Does an Extension of Initial Trial Date Reopen Discovery

My question involves traffic court in the State of: CA

I mailed a discovery that could not be ignored to the da. The dicovery was received on January 14th. I appeared in court for my set trial on February 9th. I presented my proof that discovery was sent via certified mail along with a copy of the discovery. At this point I had not received any information regarding my discovery. However the judge decided to "extend" my court date to March 9th since I had failed to provide proof that the discovery was ever received. Yesterday I received a copy of the discovery which was dated February 8th. My question is since my trial was extended for myself to obtain further documents requested by the judge, does this extension also reopen prior cutoff dates of 15-20 days for discovery?

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Quoting jessiesmith

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My question involves traffic court in the State of: CA

I mailed a discovery that could not be ignored to the da. The dicovery was received on January 14th. I appeared in court for my set trial on February 9th. I presented my proof that discovery was sent via certified mail along with a copy of the discovery. At this point I had not received any information regarding my discovery. However the judge decided to "extend" my court date to March 9th since I had failed to provide proof that the discovery was ever received. Yesterday I received a copy of the discovery which was dated February 8th. My question is since my trial was extended for myself to obtain further documents requested by the judge, does this extension also reopen prior cutoff dates of 15-20 days for discovery?

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Not sure what you mean by "does this extension also reopen prior cutoff dates of 15-20 days for discovery?"... But I'll still try to answer it. Since you've received discovery before your trial date, the 15-20 day period is no longer a point of contention. Your trial will proceed as scheduled on March 9th.

In other words, PC1054.5 requires you to wait 15 to 20 days from the date you request discovery, before you can motion the court for any sort of relief (example an order to comply). So the fact that they provided you with the discovery, allbeit outside of the 15-20 day period does not afford you any special recourse as to how your case proceeds. Good luck at your trial.

"does this extension also reopen prior cutoff dates of 15-20 days for discovery?" What I mean by this is that I was under the impression that the case was extended by 3 weeks so that I could obtain proof that my discovery had in fact been received, which it had. What I was unaware of at the time, and you have now confirmed and I thank That Guy for your time, is that by agreeing to an extension of the trial I have just also allowed the da another 3 weeks to serve the discovery. I failed to print out one receipt stating that the discovery had been received and for that error on my behalf it appears I will have to now in fact attempt to build a case with what little discovery I have. I thank you all who are part of this forum, you help inform the public of our rights.

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Quoting jessiesmith

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"does this extension also reopen prior cutoff dates of 15-20 days for discovery?" What I mean by this is that I was under the impression that the case was extended by 3 weeks so that I could obtain proof that my discovery had in fact been received, which it had. What I was unaware of at the time, and you have now confirmed and I thank That Guy for your time, is that by agreeing to an extension of the trial I have just also allowed the da another 3 weeks to serve the discovery. I failed to print out one receipt stating that the discovery had been received and for that error on my behalf it appears I will have to now in fact attempt to build a case with what little discovery I have. I thank you all who are part of this forum, you help inform the public of our rights.

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Frankly, I am not sure why the judge would have continued the case when is fact, and if the officer was there in court, he could have simply ordered him to provide you with whatever materials he had in his possession (items that he planned on using as he presented his case). Either way, the fact that you agreed to the extension means that the DA had some additional time to fulfill your request.

I must say that I am quite surprised that the DA did in fact provide you with ANY discovery at all. Usually, they tend to ignore most if not all traffic related discovery requests and/or refer you to the law enforcement agency that issued the citation.

Which city/county is this in? If you don't mind me asking...

San Diego, North County