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  1. #1
    Join Date
    Jan 2019
    Posts
    15

    Default Where to Mail the Discovery Request After Getting a Washington Traffic Ticket

    I have read blewis' procedural guide and very grateful that I found it. I do have 3 questions:

    1. Besides the court, who else should receive my request? Prosecutor? Ok who is that? how would I got about finding who would be the prosecutor for my specific case? Same address as the court?

    2. When should I send my request? I know it needs to be sent 14 days before my hearing. Id figure the longer I wait closer to that date the more opportunity the request wont be fulfilled by the time period.

    3. If I do not get the discovery within the 7 days as stated in IRLJ 3.1b, I go to court on my day and plead show them documentation of when the "discovered materials" were mailed to my residence and then what? How do I show "prejudice" and move to get it suppressed? Basically if and when the materials requested are either wrong or sent late, what is the next step (Im sure it is on here).

    ***Also I haven't heard of too many commentators being successful at this. If you have success or failure please comment in as well, Id like to gain all perspective, what to expect, what worked what didn't, etc.

    Thank you

  2. #2
    Join Date
    Nov 2009
    Posts
    855

    Default Re: Who Am I Mailing the Discovery Request to Specifically

    You are requesting discovery from the prosecutor per IRLJ 3.1(b), and you need to serve it either at their office or by mail per CRLJ 5, then also file a copy with the court.

    Have you downloaded the discovery template linked in the procedural guide? You will find instructions in that template:

    Quote Quoting blewis
    You must serve this on the prosecutor and file a copy with the court. Call the Clerk of the Court and ask for the address of the Prosecutor's Office. I usually print three copies. I hand carry all three to the prosecutor's office. Have the clerk/receptionist date/time stamp ALL THREE copies. Leave one for the prosecutor. Take the two remaining copies to the Court Clerk. Have them date/time stamp BOTH copies. Leave one with the clerk. Your copy now contains the 'proof of service' in case you don't receive the discovery materials. If you're too far away, you can also send them CRRR (or just mail them -- but it's safer to have a 'proof of service').
    Proof of service is VERY important if you intend to possibly argue that the discovery was not mailed in a timely fashion. The judge will ask to see your proof. You should carefully study the rules.

    Service by mail requires a postmark at least 17 days before your hearingónot 14 days. Read CRLJ 5 linked above. You must also include an affidavit of mailing specifying exactly which papers were mailed. If you can serve the request in person it is easier and more failsafe.

    If you receive materials within 7 days, Iím not sure you will be successful at showing prejudice. If you have proof of service per the above rule and donít receive the materials at all before the hearing, then you should get a dismissal. Iíve heard attorneys get dismissals for this, but pro se defendants really need to have the proof of service. Frankly I would say that your most likely defenses will come from the officerís sworn statement rather than late discovery--which is more of a long shot.

  3. #3
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Who Am I Mailing the Discovery Request to Specifically

    Great feedback and explanation. Im aiming at mailing by certified mail just because Im not close by. IRLJ 3.1(b) asks for 14 days before the contested hearing CRLJ 5 doesn't state anything specific to 17days. Do you know of any affidavit of mailings template that I can obtain?

    Also as far as the officers sworn statement, what I am looking for specifically for a defense? Inaccuracies?

    Thank you on this Super Bowl Sunday!

    ****UPDATE****

    In trying to find out where to send the request form, I was directed to City Hall's Prosecutions office? I was directed to do and ONLINE SUBMISSION discovery request. I screen shot it, to have proof of when I made the request. Didn't know they offered this in Vancouver, WA. Don't know if this will hurt or help my case either.

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