Requests for Discovery

Greetings,

I live in WA St. Received a speeding ticket the end of June. I pretty much have my defense set up and scripted. I will gladly share it after the court date. To date, I've filed a subpoena requesting the officer at trial. Also, I've made a Request for Discovery, well ahead of mandated timeline, for various items from both the prosecutor and the police agency issuing the ticket. Since then, I've recieved a Request for Discovery from the local prosecutor requesting the following:

1. Defendant to state the general nature of my defense, in writing.
2. A list of Defendant's witnesses with correct data...etc.
3. List of expert witnesses with data...etc.
4. The results of any scientific tests or experiments I plan to use.
5. Any writings and/or recordings as defined by Evidence Rule 1001a I plan to use
6. Any photos I plan to use IAW ER 1001b

Additionally, the request says: "Plantiff requests an answer to the above requests be made in a timely manner but in any event, not later than the date of the pretrial conference."

I'm 11 days away from trial. No preconference date has been set to date. I suspect it will be 30 minutes prior to trial. HA

Do I have a duty to respond to this request? I have a real problem providing the prosecutor with my defense strategy. Although I have witnesses who will testify affirmatively and convencingly in my behalf, I have since chosen not to use them in my defense.

In my Request for Discovery, I requested some items I have no plan on using. This was a diversion. If I must respond, my inclination is to continue the diversion and respond with the bogus defense....which I don't plan to use at all. The reason being is I don't expect to get this information through discovery by any of the channels I requested the info from (procecutor and WSP). I would provide the informtion to the prosecutor moments before trial along with other case laws I dug up.

I have looked over the following guidance, but the issue of whether I have a duty to respond is still unclear to me.

Civil Rules for Courts of Limited Jurisdiction (CRLJ) Rule 26

http://www.courts.wa.gov/court_rules...leid=cljcrlj26

I'm in gratitude for all the help this site provides to the public and those willing to fight the revenue generating machine of WA St.

Much thanks,

Koy

The appearance scheduled is a pretrial. You are going to tell the judge or magistrate what you plan as your defense. You are not going to waste the court's time by playing games with bogus strategy.

According to LCrRLJ 4.5 PRETRIAL HEARING,

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Defendant's failure to appear at a pretrial hearing may be grounds for the issuance of a bench warrant.

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Do not assume that providing information about legal procedure or helping those persons interested in knowing legal process, statutes, codes, etc is in anyway a commitment to the issues addressed.

You have 14 days to inform the court that you are unable to make the discovery deadline. It is possible that you might be held in contempt.

Yes, you must comply with the requests. And they must comply with your requests if properly propounded (timely, within the scope of the prosecution, not overly burdensome, etc.). If you intend to present evidence other than what you've provided as a response to a request for discovery, it can't be admitted. They're entitled to know what evidentiary material you have; likewise, you are entitled to theirs - it goes both ways. You could request a continuance, and request the same stuff from them. You're entitled to police reports, photographs, videos, radio transmissions, expert reports, police personnel records, expert names and subject matter they will testify on, any publications they intend to rely on; "any and all materials intended to be relied upon" and requst a copy thereof (which you will need to pay for). If you have an expert who will qualify to state with authority that that stretch of highway is a well known speed trap (or something of that nature); or an expert who has credentials to state that radar to calculate speed is flawed 50 percent of the time (whatever), then they're entitled to know who will be testifying. Without knowing what you intend to present as a defense, it's difficult to know what will be the most pertinent evidence.

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Quoting deadlock

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The appearance scheduled is a pretrial. You are going to tell the judge or magistrate what you plan as your defense. You are not going to waste the court's time by playing games with bogus strategy.

According to LCrRLJ 4.5 PRETRIAL HEARING,

Do not assume that providing information about legal procedure or helping those persons interested in knowing legal process, statutes, codes, etc is in anyway a commitment to the issues addressed.

You have 14 days to inform the court that you are unable to make the discovery deadline. It is possible that you might be held in contempt.

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Thanks for your rapid response, Deadlock. I greatly appreciate your input.

In WA St, traffic violations are civil matter and not criminal. I referenced CrRLJ 4.7 and that deals with criminal cases. The "L" prefix in front of the LCrRLJ, I understand, indicates lower jurisdictional court rules based on the CrRLJ. Please correct me if I'm wrong about that.

Also, I confirmed with the county clerk that my Oct hearing is the full trial before the judge and NOTa pretrial hearing.

The "Do not assume that providing information..." line, sadly, I'm not sure what you are saying. My intention is to provide the court with case law to allow the judge to gain greater insight to the points I'm going to make with my multi-layered defense. I'm fairly certain these points aren't made in this county very often, if at all. As for the prosecutor, he'll get his file folder of stuff moments before court starts if I can't find some legal precedent or rule to compel me to act otherwise. I may enter some pictures into evidence....but not much else. The prosecutor will get his copy of those too.

Just an FYI for any other Washingtonians, the prosecutor is only required to provide the defense a copy of the citing officer's sworn statement and with the names of any witnesses not identified in the citing officer's sworn
statement per IRLJ 3.1b. The sworn statement must be the citation, front and back. That's all I received from the prosecutor. I asked for much more.

http://www.courts.wa.gov/court_rules...eid=cljirlj3.1

Thanks again.

Koy

Going along with Deadlock, check your hearing notice. See if it says "Pre-hearing Conference". If it does, that's what you're scheduled for. If not, you're going to the actual hearing.

