Courts, Legal Basics

questions & answers

Question: how do i make a request for discovery for a traffic violation?

Answer:

The following information may help answer your question.  Note this information pertains only to Arizona civil traffic violations (i.e. "typical" traffic tickets - a citation is issued, a fine is assessed, and "jail time' is not an issue).

Rule 13 of the Arizona Rules of Procedure in Civil Traffic Violation Cases states as follows:

(a) No pre- hearing discovery shall be permitted absent extraordinary circumstances. (Emphasis added).

(b) Immediately prior to the hearing, both parties shall produce for inspection any pre-prepared exhibits and written or recorded statements of any witness. Failure to comply with this rule may result, in the court's discretion, in the sanction of granting a recess or continuance to permit such inspection or denying admission of the evidence not so exchanged.
(c) During the hearing, upon request of the defendant, the citing officer shall produce any notes made by the officer in reference to the civil traffic complaint. This rule shall not be construed to create a duty on the officer to maintain or preserve notes.