Motion for Discovery



MOUNTAIN VIEW MUNICIPAL COURT,

COUNTY OF JEFFERSON,

STATE OF COLORADO

4176 Benton Street

Mountain View, Colorado 80212

Plaintiff:

  TOWN OF MOUNTAIN VIEW, COLORADO

v.

Defendant:    

   

John Q. Public, an individual 

    

Party Without Attorney:                     

John Q. Public

345 Stonecave Road, Bedrock, CO 12345

Telephone: (123) 456-7890                                          

                              |

_▲ COURT USE ONLY ▲_

Case No. 123456 | |

|Defendant’s Motion for Discovery | |

Pursuant to Colorado Municipal Court Rules of Procedure, Rule 216, I, John Q. Public, do hereby request Discovery of the following information, in the matter of case No. 123456. Upon information and belief, I aver that all requests made herein are relevant and material to the present case:

1. Log book of the Officer Number 1234, Jones', for May 5, 2005;

2. A front and back copy of summons and complaint number “12345”, as written by Officer Number 1234, Jones', on May 5, 2005;

3. A detailed map of the Mountain View Police Department’s enforcement jurisdictional coverage;

4. Any instances where the Mountain View Police Department was accused of issuing a citation outside of the Mountain View Police Department’s enforcement jurisdiction;

5. The Mountain View Police Department’s citation issuance policies in effect on May 5, 2005;

6. Manufacturer of the speed measurement device used by Officer Number 1234, Jones', to measure the speed of the vehicle referenced in summons and complaint number 12345 of May 5, 2005;

7. Model number of the speed measurement device described in paragraph 6;

8. Date of purchase of the speed measurement device described in paragraph 6;

9. Serial number of the speed measurement device described in paragraph 6;

10. A detailed list of any optional features present in the speed measurement device described in paragraph 6;

11. Instruction manual and technical specifications provided with the speed measurement device described in paragraph 6;

12. Training manual provided with the speed measurement device described in paragraph 6;

13. Calibration test results for the speed measurement device described in paragraph 6, for the period from December 5, 2004 to June 5, 2005;

14. All maintenance and repair records regarding the speed measurement device described in paragraph 6;

15. Failure and error rates of the speed measurement device described in paragraph 6;

16. Training received by Officer 1234, Jones', regarding the use of the speed measurement device described in paragraph 6; including dates, location, and instructor’s name and address;

17. Training materials used by the officer in conjunction with the training described in paragraph 16;

18. Date that Officer Number 1234, Jones', first used the speed measurement device described in paragraph 6;

19. The Mountain View Police Department policies in effect on May 5, 2005 relating to the use of a speed measurement device of the type of that described in paragraph 6;

20. If the speed measurement device described in paragraph 6 uses radar to measure speed, the FCC Public Safety Radio Services license associated with the device described in paragraph 6;

21. If the speed measurement device described in paragraph 6 uses radar to measure speed, the tuning fork calibration records associated with the tuning fork used to calibrate the speed measurement device described in paragraph 6 for the period from December 5, 2003 to June 5, 2005;

22. If the speed measurement device described in paragraph 6 uses radar to measure speed, the tuning fork instruction manual and technical specifications relating to the tuning fork described in paragraph 21;

23. If the speed measurement device described in paragraph 6 uses radar to measure speed, the maintenance records for the tuning fork described in paragraph 21 for the period from December 5, 2004 to June 5, 2005;

24. If the speed measurement device described in paragraph 6 has a provision for a battery, battery replacement records for the speed measurement device described in paragraph 6, for the period from December 5, 2004, to June 5, 2005;

25. Speedometer deviation records for the vehicle driven by Officer Number 1234, Jones', at the time of the issuance of summons and complaint number 12345 of May 5, 2005;

26. Demographics of people stopped, and of people cited by Officer Number 1234, Jones', May 6, 2004 to May 5, 2005, including, but not limited to, race, ethnicity, age, gender, and the type of car being driven by the person stopped;

27. Evidence showing that the vehicle referenced in the summons and complaint number 12345 was “Speeding 62 MPH in a 45 MPH Zone” as claimed in the summons and complaint of May 5, 2005;

28. Officer Number 1234, Jones', police physical test results regarding vision test data;

29. Officer Number 1234, Jones', certificate of competency;

30. Officer Number 1234, Jones', educational background, to determine whether he possessed the requisite skill necessary to properly make detailed measurements based solely upon visual observation;

31. All other relevant evidence regarding summons and complaint number “12345”, as written by Officer Number 1234, Jones', on May 5, 2005;

32. All other relevant evidence regarding Officer Number 1234, Jones', ability to make sound judgments, or any accusation of misconduct.

Respectfully,

__________________

John Q. Public

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