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  1. #1
    Join Date
    Jun 2016
    Posts
    17

    Default Is the Deadline for Requesting Discovery Based on the Date of Mailing or Receipt

    My question involves a traffic ticket from the state of: Washington.

    Hello All...I would like to have a clarification on the dateline of request for discovery. The law says that we can ask for request for discovery before 14 days from the date of hearing. Does that mean the prosecutor should receive the request before 14 days or we can send the request for discovery between 14 days? e.g. if my hearing is on July 1st, can i submit my request on 17th June? Or should I have to send it earlier so that the Prosecutor's office receive it by 17th?

  2. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Is the Deadline for Requesting Discovery Based on the Date of Mailing or Receipt

    For service by mail you need a postmark at least 17 days before the hearing date (14 days + 3 days for service by mail). For proof of service by mail, you will also need to purchase a return receipt at the post office to have written acknowledgment of service.

    If you are able it’s preferable to serve the prosecutor in person, and ask for stamped copies for yourself and for the court (take 3 copies).

  3. #3
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Is the Deadline for Requesting Discovery Based on the Date of Mailing or Receipt

    Searcher99, I sent the RforD on 16th of July. They signed the return receipt on the 20th. I have not received the discovery documents yet. My hearing is on the July 1st. Does that mean I have no chance of dismissing my ticket because I was late in asking for RforD?

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Is the Deadline for Requesting Discovery Based on the Date of Mailing or Receipt

    Per the rule linked above your deadline for mailing the request was 14 July, so yes you did serve it 2 days late and will need to look for other defenses. If you donít receive discovery materials in time to examine them before your hearing, you should request a continuance.

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