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  1. #1
    Join Date
    Apr 2014
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    5

    Default What Happens if You Don't Include Your Address on a Discovery Request

    My question involves traffic court in the State of: Washington
    I got a speeding ticket for speeding, 60 in a 50 officer annotated the ticket as 60+ (sure a sign to judge he brought it down from what the cop said was really 65) on I-5 in Vancouver, WA.

    My date is tomorrow (April 23) afternoon. I wasn't able to find a working discovery link from this website but did find one from below and sent it in based on the timelines 15 days and via registered mail: http://www.washingtonlawhelp.org/fil...r-license.docx

    I have not received any discovery paperwork and the court date is tomorrow (Apr 23) however, after reviewing the linked document it did not identify placing my address in the document anywhere and I did not include any contact info, just the case number and my name (yeah, not a bright move). I would presume to some extent the fact they have my address on record for mailing me information about my court date in the first place may mitigate my not placing my address in the discovery request.

    Postal registered mail tracking says they got the mail the day after I sent it.

    I have not received any discovery paperwork. Am I in a position to request and win based on dismissal due to lack of discovery despite not included my address in the discovery request?

    Thanks for any feedback.

  2. #2
    Join Date
    Jan 2006
    Posts
    188

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Well, I hope you, at least, followed the instructions and sent your request to the prosecutor AND the court -- 14 days before your hearing (17 if you mailed them). As far as a dismissal, it will totally depend on the judge. Since you did not include your return address, the judge could say that your request was not properly made. You might be able to get a continuance in that case -- or not -- depending on the judge. Now, if you did not serve your request on the prosecutor and file a copy with the court, you did not follow proper procedure. In that case you'll be lucky to even get a continuance.

  3. #3
    Join Date
    Apr 2014
    Posts
    5

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Thanks for the feedback.
    I only sent in one copy of the request. So Guess I am screwed on that one regardless.

    - - - Updated - - -

    So results which may be of interest to the masses. The court in Vancouver received my paperwork and they automatically forwarded it to the prosecuter's office which counted as them being served in one shot. The judge affirmed this while talking to me. So if you know your court's system setup (Vancouver is this way) sending one copy to the court via registered mail suffices as serving prosecuting attorney and the court records. The court record people printed the processing document for me that affirmed this.

    Personal issue and luck had 2 strikes against me having a simple dismissal on my case.
    1. My discovery request was received 13 days prior, not 14 days prior to which the Judge offered a continuance due to my having not yet received the paper work for the Discovery request yet.
    2. Judge initially offered next Wednesday as my new court date which would have allowed me to request a dismissal based on the fact the discovery paperwork would have been required to be received tomorrow to meet the 7 day requirement on the prosecutor's part BUT that was changed due to her not having a docket for next week. I am traveling and unfortunately my new date is in 3 weeks which increases the likelihood they may serve me the discovery paperwork in accordance with the regulation timelines. Likely no easy dismissal for that procedure.

    On another note... It was very interesting watching the courtroom. One attorney stepped up and got 3 dismissals in less than 5 minutes due to various paperwork issues. The judge actually identified a discrepancy (no signature in paperwork) for a young man fighting a texting ticket and let him dismiss.

    On particular item that was raised by the attorney the judge conceded that may be of interest to the forum. One of this clients received a ticket by a lower municipal cop who was in an unmarked vehicle. The lawyer made the case, and the judge affirmed, that based on RCW 46.08.065 that basically anyone other than state troopers have to have relatively high special and specific permission to use unmarked cars in order to conduct anything other than undercover related work. The ticket was dismissed on the basis the cop should have never been using the car for traffic patrol.

    If I get my discovery I will certainly scan and share with the audience in hopes of finding possible issues.

  4. #4

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Quote Quoting Harry_b
    View Post
    1. My discovery request was received 13 days prior, not 14 days prior to which the Judge offered a continuance due to my having not yet received the paper work for the Discovery request yet.
    2. Judge initially offered next Wednesday as my new court date which would have allowed me to request a dismissal based on the fact the discovery paperwork would have been required to be received tomorrow to meet the 7 day requirement on the prosecutor's part BUT that was changed due to her not having a docket for next week. I am traveling and unfortunately my new date is in 3 weeks which increases the likelihood they may serve me the discovery paperwork in accordance with the regulation timelines. Likely no easy dismissal for that procedure.
    You *want* to get discovery. There is no "easy dismissal" for not receiving discovery.

    You filed discovery a day late / incorrectly (obligation to file w/ both the court and the prosecutor is on you even if the court courteously helped you out in this case), were given a pass with a continuance and than expected to try to use the 7 day requirement? You wouldn't have any luck with that except maybe peaving a judge.

  5. #5
    Join Date
    Apr 2014
    Posts
    5

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    You are incorrect on this one.

    No denying I consider myself lucky to even get a continuance due to late delivery. But...

