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  1. #1
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    Default How to File an Informal Discovery Request in California

    My question involves traffic court in the State of: California

    I have been trying to file an informal discovery request and been getting the run around from the clerks. One clerk told me that there is no prosecutor. Im not sure what she was talking about, but my understanding is that there must be a prosecuting agency as the judge and officer cannot represent the people.

    My last resort is to file it to the District Attorney of Los Angeles County, but I called them and they told me that they do not handle these cases. I cited: Government code 26500: The district attorney is the public prosecutor, except as otherwise provided by law.

    They reiterated that they do not handle traffic cases. Please help. Court is in Torrance, CA.

  2. #2
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    You file it with the people who HAVE the information. That is whatever police agency wrote the ticket with a copy to the prosecutor. The court is not involved and the clerk isn't there to tell you how to do it.

  3. #3
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    As flyingron indicates, you file your discovery request with the police agency. If you want to also serve the prosecutor, it takes only some extra paper, an envelope and a stamp, but all they're going to do is tell you to serve the police agency.

  4. #4
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    Quote Quoting flyingron
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    You file it with the people who HAVE the information. That is whatever police agency wrote the ticket with a copy to the prosecutor. The court is not involved and the clerk isn't there to tell you how to do it.
    Thank you for your response. The prosecuting agency is responsible to provide me this information based on CVC 1054.1

    The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies…

    It is not my responsibility to go to the police station to serve a discovery request to the police station. At this juncture, Im pretty much inclined to serve the informal discovery to the Los Angeles County DA even though I know they will not have involvement in my case.

    Government code 26500:
    The district attorney is the public prosecutor, except as otherwise provided by law.

  5. #5
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    Quote Quoting jamescw0
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    Thank you for your response. The prosecuting agency is responsible to provide me this information based on CVC 1054.1

    The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies…

    It is not my responsibility to go to the police station to serve a discovery request to the police station. At this juncture, Im pretty much inclined to serve the informal discovery to the Los Angeles County DA even though I know they will not have involvement in my case.

    Government code 26500:
    The district attorney is the public prosecutor, except as otherwise provided by law.
    You and donzoh, who should be along shortly to toot your horn, will get along famously.

    Regardless of the law, the currently accepted status quo in California traffic courts is that prosecutors do not get involved in discovery for infraction cases. They do not provide discovery because, as they will tell you, they do not handle evidence for traffic cases.

  6. #6
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    Try the City Attorney's office. They'll stamp it and send it on your way. You'll get a letter back saying they aren't going to deal with it either. The City Attorney is in the Torrance Courthouse.

    However, I'm not sure why you feel like you'll be running all over heaven and earth. I was born in Torrance. You're either going to Redondo (down the street), Torrance PD (same center as the courthouse) or the Highway Patrol (right off the 110 at Torrance Blvd) on Hamilton, across from Child Support Services.

    Don't worry though, all the discovery in the world isn't going to do much. You're not litigating a murder case.

  7. #7
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    Quote Quoting jamescw0
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    It is not my responsibility to go to the police station to serve a discovery request to the police station.
    If you choose to misdirect your discovery request on principle, you will not get the documents you want. Given that there are no reported cases in which courts have accepted your interpretation of the prosecutor's duties in relation to traffic cases, while you are free to appeal your disposition to try to make new case law, under present law and practice you're tilting at windmills.

  8. #8
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    Mail your informal discovery request to the agency that issued the citation. Mark the front of your envelope "ATTN CUSTODIAN OF RECORDS".

    Attach a copy of your traffic citation and include a letter spelling out what discovery items you are looking for. Your request does not have to be formally worded in legalese, so there is no need to sound like Perry Mason. For the most part, Custodians of Records try to be helpful unless you are seeking things that are not available through informal discovery, such as items that were original produced by or in the custody of someone else, or that are exempt from disclosure.

  9. #9
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    Default Re: Getting the Run Around from Clerks. Where Do I File My Informal Discovery Request

    First, you're wrong. You won't likely have a prosecuting attorney to make the 1054.1 request to. There will be no prosecutor in your proceeding. 1054.1 is hence moot.

    Second, you're wrong. Most of the courts in California have local rules that tell you to do exactly what I said (notify the agency with the records and a copy to the county attorney).

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