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  1. #1

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    What's a "Motion For Discovery" look like?

    Good afternoon. I am trying to fight a Massachusetts speeding ticket that I know is false and I have heard that it is my right to ask for all evidence related to the case (i.e: the officer's paperwork, notes, video from the cruiser, etc...). To get this information I have learned that I need to file a Motion For Discovery. But I'm not a lawyer and I cannot find any resources that show me what a "Motion For Discovery" looks like. Is it a form? Is it a letter? I have know idea. Can anyone provide an example of this form/letter or a link to such information. Thanks.


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    (Cause No.)

    THE STATE OF TEXAS § IN THE COUNTY CRIMINAL
    §
    VS. § COURT NO OF
    §
    (DEFENDANT'S NAME) § DALLAS COUNTY, TEXAS


    MOTION FOR DISCOVERY


    TO THE HONORABLE JUDGE OF SAID COURT:

    NOW COMES the Defendant, (Defendant's Name), and moves the Court, under the authority of Art. 39.l4, Tex. Code Crim. Proc. Ann., for discovery and inspection of the following items:
    I.
    Defendant moves the Court to order the District Attorney to produce and permit by the Defendant or Defendant's counsel the inspection of and the copying and/or photographing of the following:

    1. Photographs of the injured party.

    2. Names and addresses of the eyewitnesses to the incident.

    3. Medical records evidencing the claimed injury to the child.

    II.
    In support of this Motion, the Defendant would show that the items and information requested are within the exclusive control and custody of the State, the items are not privileged, and that, absent such discovery, the Defendant's rights under Art. 39.l4, Tex. Code Crim. Proc. Ann., Art. l, Sec. l0 of the Texas Constitution, and the Fourth, Fifth and Sixth Amendments of the United States Constitution, will be violated.
    WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant this Motion for discovery and inspection.










    Respectfully submitted,



    ____________________________________
    (Attorney Name, Address, Bar Card No.)

    ATTORNEY FOR DEFENDANT (Name)



    CERTIFICATE OF SERVICE


    I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Discovery was forwarded to Mr. Bill Hill, Dallas County District Attorney. on this the ________ day of , 200 .



    ____________________________________
    (Attorney's Name)



    O R D E R


    ON THIS the _______ day of , 200 , came on to be heard the foregoing Motion for Discovery, and same is hereby GRANTED/DENIED, to which action Defendant excepted.




    ____________________________________
    J U D G E

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    That's a poor example. Got to your states law library and see if they have a forms packet you can download. You may need to file more than just the motion.

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    Thanks Scooterdog. I see that your form lists each item requested (i.e: Medical records or photographs of the injured party). What should I request?

    Police forms? (is there one?)
    Personal notes made by the officer? (do they save them?)
    Video footage?(do all police cruisers have them?)
    Audio recordings? (Are the police miked?)

    I just don't know what to ask for and I'm afraid that if I don't ask for everything specifically then they won't produce it because it might be something that would exonerate me.

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    Ask for things like cops notes, witness's statements, ALL evidence they plan to use against you.

    I guess I don't know what you need/want to get. Ask for all of it.

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    Quote Originally Posted by Scooterdog View Post
    I guess I don't know what you need/want to get.
    That's understandable since I have to admit that I don't know what I need/want to get either.

    I want all of it. Everything they have on record regarding the traffic stop. I just don't know what that is because I don't know what a police department's require their officers to save.

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    Quote Originally Posted by LegallyConfused View Post
    That's understandable since I have to admit that I don't know what I need/want to get either.

    I want all of it. Everything they have on record regarding the traffic stop. I just don't know what that is because I don't know what a police department's require their officers to save.

    PM your email. I will get you a book out on court room objections, which I think you will need. You can probably beat their ass's on objections alone.

    I will also get you generic "travel" papers, which you and over to the bully in blue, end of case, unless it's murder.

    You can use the motion to dismiss, if you place your states statutes and constitution in it. They won't respond, it will be dismissed.

