This is what a motion for discovery looks like
I finished writing up my first of 3 motions today. For your consideration and should you ever need one, this is what a motion for discovery looks like. It's a very standard document and you should be able to use it in whatever jurisdiction you are in with slight modifications. When in doubt, visit the court and they should legally have to provide you with sample filings of whatever it is you want to file:
IN THE MUNICIPLE COURT OF (Whatever county/jurisdiction you are in)
(City), (State)
(Insert Plaintiff name)
Plaintiff,
vs.
(Insert Defendant name)
Defendant
Case number: (Insert case number)
MOTION FOR DISCOVERY
NOW COMES the Defendant, (insert defendant name) pro se, and for his Motion for Discovery, hereby states as follows:
1. That on 10/31/2001 Defendant was served with a complaint at law and summons.
2. That (Insert name of defendant) is the named defendant herein.
3. That THE OFFICER is the (insert state name) State Highway Patrol Officer who issued the complaint to which this motion applies.
4. That in order to properly answer said allegations to the Complaint at Law, Defendant is in need of obtaining discovery in this matter, including, but not limited to the following items:
A) FCC Public Safety Radio Services (or Radar) License;
B) The following Radar documents:
1. Make, model, serial number, options, age;
2. Manufacturer certificate of calibration;
3. Operator manual and specifications;
4. All calibration log sheets produced between the dates 10/31/2010 and 10/31/2011 inclusive (date, due, lab);
5. All maintenance and/or repair history documents of the radar device;
6. The speedometer deviation records for the vehicle the officer was driving when he issued the complaint to which this motion applies.
C) The following Tuning Fork documents:
1. Specifications (band, speed, resonance, resonance tolerance);
2. Calibration log sheets produced between the dates 10/31/2010 and 10/31/2011 inclusive (date, due, lab).
D) The following officer training/qualification documents:
1. Certificate of competency;
2. Training material;
3. Officer training records including dates, location, and instructor name and address;
4. Date that the officer first used the radar device;
5. Information relating to the educational background of the officer, particularly education designed to impart the requisite skill necessary to properly make detailed measurements based solely upon visual observations.
E) All policies pertaining to Radar use.
F) All officer notes, police reports, memorandum, flash messages, supplemental reports, incident reports, and all documents regarding the case to which this motion applies.
G) A detailed map of the enforcement jurisdiction of the officer.
H) The citation issuance policies presiding over the officer.
I) Demographics of the people stopped and cited by the officer during the past twelve months, including, but not limited to, race, ethnicity, age, gender, and type of car being driven by the person stopped.
J) All other relevant evidence regarding the officer's ability to make sound judgments, including non prescription and prescription drug use (regardless of whether under the care of a qualified physician) such as:
1. Stimulant/Attention Deficit Hyperactivity Disorder/Narcolepsy/Sleep Shift Work Disorder medication such as Adderall, Ritalin, or Provigil;
2. Allergy medication such as Benadryl, Atarax, or Zyrtec
3. Cough/cold medications such as Dextromethorphan or NyQuil;
4. Diarrhea medications such as Loperamide;
5. Narcotic painkiller medications such as Vicodin, Percocet, Dilaudid, or Morphine;
6. Hypnotic medications (sleeping pills) such as Ambien or Lunesta;
7. Antidepressant medications such as Prosac, Lexapro, Trazadone, or Remeron;
8. Anxiolytic medications (anti-anxiety) such as Xanax, Ativan, or Klonopin;
9. Muscle relaxants such as Soma or Flexeril;
10. Anti-emetic medication (anti-nausea) such as Phenergan or Zofran;
11. Alcohol;
12. Any schedule I drug;
13. Any herbal/alternative medicine products such as Valerian root or passion flower;
14. Any other potentially mind altering/impairing product.
K) Any medical diagnosis's of the officer that would influence his ability to exercise reasonable judgment including but not limited to any sleep, personality, anxiety, neurological, or behavioral disorders, depression, or chronic pain.
L) L) Any extenuating circumstances affecting the officer that may have impaired his ability to exercise reasonable judgment including but not limited to any familial, job, medical, related problem or any other problem/circumstance.
M) Any accusations of misconduct of the officer.
N) All other relevant evidence regarding the summons and complaint.
5. That the discovery requested is crucial to the defendant's defense in this matter.
WHEREFORE, Defendant, (insert name of defendant) respectfully requests this Honorable Court to grant Defendant's request for Discovery, including the reports from the (insert state name, if applicable) STATE HIGHWAY PATROL.
Respectfully submitted,
By:___________________________ (your signature goes here)
(insert name of defendant), pro se
(Insert address and telephone number of defendant)
That's it guys. I'll be writing the motion to set for pretrial and waiver of a speedy trial later this week. I'll also write about any objections I face with discovery, how to deal with them, and if necessary, how to depose and cross examine the police officer if the clerk of courts and other ancillary staff are not cooperative with my discovery motion. This could all be a very valuable resource for someone.
