Re: No Response to Request for Discovery - Implications
If you do NOT receive the materials, yes, you may move for dismissal pursuant to IRLJ 3.1 (b) -- be sure to take your receipt with you.
Now, if the prosecutor sends you the materials, they will also "file" a copy of the materials with the court (just as you filed a copy of the request). If you go into court claiming to have NOT received them, and there IS a copy in the court file, you may have a problem. You might want to call the Clerk to see that they have, indeed, received your Discovery Request and that there is NO copy of the materials from the prosecutor. Personally, I'd wait until the day before the hearing to make that call.
If there IS a copy of the materials in the file (not counting the copy of the officer's sworn statement that should have been filed with the Notice of Infraction), you can either (a) ask the clerk to fax them to you (they may or may not), or (b) go into court for your hearing, claim they did not arrive, and ask for a continuance.
Where am I going? And why am I in this handbasket?