Ask Experts Questions for FREE Help !
Ask
    eriann's Avatar
    eriann Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 7, 2008, 09:33 AM
    How to draft a motion for discovery
    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!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    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's Avatar
    eriann Posts: 2, Reputation: 1
    New Member
     
    #3

    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's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    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's Avatar
    trucker8 Posts: 8, Reputation: 1
    New Member
     
    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    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's Avatar
    trucker8 Posts: 8, Reputation: 1
    New Member
     
    #7

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    May 2, 2008, 07:45 PM
    Where is here?
    trucker8's Avatar
    trucker8 Posts: 8, Reputation: 1
    New Member
     
    #9

    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #10

    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.
    Lglsupplus's Avatar
    Lglsupplus Posts: 2, Reputation: 1
    New Member
     
    #11

    May 23, 2008, 08:52 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #12

    May 23, 2008, 09:11 AM
    Quote Originally Posted by Lglsupplus
    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 definately receive the information via a subpoena.

    Good luck

    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 -
    Lglsupplus's Avatar
    Lglsupplus Posts: 2, Reputation: 1
    New Member
     
    #13

    May 26, 2008, 09:56 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #14

    May 26, 2008, 03:39 PM
    Quote Originally Posted by Lglsupplus
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

File motion to discovery. [ 5 Answers ]

I read all these posts about filing to intent to defend the summons. Then file motion to discovery... Where do I file the discovery? Is there a form I turn in to the court... or something else? :confused: :confused:

Filing a motion of discovery without an attorney [ 5 Answers ]

My son was arrest on 3rd degree assault of a minor. He was taking into custody. This was not at all what it appeared to be. The child said he held him down and the officers who came to the home said once an assault charge was filed someone had to be arrested. We are trying to get a copy of the...

How can I read the motion of discovery? [ 2 Answers ]

I'm trying 2 find info on my brothers case

How to write a motion for discovery [ 1 Answers ]

Would like to know how to write a motion for discovery. Husband is appearing pro se in Family Court and he would like to know why his ex-wife is no longer teaching.

How to file motion for discovery [ 1 Answers ]

How does one file a motion for discovery in Michigan? I understand it is sent to the lawyer for the side who is suing me. Do I send a copy to the court? Is there a particular format that needs to be used? Do I need to send it registered or certified or return receipt requested? TIA, Lil


View more questions Search