Hopefully, you've waited 15-20 days and NOT gotten any evidence from the prosecution. You will want to file a motion to exclude the evidence and testimony you requested in discovery, but did not get. At this point you can either file your motion immediately, or wait till you are a bit closer to your TBD date and file it. I can't say what's best for you, but here are some things to think about. First, if your court is unlikely to hear your motion, then filing it sooner allows you to say that you've done everything in your power and if the courts procrastinate, then they must exclude the evidence during trial. On the otherhand, filing too early may give the court time to order the prosecution to provide you with the requested evidence in a timely manner.
Now suppose you were able to submit your motion, and a judge is willing to hear and decide on it. If the judge says that he can only order the prosecution to pony up the evidence, remind him of your TBD date and the timely requirement for discovery. At that time the judge may tell you that you should ask for a continuance (ie an extension), but you should kindly remind him of your rights to a speedy trial. If he says you must pick either timely evidence or a speedy trial, tell him you are guarunteed both under the constitution, and that the evidence should be rejected if it cannot be produced in time. If on the other hand, the judge says that you forfeited your right to a speedy trial when you requested a TBD, kindly remind him that VC 40519(b) only applies to people who entered a written non-guilty plea and since you plead not-guilty in court, you still have the right to a speedy trial.
Writing your motion
My motion is very specific to my case, so I won't be sharing it, but here are some tips on what to include in it:
- Structure your motion into five sections: What you want, Relevant Facts, What the Law says, Your legal argument, and your conclusion (which reiterates what you want).
- Use PC 1054.5(c) in your Law section as the basis of excluding testimony. You may also use other parts of PC 1054 to support your motion also.
- Ensure that you legal argument is sound and makes use of the laws you stated.
- Include copies of all the documents proving that you sent the discovery request and that it was received by someone there. These should be labeled Exhibit A, B, C,...
- Make sure your argument is striving towards a legitimate reason why evidence or testimony should be deemed inadmissible.
- Include a statement at the end saying in effect that you swear this is the truth under penalty of perjury.
Submitting your motion
I'll be honest, in that I don't really know what's the best way to submit my motion, since event the court clerk didn't know. I would suggest that you call the courts and find out. If they tell you to go to walk-in-court get them to tell you how to get an appointment or if there are special days where more cases are heard. You can also try going to the booth where you're suppose to pay your traffic fines and asking them to attach a motion to your case, but i'm not sure that counts as having your motion submitted to the courts.
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