Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2014
    Posts
    5

    Default Informal Discovery

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

    I am contesting a carpool violation citation. I submitted an informal request for discovery with the CHP and then filed my proof of service with the court.

    My question is 2 part:
    1. if CHP responds to my discovery request is CHP also required to file a proof of service with the court to prove they they responded to my informal discovery request? Or are they not required to file a proof of service at all? How do they prove they responsed to my request?

    2. If they are required to file a proof of service but they fail to do so (no record found in the online case report, can I ask the court to dismiss my case by arguing that I did not receive response to my request since there is no proof that I received discovery?

    Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,246

    Default Re: Informal Discovery

    No "proof" of any sort is required. (And it's not "service" at all). If you don't receive the discovery materials you requested, you need to take that up with the court. Note that even if they don't send the material, it's not an automatic "get out of jail free" card.

  3. #3
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    506

    Default Re: Informal Discovery

    Quote Quoting Bruinblu
    View Post
    How do they prove they responsed to my request?
    The proof that they complied with your discovery request is that you received it. What more proof do you or they need?
    Quote Quoting Bruinblu
    View Post
    …can I ask the court to dismiss my case by arguing that I did not receive response to my request since there is no proof that I received discovery?
    You can ask, but it won't happen. If they fail to comply with your informal discovery request, your next option is to file a motion to compel the production of whatever you are asking for. Even if they fail to comply with this court order, normally the court won't dismiss the case; the court will simply not allow this evidence to be used at trial. This would make it much easier to win your case.
    *****
    I may not always be right, but I am never wrong.

  4. #4

    Default Re: Informal Discovery

    if CHP responds to my discovery request is CHP also required to file a proof of service with the court to prove they they responded to my informal discovery request?
    No. There's information online that says the defendant must file proof of service with the court but this is not true. Neither the defendant nor the prosecution (or in this case the CHP) is required to file proof of service with the court, although if a party asks the court to file they probably will. It is a good idea to have proof of service though as this helps to eliminate the "I didn't get it" argument.

    If they are required to file a proof of service but they fail to do so (no record found in the online case report) can I ask the court to dismiss my case by arguing that I did not receive response to my request since there is no proof that I received discovery?
    Besides the fact that they are not required to file proof of service, arguing that you did not receive discovery when you really did is a terrible idea. As stated by Jim, if they fail to respond the correct recourse would be to file a motion to compel and if they fail to abide by the motion to compel and the prosecution tries to use it at trial the evidence should be suppressed.

    That being said, the court does technically have the authority to suppress evidence even without a motion to compel. In some cases it may be possible to get real evidence suppressed even if no court order was given.

    1. Sponsored Links
       

Similar Threads

  1. Discovery: Informal Discovery Request Was Ignored
    By maxmayo123 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 02-01-2014, 05:11 PM
  2. Discovery: Informal Discovery and Appeal
    By Editor in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 06-16-2010, 06:01 PM
  3. Discovery: Informal Discovery Request
    By M3driver in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 12-31-2008, 08:58 PM
  4. Speeding Tickets: CHP Fee to Respond to Informal Discovery
    By Antonio in forum Moving Violations, Parking and Traffic Tickets
    Replies: 19
    Last Post: 11-24-2008, 04:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources