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Discovery delivery failures prompt multiple dismissals, judge says court will update contact info
Summary
At a Lake Forest Park Municipal Court calendar, the judge granted motions to suppress or dismiss several infractions after prosecutors did not receive discovery on time. Attorneys and the court discussed changing how discovery is served to avoid similar problems.
At a Lake Forest Park Municipal Court calendar hearing, the judge granted motions to suppress or dismiss multiple infractions after prosecutors said they had not received timely discovery required under the court's infraction rules.
The moves came after defense attorneys told the court they had mailed or faxed notices of appearance and discovery requests to the city and to a city fax number listed on the municipal website, but prosecutors said those filings went to the city mail room or otherwise were not routed to the prosecuting attorney’s office. The court cited IRLJ 3.1(b) (infraction discovery rules) in granting suppression in several matters.
Why it matters: defense counsel said untimely or missing discovery deprived defendants of the materials needed to prepare for contested hearings; prosecutors said the documents had been sent but sometimes to a general city mail room or an outdated fax number. The court signaled it will update public contact instructions so discovery goes directly…
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