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  1. #1
    Join Date
    Aug 2016
    Posts
    4

    Default Can You Claim That a Discovery Response Was Late Based on Slow Mail Service

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

    Hey all; I could really use some guidance here.

    Recap: I was pulled over in Jun 2016 for speeding. I did not admit to speeding. I got a ticket. Court set hearing date for mid August. I submitted request for discovery mid July (a month earlier). Prosecutor then reset the date to begin of October (because he could not deliver discover in time for the Aug date ~ I learned this after speaking to the court clerk).

    But I had to be out of the country for the October date so I REQUESTED a new date which is now Nov 30.

    Today is Nov 25th mid morning and the mail just got delivered. There is no discovery in the mail (I do not have Saturday delivery). I have to be away the next few days and won't be home to check the mail (I'm in travelling sales) until after the court date.

    My concerns is this:

    I live in a geographically isolated area and the mail actually has to go thru Canada first before getting to me. This always results in a usual 5-6 business days to get mail to me using normal 1st class postage. I can establish this in court simply due to my address - it's not a secret about the slow postal delivery in this area.

    Clearly I did not get discovery in the 7 day window as required BUT how do I establish this? What is my presentation to the court?

    Also, like what the heck? I asked for discovery in MID JULY ~ can I argue the prosecutor was dragging their feet for no good reason?

    thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Claim That a Discovery Response Was Late Based on Slow Mail Service

    It's not the state's fault that you aren't home to receive your mail. You can request another continuance.

  3. #3
    Join Date
    Aug 2016
    Posts
    4

    Default Re: Can You Claim That a Discovery Response Was Late Based on Slow Mail Service

    Quote Quoting flyingron
    View Post
    It's not the state's fault that you aren't home to receive your mail. You can request another continuance.
    I was home until Friday the 25th . The state is responsible to get it to BEFORE 7 days before court date by statue. That would be Wednesday the 23d. If I was home the 28th and it arrived in the mail - that would be 2 days before court date ~ so how is me being home going to make a difference again if the 7 day rule is in effect?

    You can do basic math, right? reading skills ok?

    ps..I looked at your previous posts. You have a demonstrable bias/prejudice towards illogical inflexibility - pretty obvious. You need to get your mind better balanced. Have you had a holiday lately ~ or a glass of good wine with a woman who was not a sycophant to you?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Claim That a Discovery Response Was Late Based on Slow Mail Service

    Pursuant to IRLJ 1.1, the IRLJs govern infraction cases, which are noncriminal in nature and "Provisions of statute or rule not inconsistent with these rules shall remain in effect". Pursuant to CRLJ 5, which is not inconsistent with any part of the IRLJs, service made by mail "shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday, following the third day." So unless the postmark is less than ten days from the date of the hearing, you appear to be barking up the wrong tree.

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