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    The court clerk has the correct forms. Ask the court clerck.

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    Quote Originally Posted by Green Hornet View Post
    The court clerk has the correct forms. Ask the court clerck.
    You yourself have to know what form you need, a court clerk CAN NOT supply you with forms if you don't know what you need. In other words, the lowly clerk can not, say/do/"this is the form you need/ or / I think this is the form you need." They can not recomend anything to you. They can provide the forms you ask for, that is all.

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    Quote Originally Posted by Scooterdog View Post
    You yourself have to know what form you need, a court clerk CAN NOT supply you with forms if you don't know what you need. In other words, the lowly clerk can not, say/do/"this is the form you need/ or / I think this is the form you need." They can not recomend anything to you. They can provide the forms you ask for, that is all.
    Trust me a court clerk knows what a MOTION FOR DISCOVERY is. Your correct "They can provide the forms you ask for"

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    Quote Originally Posted by Green Hornet View Post
    Trust me a court clerk knows what a MOTION FOR DISCOVERY is. Your correct "They can provide the forms you ask for"
    Green hornet, I come off harsh, so don't take this wrong.

    I disagree that a law clerk can "provide" a form for you. They have no legal authority whatsoever, to determine what form you MAY need. If you ask for a specific form, yes, they can drum one up.

    You asked about practicing law without a license, same applies here. As a matter of fact, they post in (state court) a list of rules, and that is one they cannot do in Montana. Their job is to stamp and file, that's it.

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    Of course you have to know what form you need ! The poster already does know that. You are mixing two different threads the clerk is paid to give the paid to give the proper form.
    The clerk does not fill out the form.The clerk can not say what to put in the blanks.

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    Well. I called the local court and asked if the Motion For Dscovery form was available online. Apparently it isn't

    The clerk offered to mail it to me but she also explained that I need to have enough time to not only return the request to the courts but to then schedule a hearing so that the court can evaluate my request. That part seems kind of ridiculous to me. Why do I need them to decide whether or not my request is valid? Isn't it my constitutional right to have copies of all evidence that can be used against me before trial? They shouldn't get to decide "if" I have that right.

    Not to mention, the "justice hearing" (the trial date) as she called it is scheduled for early January. I mentioned to her that I was worried that there wouldn't be enough time before the justice hearing after I got the form, filled it out, returned it, scheduled a hearing to review it and then had the hearing.

    She was, like, "Welllll, maybe in that case you'll just have to push out the justice hearing a little." She was very laid-back about this. But I've got a bad feeling that it's not that easy to reschedule these things. It's my impression that the courts just want to get these thing over and done with as soon as possible so that they can collect their ill-gotten loot. I don't imagine that they are willing to reschedule traffic court dates for anything less then a death in the family.

    Am I being too cynical here or are my rights to a fair trial being quickly over-run by the courts craving for a speedy trial?

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    Do you have to file a brief with that? An affidavit? That's why I said to avoid a dirt bag clerk, becuase if these things are needed, and you don't file them, your sol, and it ain't the clerks fault.

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    That's why I said to avoid a dirt bag clerk, becuase if these things are needed, and you don't file them, your sol, and it ain't the clerks fault
    I don't know what the beef is with court clerks.I have a suspicion you have not interacted with enough of them to make that statement. Below is a standard description of the duty of a court clerk.
    Job Description for Court Clerk:
    Responsible for clerical and administrative duties in a court of law. Maintains a docket of filing and hearing dates to ensure deadlines are met. Arranges and records payments of fees and fines. Assembles documents and materials for court proceedings. Follows organization and departmental procedures to complete tasks in a timely manner. Requires a high school diploma or its equivalent with 0-3 years of experience in the field or in a related area. Has knowledge of commonly-used concepts, practices and procedures within a particular field. Relies on instructions and pre-established guidelines to perform the functions of the job. Works under immediate supervision.

    Most of the ones I have dealt with are very helpful especially to those that are unfamiliar with the proper filing method.

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