Subpoena Needed for Discovery

**Joshuadeuce1** · 09-15-2009, 09:05 PM

Filed a motion of discovery with the circuit clerk. Delivered a copy to the States Attorney. I asked for a copy of both sides of original ticket, calibration records for the radar gun, information about the officers training and certification in the use of the radar equipment. I also asked for documentary evidence such as police reports and the officers daily log and or notes. included was a request for videotape or still pictures the officer may have taken.

Three days later I got an E-mail from the States Attorney that says:
"I got your motion for discovery but for the things you are asking for you need to subpoena from the Illinois State Police. If you have any questions call me at" xxx-xxxx.

I know I saw a similar post here before but I cant seem to find it now.
Any help would be appreciated.

Roger

**Mr. Knowitall** · 09-18-2009, 09:00 AM

This is in Illnois? Check the court rules for your traffic court, as they should explain how to obtain a subpoena. (e.g, Lake County's rule 10.11.)

**Joshuadeuce1** · 09-18-2009, 09:06 PM

MR. Knowitall, Yes, Illinois. I see the link you posted for Lake county. Very helpfull, but, unfortunately I don't see anything like that for the Eleventh Judicial Circuit Court of Mclean County.

I went to the circuit clerk's webpage where they have a link to eleventh circuit court rules and I don't see anything like Lake County rule 10.11. All I see is pre-trial discovery in criminal cases.

Any further help would be greatly appreciated. Right now all I have is the citation I was given by the Officer and it is barely legible at best.

Much thanks,

Roger

**Joshuadeuce1** · 09-25-2009, 10:48 PM

Please help! I've spoke with the Circuit Clerk, States Attorney, State Police. Nobody yet has pointed me to a rule or statute that governs discovery in petty offenses.

When I asked the SA how she will get her discovery she said she's only using the citation and the Officer's testimony.

Does this mean if he doesn't bring calibration certificate, that I can object to the accuracy of the SMD?

Thanks in advance,

Roger

**Mr. Knowitall** · 09-26-2009, 05:50 AM

Ask the clerk about local rules. Check for a copy of the rules, standard and local, in the county law library.

**Joshuadeuce1** · 09-26-2009, 08:49 PM

Circuit Clerk told me "You are on your own".

Will check in their law library when I'm over there for my first appearance. It is about fifty miles from my home.

Your help is appreciated,

Thank you,

Roger