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  1. #1

    Default Denied Request For Discovery, FOIA Issue

    I was given a ticket on Oct. 24 for going 67 in a 55. I was clocked by radar by a Louisiana Highway Patrolman. My court date is Jan. 14.

    On Dec. 29, 2007, I filed a Request for Discovery with the the DA's office at Morehouse Parish. I asked for a copy of the front and back of the ticket, a copy of the officer's log book for Oct. 24, a description of the radar equipment used and the officer's certification records on that device. I received a letter back from the DA on Jan. 4, stating that they did not have access to anything but the ticket. They sent me a copy of the ticket and said to contact the Louisiana State Police for the other parts of the request.

    When I contacted the State Police, they first told me that I needed a lawyer, then put a sargent on the phone. He told me that the three items that I was looking for could be obtained by subpoena through their legal department.

    Does this violate the FOIA? Have I been given the run around or should I have subpoenaed the records from the state legal department?

    It seems that if the DA from the Parish were I have been convicted cannot produce any evidence against me besides the ticket then they don't have a case. A little guidance would be very helpful.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Denied Request For Discovery, FOIA Issue?

    A discovery request is not a FOIA request, and thus doesn't trigger FOIA laws or penalties.

  3. #3

    Default Louisiana Request For Discover Question

    I was given a ticket on Oct. 24 for going 67 in a 55. I was clocked by radar by a Louisiana Highway Patrolman. My court date is Jan. 14.

    On Dec. 29, 2007, I filed a Request for Discovery with the the DA's office at Morehouse Parish. I asked for a copy of the front and back of the ticket, a copy of the officer's log book for Oct. 24, a description of the radar equipment used and the officer's certification records on that device. I received a letter back from the DA on Jan. 4, stating that they did not have access to anything but the ticket. They sent me a copy of the ticket and said to contact the Louisiana State Police for the other parts of the request.

    When I contacted the State Police, they first told me that I needed a lawyer, then put a sargent on the phone. He told me that the three items that I was looking for could be obtained by subpoena through their legal department.

    According to Federal Rules of Civil Procedure, Rule 26:
    “Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonpriviledged matter that is relevant to any party's claim or defense. There are stipulations to this law but my request does not fall under any of these stipulations.”
    Are the state police in Louisiana so priveleged as to not provide my request without a subpoena?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Louisiana Request For Discover Question

    The Federal Rules of Civil Procedure do not govern actions in a Louisiana state court. You need to look at Louisiana's rules.

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