    The judge recognized the clerical processing with tracking the document was forwarded to the prosecutor as "Served". Now then this may not be the case with the administrative procedures everywhere else but it counted legitimately in this one.

    The rules here do apply to the situation and the judge was of a demeanor to follow and accept those rules. This website one of the pinned header threads for speeding tickets even identified if the specific deadlines for discovery are not followed those are legitimate cause for pretrial motions for dismissal. The court I was in in Vancouver the judge is of good demeanor and actually assisted defendants who had clerical errors and procedures they did not find and dismissed their tickets. I can't speak for the norms but this judge was on the ball without preconceived agendas towards any of the defendants. Even ones who presented themselves in a poor, hostile, temperamental manner when they stepped in front of the judge.

    Now then if you care to contribute valuable information to the discussion with specific details, facts, regulations etc. on why a court would not dismiss a case due to failure on part of the courts to follow the specified deadlines then I am all ears and certainly want and appreciate any of your input.

    If your commentary is based on "They just don't do that" perspective/experience then your information is of no added value to the discussion.

  6. #6
    Join Date
    Jul 2010
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    8,006

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Quote Quoting Harry_b
    View Post
    Now then if you care to contribute valuable information to the discussion with specific details, facts, regulations etc. on why a court would not dismiss a case due to failure on part of the courts to follow the specified deadlines then I am all ears and certainly want and appreciate any of your input.
    First, lose the attitude.

    Second, you got a judge who plays things a little differently. That is their prerogative. The fact of the matter is, if you don't file in compliance with the requirements, a judge does not have to dismiss because you didn't get your paperwork on time. That is your fault for not following procedure. That this one judge gives leeway is a matter for their court as it's their playground. Another judge is under no such constraints.

  7. #7

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    why a court would not dismiss a case due to failure on part of the courts to follow the specified deadlines
    Refer to IRLJ 3.1(b)...You only get a dismissal for violation of the seven day rule if you can show prejudice, it's not a slam-dunk "I got my discovery late" win. And it's not the court that isn't meeting deadlines, it's the prosecution...

    Don't believe me or anybody else here, we just want you to lose so we're trying to sabotage you. Go ahead and use that motion on one of your future tickets, prepare no other motions since it's an "easy dismissal" and let us know how it goes...

    - - - Updated - - -

    The court in Vancouver received my paperwork and they automatically forwarded it to the prosecuter's office which counted as them being served in one shot. The judge affirmed this while talking to me. So if you know your court's system setup (Vancouver is this way) sending one copy to the court via registered mail suffices as serving prosecuting attorney and the court records. The court record people printed the processing document for me that affirmed this.
    I just contacted the CCDC, this is not an administrative procedure for the court. You need to serve both parties. You lucked out on one incident, and everyone's happy for you and you're free to extrapolate a rule from an isolated case all you want, but don't suggest other people should do that, you're telling people stuff that simply isn't true and is going to hurt them.

  8. #8
    Join Date
    Jan 2006
    Posts
    188

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Quote Quoting MoMoney
    View Post
    I just contacted the CCDC, this is not an administrative procedure for the court. You need to serve both parties. You lucked out on one incident, and everyone's happy for you and you're free to extrapolate a rule from an isolated case all you want, but don't suggest other people should do that, you're telling people stuff that simply isn't true and is going to hurt them.
    I agree with what you're saying, but this COULD be Vancouver Municipal Court. But, yes, do NOT advise people to ignore the Court Rules created by the WA Supreme Court, in favor of a local procedure. Besides, what if the court screws up and fails to send your request to the prosecutor. Guess who takes it in the shorts?

  9. #9
    Join Date
    Apr 2014
    Posts
    5

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Thanks for the feedback.
    First a small disclaimer. I certainly do agree to all that my experience is not to be taken as a differing standard or different process for practice. I post it for awareness of my case.

    It is a discussion on how my particular situation is playing out.

    I will say I have ZERO experience with dealing with judges and will acknowledge personalities and interpretations may vary court to court.

    I do agree I received a BIG pass in gaining a continuance.

    I will say however I expressed what I perceived with this particular judge and court. I observed over and over her allowing procedural technicalities and administrative oversights to dismiss cases. She did recognize the courthouse administrative tracking document as proof of receipt of my paperwork by the prosecuting attorney and used that date of receipt as the basis for allowing my continuance.

    Personal editorial part: Granted judges I suppose can impose their views but I would have a hard time understanding how documents such as a USPS registered confirmation receipt or other receipt of service verifying the PA received the required documents are any different than the court's own digital document tracking system that specifies the date the documents were forwarded to the PA within their own system.

  10. #10
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: What Happens if You Don't Include Your Address on a Discovery Request

    Not sure what the argument was about, but i have to point out that if the prosecutor did not respond *at all* when properly served and filed with the court, it is INDEED a slam dunk dismissal. The rule states SHALL not maybe or might or 'at the judge's discretion'.

    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.

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