If you need help with your Motion for Discovery traffic ticket, an attorney experienced in traffic ticket contesting motions can help you file and prepare the motion if you do not feel equipped to do it yourself.
Motion for Discovery
A Motion for discovery involves a defendant filing a Motion for Discovery with the court. In a Motion for Discovery you must justify the reasons you are making requests for information. The court will decide whether to allow or deny your request. The prosecutor in your case can object to your motion. A hearing to argue the Motion for Discovery will be set by the court if the prosecutor objects.
A Motion for discovery is different than a Request for Discovery because it is filed with the court instead of being given to the prosecution. Another way to obtain valuable information for your case is to ask the prosecution directly through a request. Discuss which is best with an attorney if you are uncertain.
You will need to know certain facts to help argue your case contesting a traffic ticket. Here is some information that is often sought during discovery:
- Contact information of witnesses.
- You can request documents relating to your case such as police reports and other evidence that the prosecution plans to use in prosecuting your case.
- Any other relevant evidence for your case.
Another term you may hear relating to discovery requests is the term interrogatory. This is also a way of asking for information from the other side. It is usually comprised of a series of questions. There are both form and special interrogatories.
The propriety of a particular motion or an interrogatory will depend on the procedural rules of the court under which your case will be reviewed. You will need to look at local court rules to find out which motions you need to file in your case. An attorney can also help you discern the appropriate papers to file and the time line for filing them.
Getting Legal Help
If you need help filing a Motion for Discovery, an attorney can assist you with preparing and filing the proper paperwork. Legal documents can be difficult to deal with if you do not understand all of the local procedural rules and laws. An attorney can make your life easier if you are trying to fight a ticket.
