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  1. #1
    Join Date
    Jan 2011

    Question Can You Suppress Late Discovery Documents if You Were Slightly Late Requesting Them

    My question involves traffic court in the State of: Washington

    Snohomish county

    Based on the following (IRLJ 3.1(b)), I assume I can't motion to suppress the evidence provided in discovery regardless of the fact it was sent 2 days prior to the hearing because my request wasn't served on the prosecutor within 14 days. Am I right? Or is it worth a shot?

    If it is worth a shot, would this be a preliminary motion that if denied, I may possibly still be allowed to request deferred judgement? (I haven't used my deferral for > 7 years and I'd prefer not to have to use it now if I can avoid it).

    Note: Of other possible interest - the infraction was written and handed to me on 3/1/14 yet the state troopers "Washington State Patrol Case Report" (officer's notes) is signed (electronically) on 3/3/14, does this matter? Additionally, the infraction I received was signed by two officers, and has 2 separate badge numbers. However, I received the sworn statement/officer's notes of only 1 officer (discovery docs below). Is this grounds to suppress?

    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."

    - - - Updated - - -


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Suppress Late Discovery Documents if You Were Slightly Late Requesting Th

    It's fair to say that the court will find that your missing the deadline excuses the prosecutor from meeting the consequent deadline.

    One officer's testimony, if it covers the elements of the citation based on the officer's personal knowledge, is sufficient to support the prosecution's case.

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