How do I amend a motion?

[peteyd]

In Ohio, City of Akron, for a ticket issued by the State Highway Patrol.

I filed a motion requesting interrogatories and also documents and things. Today was after the date on which the answers should have been submitted to me. In making a good faith attempt to get these answers I called the prosecutor and the OSP. The prosecutor pointed out that I cited the civil rule instead of the criminal rule and therefor was owed no reply. Although he did not avoid replying because of this, he simply noticed it during my call to him.

So, my Q is how might I amend the motion.... if that is at all possible.

Furthermore, the initial request for discovery must be made within 21 days of arraignment and at least 7 days prior to trial, whichever is sooner. Do I have to worry that because my original motion was incorrect that I no longer have the right to discovery?

The prosecutor also made a comment about interrogatories not being allowed for. Is that correct or is it a matter of verbiage?... maybe I simply misunderstood him.

Thanks to all who can help. I am new here but have been doing my own (pro se) legal work for awhile with pretty good success. This is my first time fighting a speeding ticket.

[You Are Guilty]

Originally Posted by peteyd

In Ohio, City of Akron, for a ticket issued by the State Highway Patrol.

I filed a motion requesting interrogatories and also documents and things. Today was after the date on which the answers should have been submitted to me. In making a good faith attempt to get these answers I called the prosecutor and the OSP. The prosecutor pointed out that I cited the civil rule instead of the criminal rule and therefor was owed no reply. Although he did not avoid replying because of this, he simply noticed it during my call to him.

So, my Q is how might I amend the motion.... if that is at all possible.

Furthermore, the initial request for discovery must be made within 21 days of arraignment and at least 7 days prior to trial, whichever is sooner. Do I have to worry that because my original motion was incorrect that I no longer have the right to discovery?

The prosecutor also made a comment about interrogatories not being allowed for. Is that correct or is it a matter of verbiage?... maybe I simply misunderstood him.

Thanks to all who can help. I am new here but have been doing my own (pro se) legal work for awhile with pretty good success. This is my first time fighting a speeding ticket.

Are rogs permitted under both the civil and criminal codes? If so, the pleading defect is trivial and not likely to be valid grounds upon which the prosecutor can ignore them. On the other hand, if the criminal code doesn't allow for rogs to be served, then you are up a certain creek without a paddle.

And you generally don't get to "amend" motions, ever. You can amend the notice of a motion, but if you want to change the motion itself, it generally has to go in as a separate motion. But this is going to be very Ohio-specific and since I am not personally familiar with the Civil and Criminal Procedure code for Ohio, you are going to have to do some of your own research here.

Good luck.

[peteyd]

thanks for the info.

I was hoping that triviality might be my savior.

I also had enough requests for documents and things to cover myself even if the rogs get tossed out. I spoke to the OSP and was told by the OIC that he recalls the officer getting all the requested info together.

However, I haven't received it yet nor have I gotten a return call to sort out where the stuff is.