How to draft a motion for discovery

ScottGem · Apr 7, 2008, 10:20 AM

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.

eriann · Apr 7, 2008, 02:35 PM

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.

excon · Apr 8, 2008, 06:53 AM

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

trucker8 · May 2, 2008, 06:03 PM

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.......

ScottGem · May 2, 2008, 07:33 PM

Quote:

Originally Posted by trucker8

You can't just ask for a copy, but you can fill out a FOI request. That is a Freedom Of Information request.

You shouldn't need an FOI request for a poilce report where one is the named party.

trucker8 · May 2, 2008, 07:42 PM

Quote:

Originally Posted by ScottGem

You shouldn't need an FOI request for a poilce report where one is the named party.

Here, you do......

ScottGem · May 2, 2008, 07:45 PM

Where is here?

trucker8 · May 3, 2008, 02:23 AM

Quote:

Originally Posted by ScottGem

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......

JudyKayTee · May 3, 2008, 04:30 AM

Quote:

Originally Posted by trucker8

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.......

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.

How to draft a motion for discovery

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