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  1. #1

    Default What is the Traffic Court Discovery Process

    Got the citation here in WA for fail to obey traffic control legend.

    I am contesting it.

    What are my next steps?

    Discovery... Can you point me the way to the blank form again?

  2. #2
    Join Date
    Feb 2010
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    Default Re: What is the Process

    The sticky is at the top of the traffic court forum.

  3. #3

    Default Re: What is the Process

    Thank you for the response...

    I submitted my discovery and all that was sent to me was the copy of the citation with the officers notes.

    I also received a "city's demand for disclosure" I am having my passenger come to my hearing to testify but I was curious if there was a special form or outline that I must use in order to respond to the demand letter?

    Court is next week Wednesday and I want to make sure my response is given in a timely manor.

    Thank you!

  4. #4
    Join Date
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    CT & IL
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    Default Re: What is the Process

    As far as what you are required to disclose, see the discovery rules for the court....I doubt you have anything to disclose..


    No other discovery shall be required
    . from: http://www.courts.wa.gov/court_rules...eid=cljirlj3.1

    Now this IS a discovery request and not an investigation ... post the demand, be interested in a full assessment.

    You planning on doing an investigation?

    Neither party is precluded from investigating the case, and neither party shall impede another
    party's investigation.

  5. #5
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    Default Re: What is the Process

    Quote Quoting havegratitude
    View Post
    I submitted my discovery and all that was sent to me was the copy of the citation with the officers notes.
    Congratulations.

    Quote Quoting havegratitude
    View Post
    I also received a "city's demand for disclosure" I am having my passenger come to my hearing to testify but I was curious if there was a special form or outline that I must use in order to respond to the demand letter?
    You don't have to respond to the "city's demand for disclosure." It's not required.

  6. #6

    Default Re: What is the Process

    Oh I don't??? Is it because of the timing? Can you help me understand why? The paperwork states "pursuant to CrRLG 4.7, the prosecuting attorney hereby demands that the defendant disclose the following material and information within his or her possession and/or control concerning:" Then it goes onto a bunch of items...

    Also Congratulations... because that's a good thing that this was all I received... I am certainly no expert here but his notes say " I was stopped for red signal It attempting to turn onto nevett from sr 20 w/b. While waiting for lt. It turn red for all traffic w/b and vehicle. failed to stop for red signal lt. Driver stated he thought he could make it."

    I was already through the intersection and when I was 1/2 way thru the light, it turned red. He makes it sound like it was red and I deliberately ran the red light... so not true and that is why my passenger is going to court with me.

    I would love any light you can shed on this. Court is on Wednesday and I want to make sure I am prepared for anything.

  7. #7
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    Default Re: What is the Process

    If you don't post the discovery, we can't help.

  8. #8

    Default Re: What is the Process

    I hope this works.

    Here are the docs I received



    http://photobucket.com/bpddiscovery

    - - - Updated - - -

    Quote Quoting BrendanjKeegan
    View Post
    If you don't post the discovery, we can't help.
    I hope that the post I did below will help. I have no idea about this and I want to make sure I am prepared and I am not clear as to why someone would say congratulations on the earlier post or that I don't need to respond to the cities demand.

    Thank you so much for your help in this. I very much appreciate it.

  9. #9
    Join Date
    Feb 2010
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    Default Re: What is the Process

    "Your honor, I move to dismiss due to lack of evidence. The officer has not stated what direction I was traveling. We know that the light for him, w/b on SR 20, was indeed red, but without knowing the direction of travel for a particular defendant there is no way to prove that the light controlling the traffic in a particular defendant's direction was red."

  10. #10
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    Default Re: What is the Process

    Quote Quoting havegratitude
    View Post
    Oh I don't??? Is it because of the timing? Can you help me understand why? The paperwork states "pursuant to CrRLG 4.7, the prosecuting attorney hereby demands that the defendant disclose the following material and information within his or her possession and/or control concerning:" Then it goes onto a bunch of items...
    .
    http://www.courts.wa.gov/court_rules...tate&group=clj

    The paperwork is referencing CRIMINAL rules, not infraction rules .... discovery in your case is covered by the link I provided above. Why not post the discovery request, I'll get a good laugh out of it.

    I linked to the rules relevant to you ... you are covered under the infraction rules ... just ignore the document

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