Witness and Evidence Not Disclosed in Discovery Were Allowed at Trial
My question involves traffic court in the State of: CA County of Lassen
Prior to my court case for a speeding ticket I made and obtained informal discovery in which all witnesses and reports related to the case were clearly requested. On the day of the trial an additional witness, which was an Officer, showed up and they were both allowed to read verbatim from a report which had not been provided to me. I made an objection to the judge however the witness and reports were still allowed. Are the court procedures different for infraction cases? Are these cases handled similar to small claims civil proceedings? Feel a little steam rolled by the judge.
Re: Witness and Reports Not Included in Discovery Allowed by Judge During Trial
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Grinch37
My question involves traffic court in the State of: CA County of Lassen
Prior to my court case for a speeding ticket I made and obtained informal discovery in which all witnesses and reports related to the case were clearly requested. On the day of the trial an additional witness, which was an Officer, showed up and they were both allowed to read verbatim from a report which had not been provided to me. I made an objection to the judge however the witness and reports were still allowed. Are the court procedures different for infraction cases? Are these cases handled similar to small claims civil proceedings? Feel a little steam rolled by the judge.
You'll have to provide more details as to the scope of their testimony, the type of report they were "allowed to read from" and more importantly, the speed you were clocked at and the code section you were cited for.
Re: Witness and Reports Not Included in Discovery Allowed by Judge During Trial
Also, some information would be known to you even if not disclosed in discovery (e.g., if this was an officer you encountered at the time of the traffic stop), and some evidence not disclosed might come into evidence only in rebuttal (e.g., you raise new claims and theories during the defense case, and the new witness and report are introduced to rebut your new theories).
You made an objection and the judge overruled you - it would be helpful if you would tell us the basis of the judge's ruling.