Need help: no informal discovery request was received

[geneneuro]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA

Is it true that the police department needs to honor and send you the informal discovery documents (court reports, notes on the back of the citation for the cop's copy) if you make a request by mail? I sent out a request a month ago to the main police department in my city (to prepare for a trial that will coming up soon), but there was a week lap before the office sent me back a letter saying I need to re-direct my request to another police office (the officer said the citation was by another officer hired in another instituion's police department). I then immediately forwarded the request by mail to the accordingly police department with certified mail along with signature receipt. However, it's been more than 7 business days now and I received nothing or hear anything from the police department, nor have the signature receipt was mailed back. However, under the USPS website it shows the letter has been received the next business day after I sent it out. What should I do? I really need help since my trial is coming up soon and it's almost been a month now since I started working on to request the informal discovery request.

[lwpat]

Ah yes, another one that thinks he knows how to dispute his traffic ticket in court but won't take the time and effort to learn the procedures.

The request needs to be sent to the department but also to the DA and for good measure to the city or county attorney. You cannot mail it yourself. You need a "Proof of Service" signed by someone else. You must also produce anything that you intend to use at trial and list any witnesses.

They have fifteen days to reply or you can file a motion for dismissal.

[CdwJava]

There are specific procedures that must be followed in Discovery. Check with your local court - they might have that information available to you.

An improper Discovery request can be ignored.

- carl

[lwpat]

An improper Discovery request can be ignored.

So can one that is properly filed. The judge can also not grant your motion for dismissal. Traffic court judges can pretty much do what they want.
You can always appeal but few bother over a traffic ticket.

[CdwJava]

Originally Posted by lwpat

So can one that is properly filed.

Okay ... an Improper request for Discovery can be LAWFULLY ignored.

- Carl

[lwpat]

Sorry Carl, not trying to be picky at you. Just letting the OP know what his chances are in court. Especially since his fount of knowledge is overflowing.

[MagicKristian]

Geneneuro --

I don't pretend to be any kind of expert on this issue re: discovery request, but know from experience that agencies will almost routinely ignore or mis-route such requests. The last time I actually brought an action myself, the judge refused to even let me look at all the material I had subpoenaed -- and paid for!! One good suggestion I can offer is to check out Katya Komisaruk's excellent website : lawcollective.org, called Just Cause by all its fans. You'll quickly see why when you get there, since she's a lawyer utterly committed to helping average people to keep from being steamrolled by the injustice system. Click on the site map and then scroll down to "Discovery requests"... Hope this helps.

LCH