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I received a summons to court for failure to maintain adequate control of my dogs resulting in the injury of a child. I would like to see a copy of the police report before I have to go to court. I have no intentions of hiring a lawyer for this action; however I do need help with drafting a motion for discovery in order to receive a copy of the report. Please help!
You shouldn't need a motion. Just go down to the local police department and ask for a copy. They should provide it.
What court did you receive a summons for? Was it small claims court or civil court. Also have you checked with your homeowners insurance company? They should cover this.
I went to the court house, they said since I am the defendant, I must file a motion for discovery. The court is Warren County Missouri, civil I believe. And the child is 18 months old and was not injured bad enough for the parent to take him to a doctor. Instead, she called the police. By the way, my dogs are fenced by an electric fence and did not leave my yard, her child wandered into our yard unattended and was knock to the ground. He received a scrach to the face and a bump on the head.
I still need to know how to draft this motion. If anyone knows, please help.
Hello e:
Do what Scott told you. Go to the POLICE - not the courthouse. They'll GIVE you one.
Of course, if YOUR cops are stuffing their faces at the local doughnut shop, they may be too busy to actually help a citizen. That certainly might be the case.
If they refuse to actually DO THEIR JOB, then write a letter to the court. Ask the judge to ORDER the police to DO THEIR JOB. Ask the judge to consider your letter a motion for discovery. Send your letter certified, return receipt requested. Send a copy to the prosecutor, and the POLICE.
excon
You can't just ask for a copy, but you can fill out a FOI request. That is a Freedom Of Information request. They the have 10 to 14 days to copy your report or deny request with the reason why... Make sure you have included as much informationa as possible, as in the date and address police were called and what actions were taken and where you can be reached or message left...
You shouldn't need an FOI request for a poilce report where one is the named party.Quote:
Originally Posted by trucker8
Quote:
Originally Posted by ScottGem
Here, you do...
Where is here?
Illinois by Peoria, and they have given me a FOI request when I have asked for police reports in different counties and police stations in this area. I needed reports for divorce case and I was listed as victim or listed in criminal reports as well. Every police department gave me a FOI request to fill out. Now I just ask for one...Quote:
Originally Posted by ScottGem
Quote:
Originally Posted by trucker8
I fill these out all the time because I'm a third party to a accident - I stand at the counter, fill it out, hand it over, get the report.
I've never heard of a motion - you can't defend yourself without a Police Report and so you should be entitled.
If I am correct your dogs knocked a child down - and you are now responding to a ticket? I have no idea where the Police expect you to make a motion - there is no Court of record at this point.
To prepare a Motion for discovery, follow this example:
Tye the caption at the top:
IN THE CIRCUIT COURT OF ___________ COUNTY
PEORIA, ILLINOIS
INSERT NAME OF PLAINTIFF )
Plaintiff, )
)
vs. ) Case No.
)
)
INSERT NAME OF DEFENDANT, )
Defendant. )
MOTION FOR DISCOVERY
NOW COMES the Defendant, ___________________ pro se, and for his/her Motion for Discovery, hereby states as follows:
1. That on _____________ Defendant was served with a complaint at law and summons.
2. That __________________ is the named defendant herein.
3. 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; all police reports, memorandum, notes, flash messages, supplemental reports, incident reports, and all documents regarding __________________(name of the defendant or whoever is suing on behalf of the child).
3. That in addition to any and all police reports, the Defendant is in need of all of the medical records of the plaintiff regarding this incident.
4. That the discovery requested is crucial to the defendant's defense in this matter.
WHEREFORE, Defendant, __________________ respectfully requests this Honorable Court to grant Defendant's request for Discovery, including the reports from the __________ (name the police department), and medical records and hospital records relating to said injury, and for such other and further relief this Court deems fair and just.
Respectfully submitted,
By:___________________________
Your name on the line
Your name , pro se
Address
Telephone number
You could forget the motion for discovery, and just issue a subpoena for the records from the Police Department. Since the case has already been filed, you have a case number. You will need a Subpoena Duces Tecum, to the Police Department. You can definitely receive the information via a subpoena.
Good luck
Quote:
Originally Posted by Lglsupplus
I don't think this is in suit and I don't think there is a case number. I believe OP has received a notice for Court on charges of unleashed dogs or something similar. No suit for damages/injuries from what I'm reading.
A lawsuit should/could/would be defended by her homeowners insurance and she wouldn't be handling it herself - unless, of course, there is no HO insurance.
Don't know why the Police told her Motion for Discovery without a lawsuit having been filed. Police Reports are public record. I pick them up all the time. Occasionally I need a client release.
Please correct me if I'm wrong or misunderstood something here -
Dear Judy:
I believe the comment was as follows:
I received a summons to court for failure to maintain adequate control of my dogs resulting in the injury of a child. I would like to see a copy of the police report before I have to go to court. I have no intentions of hiring a lawyer for this action; however I do need help with drafting a motion for discovery in order to receive a copy of the report. Please help!
Therefore, the defendant/respondent received some type of summons from the court. Albeit may just be an ordinance violation, however it should have a case number on the summons and/or complaint.
I agree that perhaps her homeowner's insurance could possibly afford coverage, but if she wants to get the ball rolling regarding discovery, I provided a quite simple motion for discovery.
As, I also stated, she could have a supoena issued (since the summons would have to have a case number on it) and use that number for the case number caption in the subpoena. She/he could issue the summons to the police department or the plaintiff for complete copies of the records, including the complaint and discovery directly from the police department or the plaintiff. It could also still be a subpoena duces tecum for records to be received by the defendant within 14 days from issuance by the defendant.
Hope this helps.
I believe the point Judy and others have made is that there should be no need for discovery at this point. If a police report has been made that has resulted in a ticket or summons being issued, then she is entitled to see that report without going through a discovery motion. All she needs to do is walk into the police station and request a copy.Quote:
Originally Posted by Lglsupplus
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