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  1. #1
    Join Date
    Apr 2012
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    13

    Default Discovery Materials Received Were for a Different Case

    My question involves traffic court in the State of: Washington.

    I just received a discovery envelope from Kittitas County with the correct address and name on the envelope.

    Inside it contained the discovery information for someone else? ( his request was on the 19th and it was stamped received on the 23rd and they are only now sending it on 1/10/14?) I assume this might be an opportunity for him to get a dismissal? I assume but do not know that the other person has received my discovery?

    I requested discovery and have not received the actual discovery for my speeding ticket.

    Is there an opportunity to be granted a dismissal based on this situation?

    court date is scheduled for the 27th or 28th of this month?

    What if I sent the wrong discovery back to the court next week?

    thank you.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: They Sent Someone Elses Discovery

    I would say you should safely be able to motion for dismissal, since the prosecution has no evidence to use against you. Hang loose for one of the WA experienced members to help you phrase it.

  3. #3
    Join Date
    Sep 2005
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    Default Re: They Sent Someone Elses Discovery

    If you got the wrong materials, you call up the person who sent you the materials and inform them of the error. They then send you the correct materials. Mistakes happen. If you notify the sender of the error they can even get you replacement materials within the time frame set forth in the governing court rule.

    You should anticipate that the court is going to find the prosecutor's response to your objection, "He had the materials for two weeks and made no effort to contact our office to report a problem or request the correct materials" to be a "reasonable excuse or justification" for why they didn't correct a mistake they didn't even know had occurred.
    Quote Quoting IRLJ 3.1(b)
    (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
    Apr 2012
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    13

    Default Re: They Sent Someone Elses Discovery

    Quote Quoting Mr. Knowitall
    View Post
    If you got the wrong materials, you call up the person who sent you the materials and inform them of the error. They then send you the correct materials. Mistakes happen. If you notify the sender of the error they can even get you replacement materials within the time frame set forth in the governing court rule.

    You should anticipate that the court is going to find the prosecutor's response to your objection, "He had the materials for two weeks and made no effort to contact our office to report a problem or request the correct materials" to be a "reasonable excuse or justification" for why they didn't correct a mistake they didn't even know had occurred.
    My daughter was issued the ticket returning to college on the other side of the state. her license lists this address and mail is more reliable to her home. I wanted to review it before sending it to her. If I didn't and sent it to her in the mail and she is busy with school she might not open it till next week. she discovers that its the wrong information and now she notifies the court next week.
    why is it our burden to have discovery a couple of days before the court date?

    Mistakes like my daughter speeding happen (her first ticket).
    She would also be pressed for time requesting help from this site. She could put the discovery on line and maybe the rite person doesn't have the opportunity to review and offer helpful advice?

    They make a mistake sending me someone else's information. What about the other persons confidential information coming to me? What if it was a congressman or the governor and I put it on the internet?

    What is a reasonable time to respond how fast am I obligated to respond to their error? I am travelling and don't get the envelope till this Friday? Why are they not obligated to actually send me the discovery I correctly ( within the proper time) frame asked for? Why am I obligated to forgive or accept their not fulfilling their obligation correctly?


    does anyone get a ticket dismissed based on everything being done by the book. I have sat in court and listened to lawyers get their clients case's dismissed due to mistakes.

    I don't have the discovery to review for potential mistakes which I correctly requested and sent the letter to the correct address. If I hadn't requested discovery properly would they call or send me a letter?



    We would not be having this issue if they handled their business and provided what was requested?

    So why am I under this additional responsibility?

  5. #5
    Join Date
    Sep 2005
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    Default Re: They Sent Someone Elses Discovery

    Quote Quoting coug66
    View Post
    My daughter was issued the ticket returning to college on the other side of the state. her license lists this address and mail is more reliable to her home. I wanted to review it before sending it to her.
    If she chooses to use an incorrect address for her correspondence, that's on her. If you hold up the paperwork so she doesn't get it for another week, that's on you.
    Quote Quoting coug66
    Mistakes like my daughter speeding happen (her first ticket).
    She is free to argue to the court that she was unaware that if she pressed the accelerator pedal that hard, her car would speed up and maintain a speed above the legal limit.
    Quote Quoting coug66
    What about the other persons confidential information coming to me?
    Why do you believe that the materials provided in discovery are confidential? They are not.
    Quote Quoting coug66
    What is a reasonable time to respond how fast am I obligated to respond to their error?
    You had time yesterday. You'll have time tomorrow. If you somehow can't find the time to do it yourself, it's not your ticket - send your daughter an email and have her take care of it.

  6. #6
    Join Date
    Sep 2011
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    OH10
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    Default Re: Discovery Materials Received Were for a Different Case

    Why is daddy practicing law without a license?

  7. #7
    Join Date
    Apr 2012
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    13

    Default Re: Discovery Materials Received Were for a Different Case

    double post sorry

  8. #8
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    Sep 2011
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    Default Re: Discovery Materials Received Were for a Different Case

    Researching is one thing. Filing a subpoena for information is another.

    Quote Quoting coug66
    View Post
    am I on a lawyers only site? Can you imagine that I would like my daughter to resolve this without paying a fine?

    should I not try to research options for my and my daughters sake?

  9. #9
    Join Date
    Apr 2012
    Posts
    13

    Default Re: Discovery Materials Received Were for a Different Case

    I once requested discovery years ago and they did not send it because I sent it addressed to the prosecutor but it was the wrong part of the court house, I believe the floor was wrong? to be fair it might have been to a neighboring court building?

    I showed up to court looking to have the officers sworn statement removed from evidence. I lost because I didn't send the request to the correct location.

    They must have thrown the request away since I never got a phone call or the request returned.


    They sent the wrong information to the correct address and you are saying that they did fulfill their obligation to my daughter? That they met the requirements and there is no opportunity for dismissing the officers sworn statement ( if there actually is one since they have yet to send it)

    I assume you give good advice and offer solutions to help people. If you were my lawyer you could not get a dismissal based on this?

    I hope I don't sound too negative its just that I came to this site to find options.

    I must have offended people by thinking that there was a loop hole here?

    This isn't a loophole, just a mistake?

    I once sat in court and listened to a lawyer give an endless number of motions to dismiss, this and that in the end the judge got tired of his endless motions and accepted his last motion which was...

    The radar gun display was not calibrated or certified for brightness or visibility and perhaps the officer could have misread it. He was worth every penny and every lawyer in their gave him a smile and a head nod on his way out. Would he give me advice to notify the court as quickly as possible?


    Mr Knowitall, you are very generous with your time and I see you are a major contributor so I don't want to sound disrespectful. I hope I wasn't too disrespectful to anyone I don't get the "filing a subpoena comment" but if it was for disrespect I apologize.

    hopefully I will get the correct discovery soon and then I can post some details regarding the actual infraction and the officers statement.

  10. #10
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Discovery Materials Received Were for a Different Case

    UH. You're saying you sent the prosecutor a discovery request and they responded by sending you someone else's discovery? That's pure brilliance.

    Don't call up the prosecutor and notify them. As Mr. KIA said, "mistakes happen," but it is not your job to cover an adversary's tracks when one of their agents clearly screws up. I would keep my hand as close to me as possible and I wouldn't reveal it until I got to court. Then I'd explain I didn't receive discovery materials, but I did receive someone else's.

    Law, by nature, is an adversarial process. It's a dog-eat-dog world out there: use what you've got to your advantage.

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