Your Discovery Request looks like a boilerplate response to anyone who sends them a Discovery Request. But, these requests are not in compliance with IRLJ 3.1, the pertainent part of which reads:

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Quoting IRLJ 3.1

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(b) Discovery. Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed, the plaintiff's lawyer shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with a copy of the citing officer's sworn statement and with the names of any witnesses not identified in the citing officer's sworn statement. If the prosecuting authority provides the citing officer's sworn statement less than 7 days before the hearing but not later than one day before the hearing, the citing officer's sworn statement shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case. If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed. No other discovery shall be required. Neither party is precluded from investigating the case, and neither party shall impede another party's investigation. A request for discovery pursuant to this section shall be filed on a separate pleading.

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Basically, you should probably supply the prosecutor with a list of witnesses prior to the proceedings. If you're going to introduce evidence, such as pictures, scientific test results, etc., you should bring three copies, one for the judge, one for the prosecutor, and one for yourself.

Bottom line, I would write a response to the Discovery Request, naming any witnesses you MIGHT use, and denying the prosecutions other requests pursuant to IRLJ 3.1(b).

Good luck,
Barry

Edit: sorry, I guess we were both posting at the same time. Looks like you're on top of it. Be sure to bring copies of your cases and the IRLJ -- you'll be surprised at how many judges don't know it.

I have no idea what you're doing looking at Rules for Court of Limited Jurisdiction. You cited criminal court rules.

I gave you a reference to CIVIL rules for Court of Limited Jurisdiction because I didn't expect you have criminal charges. Maybe you do. :D

How about Municipal court, Koy? Think that might sound more like where you are going in 11 days?

Are going to Court for an infraction (criminal or civil)? I have no idea.

The procedure is usually that you will stand before the judge and enter a plea of guility or not guility. If you plead "not guilty" you will be asked to provide your defense. There won't be time to have a discussion nor will you have the opportunity to argue. There are reasons and there reasons. Otherwise, you have no case.

If you have a case that will be heard, it is usually assigned a date at that time.

Where are you going? What infraction or citation did you receive? How did you decide upon the Rules that you have quoted?

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Quoting blewis

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Your Discovery Request looks like a boilerplate response to anyone who sends them a Discovery Request. But, these requests are not in compliance with IRLJ 3.1.

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YUP.....that's what I thought too. A boilerplate copy of a copy. The line about the prehearing trial was the clue I took.

IRLJ 3.1b discusses the defenses ability to request discovery and the timelines the prosecution must meet or else. Also, what the prosecution has to provide. The line "No other discovery shall be required." reflects the courts won't or shouldn't require me to provide the prosecutor discovery unless I choose to. True?

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Quoting blewis

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Basically, you should probably supply the prosecutor with a list of witnesses prior to the proceedings. If you're going to introduce evidence, such as pictures, scientific test results, etc., you should bring three copies, one for the judge, one for the prosecutor, and one for yourself.

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Barry, I think this is sound advice.

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Quoting blewis

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Bottom line, I would write a response to the Discovery Request, naming any witnesses you MIGHT use, and denying the prosecutions other requests pursuant to IRLJ 3.1(b).

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Good point....close the door on that path. I do have witnesses, but I'm not going to get them involved. I'm confident I can win this without them. If I did list them to the response, is there a chance the prosecutor could subpoena them to court? I don't want that.

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Quoting blewis

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Edit: sorry, I guess we were both posting at the same time. Looks like you're on top of it. Be sure to bring copies of your cases and the IRLJ -- you'll be surprised at how many judges don't know it.

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That's a good idea about the copy of the IRLJ. Amazing isn't it?

This is my first ticket I've fought. I plan to fight any others I get from this point forward.

One last question, if the defendant wins, is there any recourse for reimbursement of costs incurred to defend? It would be nice to put a little salt in their wound.

Your wisdom is much appreciated.

Koy

Deadlock. Thanks for your input. This whole issue only goes to show how confusing the law can be....let alone varying laws from different states. Every state has it's own unique twists and turns for sure.

I greatly appreciate your help.

I'd also like to thank Kandi6 and Barry for their timely and helpful input.

I'll let you know how things go in 12 days. Have a great weekend all.

Koy

I would check these rules: http://www.courts.wa.gov/court_rules...p=clj&set=IRLJ

For example you don't have to subpoena. It has to be provided to you.

RULE IRLJ 3.1 CONTESTED HEARINGS--PRELIMINARY PROCEEDINGS

I also think you need to understand Rules of Evidence. This is applicable to traffic infractions.

As I stated above, if you have not reviewed the Rules for your district or municipality you should consider doing that.

I realize there are different statutes, rules, etc for states, counties, districts, etc. but the difference in formality of traffic violations is different than that in courts where criminal or civil charges are heard.

I respect your decision not disclose too much information. It is just a little difficult to tell if you know exactly what is happening or if you don't want to disclose this information.

In any event, good luck.

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Quoting Koy

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One last question, if the defendant wins, is there any recourse for reimbursement of costs incurred to defend? It would be nice to put a little salt in their wound.

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You could only wish. At least, however, you don't have to pay court costs if you win -- I understand that that is done in some states. BTW, it's highly unlikely that the prosecutor would subpoena any of your witnesses. The last thing they'd want is a witness who is hostile to their case and who is being FORCED to be there to testify for the prosecution. Unless it's an accident where the only witness against you is "the other guy", they rely solely on the citation itself -- unless you subpoena the officer.

Let us know how it turns out.
Barry