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  1. #1
    Join Date
    Oct 2008
    Posts
    7

    Default Trial By Declaration in California/Discovery questions... help needed ASAP!

    My question involves a speeding ticket from the State of: California

    Cited for VC 22350, 66 in a 50, Malibu Courthouse, Los Angeles DA

    What is the name of your state (only U.S. law)? California. Cited for VC 22350, 66 in a 50. Pulled over by CHP, on Kanan Rd, Los Angeles County. Malibu Courthouse.

    Sorry, I lost track of my last post (after the first response didn't think it'd be useful... ends up with a page and a half! going through it now but i figured I'd ask since I'm trying to get this discovery request out today).

    1. I'm making my discovery request today. I'm having a hell of a time getting the exact Los Angeles District Attorney office address for my purposes. I do have his HQ address, which I assume is it (or close):

    The Hon. Steve Cooley, District Attorney
    Los Angeles County
    210 West Temple St.
    Los Angeles, Ca 90012.

    I got this from the district attorney site. Is that good enough? Is it completely wrong? Does it need to be more specific (attn: someone, etc)? Shoudl I send the request to the courthouse in question instead/too?

    2. So long as the party isn't a witness or participant in the trial, they can sign my proof of service form right? Can my dad? I would think so, but he is a relative so...

    3. I had my court date last week (as you know if you read my other thread). I asked for traffic school, was shot down and assigned a court date. I want to, before the in person trial, attempt a Trial By Declaration. I called the Malibu courthouse and the lady told me I gave up that right by not asking for it in my first appearance in court.

    Is this true? Or do I just have to go there in person and be more persistent? Can I see the judge before my courtdate and ask that way?

    More questions to come, thanks a ton! I'm actually kind of excited to fight this in court, it sounds like my case is a textbook example of the ones on helpigotaticket.com...

    4. Also, I have a few items of 'evidence' i plan to use at trial...

    Things like weather reports the day in question, photos of road conditions, google maps, etc. Additionally, I have a witness I'm considering calling, since I was following her at the time and she can attest to my speed/driving at the time.

    I have been told I have to disclose this in my request for discovery. How do you do that? At the end of the discovery just make a quick list? Does it need to be more 'official' than that?

    Like I said, trying to get this discovery request right and get it out today. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trial By Declaration in California/Discovery questions... help needed ASAP!

    Quote Quoting SadbutTrue
    View Post
    1. I'm making my discovery request today. I'm having a hell of a time getting the exact Los Angeles District Attorney office address for my purposes.
    Use the address at the courthouse where this will be heard.
    Quote Quoting SadbutTrue
    2. So long as the party isn't a witness or participant in the trial, they can sign my proof of service form right? Can my dad? I would think so, but he is a relative so...
    Sure.
    Quote Quoting SadbutTrue
    3. I had my court date last week (as you know if you read my other thread). I asked for traffic school, was shot down and assigned a court date. I want to, before the in person trial, attempt a Trial By Declaration. I called the Malibu courthouse and the lady told me I gave up that right by not asking for it in my first appearance in court.
    I suspect she's wrong. Try asking a different clerk, or her supervisor. If all else fails, you can try bringing a motion before the court; I'd try to get a free consultation with a lawyer first, though, for a reality check based upon the full facts of your case.
    Quote Quoting SadbutTrue
    4. Also, I have a few items of 'evidence' i plan to use at trial...

    Things like weather reports the day in question, photos of road conditions, google maps, etc. Additionally, I have a witness I'm considering calling, since I was following her at the time and she can attest to my speed/driving at the time.
    You're going to have to disclose your witness list before trial, as well as your real evidence. Is there some reason you don't want the prosecutor to see your evidence?

  3. #3
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Trial By Declaration in California

    First of all... your Discovery Request is going to the DA. You only send a the original to the courthouse for their records. After all... you are asking the DA for discovery... NOT the court.

    Second... you do NOT have to disclose anything to the prosecution that they do not ask for. When is the last time you saw the prosecution supply you with unsolicited information???? Since there will be no prosecutor assigned to your case, no one will ask you. Just relax and stop reading so much into this process.....

  4. #4
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Trial By Declaration in California/Discovery questions... help needed ASAP!

    Quote Quoting Mr. Knowitall
    View Post
    Use the address at the courthouse where this will be heard.

    Sure.

    I suspect she's wrong. Try asking a different clerk, or her supervisor. If all else fails, you can try bringing a motion before the court; I'd try to get a free consultation with a lawyer first, though, for a reality check based upon the full facts of your case.

    You're going to have to disclose your witness list before trial, as well as your real evidence. Is there some reason you don't want the prosecutor to see your evidence?
    Nah, no reason, just didn't know the easiest way to list it all and figured it might be best not to give any more than you think necessary. None of its particularly incredible... just weather reports, pictures of the scene, etc... stuff that proves the conditions were good.

    How do you 'bring a motion before the court'? Do you mean once my courtdate actually happens? I'd think you would want to do it beforehand but want to make sure.

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