Requesting Disclosure

fish1234
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Requesting Disclosure

by: fish1234 on
Mon Jul 18, 2011 2:03 pm

I'm a little confused. To request for disclosure, do I

a) fill out a form (http://www.toronto.ca/court_services/fo ... equest.pdf)

b) write a letter (http://www.ontariohighwaytrafficact.com/topic2959.html)


I read that the best method is to go in person (with 2 copies), so they can stamp it and I keep it as proof. I also read I can fax and keep the fax confirmation page as proof.


Also, I read to not put my phone # on purpose, so they have to mail it to me. Does this still work nowadays? (2001 July) ?

Thank you all


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Simon Borys
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by: Simon Borys on
Mon Jul 18, 2011 7:44 pm

You can fill out a form if a form is used in that jurisdiction. You can write a letter if no form is used in that jurisdiction. Instead of faxing or mailing a letter you can go in with 2 copies and have them stamp them, if you want.

You don't have to include your phone #, but that doesn't affect anything. They may or may not mail it to you depending on what their policy is in that jurisdiction.

Bottom line is you should contact your local courthouse to determine what the practice is there.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


fish1234
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by: fish1234 on
Tue Jul 19, 2011 7:53 am

Thank you.
Simon Borys wrote:You can fill out a form if a form is used in that jurisdiction. You can write a letter if no form is used in that jurisdiction. Instead of faxing or mailing a letter you can go in with 2 copies and have them stamp them, if you want.

You don't have to include your phone #, but that doesn't affect anything. They may or may not mail it to you depending on what their policy is in that jurisdiction.

Bottom line is you should contact your local courthouse to determine what the practice is there.


actng
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by: actng on
Wed Jul 27, 2011 9:07 pm

the write a letter option is missing the officer's badge number
the crown tried arguing that my request didn't have the officer's badge number and wasn't able to provide disclosure due to volume of work. had to take disclosure at court and almost got forced into proceeding with trial after reviewing disclosure on site.

managed to get an adjournment but the crown wanted it noted that this was a delay caused by me.

so use their form... or include all the information on the ticket. maybe include a copy of the ticket.


fish1234
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by: fish1234 on
Thu Jul 28, 2011 7:19 pm

(Toronto) I went and submitted my typed letter to the clerk, she gave me the form to fill out. I then gave her both (letter and form), she said, "let me see what's on this letter first". "Video - no, they don't have any, witness, there wasn't any, you won't get front and back of the Police's notes, there is only the front, and the rest of it you will get anyways, this is a simple left turn infraction."

She even went on to say "things you see on websites like "Fight your ticket.com is wrong and irrelevant". So she took my form and did not accept my letter and gave it back to me.

I could have argued, but decided not to. Didn't feel like getting into an argument at that point.


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by: Radar Identified on
Fri Jul 29, 2011 6:03 pm

actng wrote:the write a letter option is missing the officer's badge number
Not any more. That's been fixed.

The clerk can say what she wants. The courts are responsible for deciding what you are entitled to. If the Prosecutor has video evidence and plans to use it at trial, you are entitled to disclosure of that. The notes you are entitled to. HOWEVER, witness statements, etc., are not applicable. In Toronto they took my "letter form" disclosure request. I had no problems... but then again, I asked for very specific stuff. (Speeding: Notes, lidar manual, any other evidence the Prosecutor is going to use at trial.)
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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