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  1. #1
    Join Date
    Oct 2009
    Location
    CA
    Posts
    22

    Default Motion to Compel

    I'm trying to send motion to compel discovery to court. The questions I have are:
    Do I need to copy DA on this or not?
    What should I put into the motion?

    I found the Appliction for Motion for local court and following text is what I've so far. Will this do or not? Any one got some suggestions?

    detail on my case can be found in this thread:

    Thank you!

    Your Honor,

    I’ve served Request for Discovery on Feb 8th of 2010 to Honorable Jan Scully, District Attorney. To date I’ve yet to receive the requested information. I’d like to make a motion to compel discovery for following reasons:

    Violation of my right to due process (and 42 USC 1983)
    Lack of discovery including items of exculpatory value hinder my ability to prepare a defense against the charge

    Please find attached proof of service of the discovery to Honorable Jan Scully and copy of proof of receipt by DA office USPS.

    Please find bellow a list of items request that have not been provided:

    A list of all witnesses for the prosecution.
    A copy of all records regarding the maintenance and calibration of the radar unit used in this case;
    A copy of each and every certification issued to Officer XXXX involving the use of said radar unit.
    A copy of all of Officer XXXX notes on this case including copies of the front and back of the officer’s copy of the ticket.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,646

    Default Re: Motion to Compel

    Laws and court procedures vary by state, as does the availability of discovery in traffic court. But for an actual motion, yes, you must file a copy with the court. You may have to schedule a hearing date with the court, and file a praecipe and notice of hearing.

  3. #3
    Join Date
    Oct 2009
    Location
    CA
    Posts
    22

    Default Re: Motion to Compel

    Thanks.

    I couldn't find much in terms of what court procedures are to be followed for motion. I found the form and there is not allot of instructions. It has some pre-defined stuff and a blank second page. So I don't need to send a copy to DA, correct?

    And I just noticed I forgot to include link to my other thread with case details here it is

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