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  1. #1
    Join Date
    Nov 2008
    Posts
    7

    Default Discovery Request Ignored

    My question involves traffic court in the State of: California, barstow, san bernardino county.

    So I requested discovery on 12/29/08 with a court date of 1/29/09 and as of today have not received any response back.

    I sort of screwed up by not following the directions on the helpigotaticket.com site fully, as I did not fill out the cover letter, and I did not send a copy of the service with the request for discovery form. (but I think the main form is enough to at least get a letter back that I did something wrong, like I did 3 months prior when I only sent the request to the clerk and not the DA.)

    I only filled out the discovery request form, and had my mom mail a copy to the DA with a return reciept (which I got back), as well as mail a copy to the Court House where the trial is attention traffic court clerk. I do have the signed proof of service on my person that i can show in court however, I just didn't file it. It states that a copy was sent to the DA and the Court.

    Now the court date is Thursday, and the website doesn't really talk about filing motions when the discovery request is ignored.

    Since I live 2 hours away form Barstow in Vegas, I certainly don't want to have a separate motion hearing (and since my trial is in 2 days, it couldn't be scheduled anyways)

    So after all that blabber, what forms can I have filled out and what can I do just before the start of my trial.

    Also, where can I find an online form to strke the judge if I so choose (assuming it is the same one who decided my TBWD), and a form to file or present a motion for dismissal, delay, or forced discovery fulfillment.

    Any help or suggestions would be greatly appreciated.

    Thanks
    MK

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Discovery Request Ignored, Court Date 1/29

    Is the 29th your trial date or your arraignment date?

    If it is your trial date, you should just go in and act as if you filed your discovery properly. If the judge calls you on it... you'll just have to suck it up. If not, you can't ask for a dismissal... but you can ask that any information you asked for should not be admissable. This would likely include the officer's testimony since it is probably based on notes that you likely asked for.

  3. #3
    Join Date
    Nov 2008
    Posts
    7

    Default Re: Discovery Request Ignored, Court Date 1/29

    It is trial as I already did Trial by declaration.

    Also, I never said that I didn't do the discovery request properly, I just said that I did not follow exactly what the helpigotaticket.com site said, under the impression that it is just more thorough.

    mK

  4. #4
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Discovery Request Ignored, Court Date 1/29

    Not filing a proof of service IS doing the discovery request improperly. It is possible that the court may not even recognize it. Like I said... just proceed as if it is proper and cross your fingers.

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