I am contesting a carpool violation citation. I submitted an informal request for discovery with the CHP and then filed my proof of service with the court.
My question is 2 part:
1. if CHP responds to my discovery request is CHP also required to file a proof of service with the court to prove they they responded to my informal discovery request? Or are they not required to file a proof of service at all? How do they prove that they responded?
2. If they are required to file a proof of service but they fail to do so (no record found in the online case report), can I ask the court to dismiss my case by arguing that i did not receive response to my request since there is no proof that I received discovery?
Thank you!
My question is 2 part:
1. if CHP responds to my discovery request is CHP also required to file a proof of service with the court to prove they they responded to my informal discovery request? Or are they not required to file a proof of service at all? How do they prove that they responded?
2. If they are required to file a proof of service but they fail to do so (no record found in the online case report), can I ask the court to dismiss my case by arguing that i did not receive response to my request since there is no proof that I received discovery?
Thank you!
