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  1. #1
    Join Date
    Nov 2017
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    2

    Default How Does an Adjournment Affect the Due Date for Discovery

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

    I received a traffic citation for speeding (10mph over limit) and requested a contested hearing and subsequently received a Notice of Hearing for a Contested hearing as expected. Using the guide from blewis (huge thank you!), I also filed for discovery with both the court clerk and prosecuting attorney 14 days prior to hearing date. I have now received a different Notice of Hearing scheduled for more than a week later than the original Contested Hearing date.

    Are there grounds for this considering the required deadline for discovery on the original hearing date is close?

    Is the prosecuting attorney free to reschedule a hearing to accommodate their delayed response to discovery?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Does an Adjournment Affect the Due Date for Discovery

    Quote Quoting IRLJ Sec. 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.
    That language sets the due date based upon the actual date of the hearing. If they respond on time based upon the adjourned date, their response is timely; if not, then you can bring a motion.

  3. #3
    Join Date
    Nov 2017
    Posts
    2

    Default Re: How Does an Adjournment Affect the Due Date for Discovery

    Quote Quoting Mr. Knowitall
    View Post
    That language sets the due date based upon the actual date of the hearing. If they respond on time based upon the adjourned date, their response is timely; if not, then you can bring a motion.
    I truly appreciate the reply. Fingers crossed.

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