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  1. #4
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Request for Discovery--The Other Side

    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:
    Quote Quoting IRLJ 3.1
    (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.
    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.

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