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wallstreetesq
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17080
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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How to word a discovery request in municipal court for a traffic violation

Customer Question

Was stoped for careless driving, when I was not . I want to file a discovery request rule 7:7-7 inclusive of any dispatch recordings and police car survalance recourdings. but don't know how to word it. I will be sending a copy to the local proscuter as well as the local police department records department & the municipal court clerk.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 7 years ago.
http://www.judiciary.state.nj.us/forms.htm

Goto the above website it is the NJ COURT WEBSITE THEY HAVE THE FORMS NEEDED FOR OBTAINING RECORDS AND DOCUMENTS.

The subpeona is what you may want to look at
Customer: replied 7 years ago.

 

I already know about that web site. But I am having trouble finding what section to look at to find the proper documents. Can you help me narrow it down or am I going to have to go on another Easter Egg Hunt? If you can give me the exact location of the documents that I need I will be satisfied and accept your advice. If you can not do this then I am sorry that both of our time was wasted, However I am willing to give you some reasonable compensation for your time, I am not out to rip anyone off however I expected a little more advise and direction, than what I already knew. Thanks

Expert:  wallstreetesq replied 7 years ago.
Pursuant the NJ RULES YOU WILL BE FINE IF YOU FOLLOW THIS :

The Request for Discovery should include:

1. the name of the court where the trial will be held,
2.The people/State of --------- vs(name of cited driver)defendant
3. Court Docket#, Citation#,Date issued,Name & badge # XXXXX citing officer.
4. Prosecutor of (City)
5. The driver states what copies of items he is requesting the citing officer to provide.
6.The defendant gives the name and address of any witnesses that will testify at trial if any.
7.Copies of NOTES, if any that the driver made IMMEDIATELY after the ticket was issued.

The driver then dates his request ,signs it, prints his name followed by his address and telephone number.

Next, the driver makes two copies, one for the citing officer, one for the Municipal Prosecutor. He gives the copies to a friendwho puts each copy into an envelope which he mails certified, return receipt and signs a proof of mailing for both items which he gives to the driver.


Under the Court Rules, discovery should be supplied within twenty 20) days .(Other website)