How Do I File Discovery In Washington State's King County District Court?

[Gambit23]

I believe I was wrongfully ticketed and have returned my ticket with a request for a court appearance to contest the infraction.

In order to prepare my defense I need to know how to file for discovery of the evidence against me. If anyone knows of a form or template that I could overight my details on that would be ideal, but I'm willing to go write up the request myself as well.

Any thoughts?

[blewis]

If you are going to contest your ticket, you will need to become familiar with the Infraction Rules for Courts of Limited Jurisdiction (IRLJ's). You can find them here.

Discovery is governed by IRLJ 3.1(b) which states:

(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 plaintiff's lawyer shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with a copy of the citing officer's sworn statement and with the names of any witnesses not identified in the citing officer's sworn statement. If the prosecuting authority provides the citing officer's sworn statement less than 7 days before the hearing but not later than one day before the hearing, the citing officer's sworn statement 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 the citing officer's sworn statement, the statement shall be suppressed. No other discovery shall be required. 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.

A couple things to note. You are only entitled to a copy of the officer's sworn statement and a list of witnesses the prosecutor plans to call. You must also "serve" your request on the prosecutor's office and "file" a copy with the court. If you need a form, I can send you one. Just PM me with your email address.

Barry

[Gambit23]

Thanks for the link! I've also sent you a PM with my email, if you could send the form that would be helpful.

Also, if you don't mind giving me a little more advice perhaps you could help me with some pointers on how best to present my argument?

My intent is to request the officer's statement as well as the SMD log/calibration/certifications. I was tagged at an alleged rate of speed that is much higher than I was actually traveling and believe this was due to a either a sweep effect error if he used LIDAR or a mass differential error if he used radar (there was a much larger truck in front of me and we were traveling on a curve).

I know that I have very little chance of arguing against the SMD based on the accounts of other people arguing their speed against SMDs in a similar fashion, but I still think I need to at least try and explain that it was physically impossible for me to be accurately tagged given the variables on hand and as such I was victimized by errors known and inherint to SMD useage. I'm planning to subpoena the ticketing officer and the officer driving the cruiser to question the use of the SMD but need to know the distance his vehicle was from mine, the length of the LIDAR tag and how fast his crusier was traveling at the time to bring together all the physical variables.

Since you said I'm only entitled to his sworn statement can I actually get all of this? If not, how can I possibly argue against an SMD?

Thanks again,

Brad

[blewis]

I sent you the Discovery Request form. Check you email. Call the Clerk of the Court to find out the address for the prosecutor. You must "serve" the prosecutor and "file" a copy of the Request with the court. There's more information in this post.

As far as your other concerns, if LIDAR was used, all the information about distance will be in the officers' statements. Oh, and LIDAR MUST BE STATIONARY! So, if the cruiser was moving, then it was a moving RADAR. In either case, you'll know when the discovery materials arrive.

Just for your information -- I have NEVER seen anyone win if the officer(s) shows up for the hearing. I've watched about a dozen cases, and the defendant has lost EVERY time. Nor have I even heard of a case where the defendant has won when the officer shows -- at least in King County.

In my own case a few years ago, I subpoenaed the officer who did, indeed, show up. I eventually won on appeal (on a technicality), but lost at the hearing level.

Now, if you subpoena the officer and he/she does not show up -- you win. And in your case BOTH would have to show up, which is a little less probable. But, be prepared to sit in court ALL DAY waiting for the officer to show.

Most cases that I've seen won (about 40% when the officer is not subpoenaed) are because the officer's sworn statement is deficient in some way. For example, the officer fails to specify where he/she was when the target vehicle was "clocked". Or fails to note a "visual estimate" of the speed.

So, if it were me, I'd wait until the discovery info arrives BEFORE deciding to subpoena the officers. See what the evidence looks like WITHOUT their presence in court -- then decide. Also, be sure and check the "filing" date on the court copy. It must be within 5 days of the infraction (not including weekends or holidays) or you can move for dismissal under IRLJ 2.2(d).

Good luck,
Barry

[drew_sal]

Blewis I was wondering if you could email me a copy of the discovery request form. Thanks
Drewsall@gmail.com

[blewis]

It's posted here. Just click "Free User", then click the "Download" button.

Barry

[aaryn]

I found this post VERY helpful and even DLed the template myself!

Im being sued by a collection agency and I was wondering is anyone had suggestions as to what to ask for in discovery and what to site when asking (example : "Pursuant to IRLJ 3.1(b)"). I am in King County, WASHINGTON

I hope this isnt a loaded question! ANY help would be appreciated!

[blewis]

The Discovery Request I posted is ONLY to traffic infractions (the IRLJ's are "Infraction Rules for Courts of Limited Jurisdiction and are NOT concerned with law suits) -- it has absolutely NOTHING to do with tort actions. You would be well advised to consult an attorney. Unless you're talking about Small Claims Court, you're probably going to need one.

Barry