millerlite
Junior Member
What is the name of your state (only U.S. law)? Hawaii
Speeding citation - Judgment for the State in my TBD - requested Trial de novo (granted)- requested discovery for the pertinent and usual information from the DA - received a letter stating:
"I am in receipt of your request for discovery and hereby advise that although the rules of penal procedure do not require discovery in violation cases, the office of the prosecutor does routinely provide some information, as follows".
The only info I received was a copy of the front and back of my citation (which was one of the items requested). Other requested items had a note the stated: "Not being provided at this time in the absence of a motion and order to compel".
When I picked up discovery item from the DA's assistant, included was a request from the state for discovery from me. It referenced Rule 16 of the Hawaii Rules of Penal Procedure. Is it unethical/devious/a violation/whatever for them to advise me that discovery is not required but to ask for the same?
Question is, can I make that motion verbally at my trial (28 Sept) to the Judge or should I draft a compel motion and submit it to the court clerk asap.
Speeding citation - Judgment for the State in my TBD - requested Trial de novo (granted)- requested discovery for the pertinent and usual information from the DA - received a letter stating:
"I am in receipt of your request for discovery and hereby advise that although the rules of penal procedure do not require discovery in violation cases, the office of the prosecutor does routinely provide some information, as follows".
The only info I received was a copy of the front and back of my citation (which was one of the items requested). Other requested items had a note the stated: "Not being provided at this time in the absence of a motion and order to compel".
When I picked up discovery item from the DA's assistant, included was a request from the state for discovery from me. It referenced Rule 16 of the Hawaii Rules of Penal Procedure. Is it unethical/devious/a violation/whatever for them to advise me that discovery is not required but to ask for the same?
Question is, can I make that motion verbally at my trial (28 Sept) to the Judge or should I draft a compel motion and submit it to the court clerk asap.
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