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  1. #1
    Join Date
    Jan 2011
    Posts
    2

    Lightbulb Received Discovery Demand 10 Days Prior to Hearing

    My question involves traffic court in the State of: Washington

    My husband is going to court on the 21st of January, we are starting to work on his case we have a good case I think, basically they are saying he made an illegal pass on a one lane road. When in fact its two lanes (two lights) and he did everything legally and safely to NOT pass but change lanes. Anyways more about that later. The problem is we JUST (today) received by mail a Discovery Demand from the City Prosecutor. It says we need to "Comply with these requests no later than 7 days prior to the date set for hearing" thats tomorrow (Friday) how on earth can that be possible?

    While looking to see if we could do the same I saw we couldn't because its AFTER the 14 days prior to the hearing. So it got me thinking why did we get this so late? Its dated January 10th, we receive it on the evening of the 12th. Do we have to comply with this demand and better yet SHOULD we. I would rather not show our hand I am doing a lot of research and my husband was in fact hit by another vehicle (she failed to turn on her blinker when changing lanes) so getting his ticket tossed out is very important to our case. I dont want to do anything to mess it up but think maybe they sent this out to late? What do we do or say when we go to court (IF we dont comply) when they say we violated IRLJ3.1(b)

    Thanks in advance!

  2. #2
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Received Discovery Demand 10 Days Prior to Hearing

    UPDATE:

    We did decide to comply and filed our own Discovery knowing it was late, however then we could say it was only filed 24 hours after they filed theirs?!? and we complied.

    They gave us everything on the spot and complied as well. Pretty much everything we knew they had except 1 thing they said they are doing, calling the witness (other driver) which I dont understand since she was the one who hit my husband by doing the SAME thing he was doing. Only my husband successful changed lanes was next to her, she went to do the same thing and didnt look (said that at the scene) and didnt signal.

    So this weekend we will spend trying to figure out what she could add to there case.

    Now we didnt get anything in the discovery like a statement from her or anything, is there anyway we can say when she comes to court that we didnt get anything so nothing she says is submittable?

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Received Discovery Demand 10 Days Prior to Hearing

    She may have only made a verbal statement & no one recorded it ... you can object under discovery grounds IF you asked for it & it exists & it was not provided. But the judge has great authority over this so prepare for the judge not ruling in your favor.

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