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  1. #1
    Join Date
    Nov 2009
    Location
    graham, wa
    Posts
    19

    Default Failure to Appear After a Request for Extension to Present Evidence

    My question involves traffic court in the State of: Washington in the county of Snohomish.
    I was going to ask for a dismissal based on lack of discovery and asked for a extension to present the date stamped application for discovery, then i was sick and missed my date. how can I fix this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    Should we infer that you were defaulted? Contact the court and see if they require a formal motion to set aside the default, or when you can appear before the court to try to make your case.

  3. #3
    Join Date
    Nov 2009
    Location
    graham, wa
    Posts
    19

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    am trying to attach the letter they sent me but , posting permissions below says i may not post attachments how can show the letter that received? thanks for your help.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    You can't post attachements. You need to put the letter on some other site (photobucket or whatever) and then link it using the insert picture button here.

  5. #5
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    Fixed it for you.


  6. #6
    Join Date
    Nov 2009
    Location
    graham, wa
    Posts
    19

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    thank you , what did I do wrong?

    - - - Updated - - -

    I showed up the next day and attempted to see the judge when the clerk said I could leave a letter for the court and see what they say so I wrote a note to the court and letter below is what I received.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    If the question is about why your image didn't appear, you most likely posted the non-public link from your image while you were logged into photobucket rather than one that everybody else could see. L-1 routed out the correct link for you.

    The clerk didn't (and couldn't) guarantee anything. The judge said you didn't appear so he's not going to grant you another hearing. You're free to submit written statements (like the proof you mailed the discovery request), but again, even with the proof, it's likely NOT to overturn your FTA and the ticket will stand.

  8. #8
    Join Date
    Nov 2009
    Location
    graham, wa
    Posts
    19

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    Quote Quoting Mr. Knowitall
    View Post
    Should we infer that you were defaulted? Contact the court and see if they require a formal motion to set aside the default, or when you can appear before the court to try to make your case.
    Should I contact the court clerk or address a letter to a judge to ask for a formal motion to set aside the FTA ?

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Failure to Appear After a Request for Extension to Present Evidence

    You can write more ex parte letters to the judge or you can make more motions, but it would appear from the sense of this letter they will NOT get you any where. You may file written statements for the judge to evaluate along with the rest of the record (officer's statement, etc...). You pretty much blew your chance to argue the discovery issue by not appearing (and really that's something that wouldn't have been an likely dismissal for you anyhow which is also one of the reasons the judge is likely not to give you another hearing on the same issue).

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