• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Informal discovery request

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bruinblu

New member
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!
 


Sponsored Ad

Top