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  1. #1

    Default Did I Screw Up My Washington Discovery Request

    My question involves traffic court in the State of: Washington
    Hi guys and gals. I got a speeding ticket, requested a contested hearing, got a court notice for Spokane Valley District Court on May 29th, and used Barry's form to request discovery. The potential problem is I filed a discovery request, as per Barry's suggestion, with the Prosecuting Attorney and County Clerk. I got a notice from the Clerk within a couple days saying they couldn't handle discovery requests, and that they had to be sent to the Prosecuting Attorney. I figured this would be fine, since I also filed a copy with the attorney. However, my court date is 6 days away and I have yet to receive any form of discovery. Would I have to do something special because it's "Valley Court" instead of regular court? If I don't receive discovery, can I just bring the copy of discovery I requested, stamped by both the Prosecuting Attorney and County Clerk, and get the case dismissed? Here's a link to my court's website, if that helps:
    http://www.spokanecounty.org/distric...nt.aspx?c=1551

    Thank you very much!

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Did I Screw Up My Washington Discovery Request

    You can file discovery with 10,000 people lol as long as you filed it with the correct party you should be OK. Don't even mention the clerk's service.

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Did I Screw Up My Washington Discovery Request

    If you served the prosecutor and filed a copy with the court that has jurisdiction, you're covered -- no matter what the idiot clerk's response was. Bring your proof of service to court with you.

    If you do not get your discovery, you make the following argument:

    1. "Your Honor, I move for dismissal per IRLJ 3.1(b). I served the prosecutor with a discovery request on (date), and as of yesterday's mail I have received no response. I have my proof of service if you would like to review it."

    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 prosecuting attorney shall at least 7 days before the hearing provide the
    defendant or the defendant's lawyer with (1) a copy of the citing officer's
    sworn statement (2) a copy of video or photographic evidence the prosecutor
    proposes to introduce at trial, unless in reply to the discovery request the
    prosecutor provides the address to a website where such evidence is accessible
    to the defendant; and (3) the names of any witnesses not identified in the
    citing officer's sworn statement. No other discovery shall be required. If
    the prosecuting authority provides any portion of the discovery less than 7
    days before the hearing, such untimely discovery 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 any portion of the discovery prior to the day of the hearing, the
    portion of discovery not provided shall be suppressed.
    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.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Did I Screw Up My Washington Discovery Request

    And add, "and filed a copy of the request with this court."

    Barry

  5. #5

    Default Re: Did I Screw Up My Washington Discovery Request

    Ok, thank you to both of you, I will use that! Why would the clerk send back the discovery request though? It's still "filed" even though they sent it back, right?

  6. #6
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Did I Screw Up My Washington Discovery Request

    If they sent it back, you still complied with discovery. Bring the court's response with you to show proof it was filed.

  7. #7

    Default Re: Did I Screw Up My Washington Discovery Request

    Quote Quoting Speedy Gonzalez
    View Post
    If they sent it back, you still complied with discovery. Bring the court's response with you to show proof it was filed.
    Ok, I got my discovery in the mail today. Seeing how this is no longer about court procedure, I made a thread in moving violations.
    http://www.expertlaw.com/forums/showthread.php?t=141527

    Thanks Speedy and Barry!

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