My question involves traffic court in the State of: Washington
I got a ticket in Pasco, Washington a while ago, I followed Barry's guide and submitted for discovery with about 16 days until trial (via registered mail since I live in a different city).
I have two relevant questions:
1) When they say discovery must be returned 7 days before trial, and the trial is on April 13th, does that mean I should receive discovery on or before April 6th or April 7th (aka 7 days including trial day)?
2) If by chance they do not send the discovery within the 7 day time frame, I'm wondering how best to show prejudice. From searching the forum it seems like a hard argument to make. I live across the state going to college so I was wondering about the following idea: I would schedule a consult with a lawyer in Pasco on the day that the discovery is due to me by. If they do not return the discovery by that date, I can use the proof of my scheduled consultation to show that not receiving the discovery hurt my case, e.g. "as a phd student it is very difficult to drive across the state, I scheduled a consult with a lawyer to go over the discovery materials however I did not receive them by the stipulated time frame and thus had to cancel my consultation"
What do you guys think? Shaky?
I got a ticket in Pasco, Washington a while ago, I followed Barry's guide and submitted for discovery with about 16 days until trial (via registered mail since I live in a different city).
I have two relevant questions:
1) When they say discovery must be returned 7 days before trial, and the trial is on April 13th, does that mean I should receive discovery on or before April 6th or April 7th (aka 7 days including trial day)?
2) If by chance they do not send the discovery within the 7 day time frame, I'm wondering how best to show prejudice. From searching the forum it seems like a hard argument to make. I live across the state going to college so I was wondering about the following idea: I would schedule a consult with a lawyer in Pasco on the day that the discovery is due to me by. If they do not return the discovery by that date, I can use the proof of my scheduled consultation to show that not receiving the discovery hurt my case, e.g. "as a phd student it is very difficult to drive across the state, I scheduled a consult with a lawyer to go over the discovery materials however I did not receive them by the stipulated time frame and thus had to cancel my consultation"
What do you guys think? Shaky?
Motions: Wa State: Demonstrating Prejudice for Late Discovery
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