How to Demand for Discovery in Ohio Municipal Traffic Court

You can request discovery on a municipal court case at the arraignment

One of the rights offered defendants facing criminal and traffic cases is the right to a copy of the evidence the state has created as part of its case. Called discovery, in a municipal court setting it will typically involve a copy of the traffic citation, and a police report if one was generated. You can request discovery in writing from the prosecutor at the arraignment.

Things You'll Need

• Motion for Discovery

Instructions

1. Draft a motion for discovery. You can see if the clerk's office has a specific form in your county, or use a blank traffic motion form. The judge will understand the meaning of your request, but include that you request all discovery in the state's possession pursuant to Ohio Rule of Civil Procedure Sixteen.

2. File the motion with the city clerk office that handles the municipal court. You may want to call the office to check on procedure since municipal courts are more relaxed than district courts. Ask the clerk about the procedure to file your motion. The clerk may instruct you to either file it in clerk's office, or bring it to court on the day of your arraignment.

3. Appear at the arraignment on your municipal ticket. The arraignment is the first date, and it is typically set a month after you received your ticket. When the judge calls your case, approach the bench and inform the judge that you have a motion for discovery, handing the original motion to the judge, and a copy of the same to the prosecutor. The judge will accept your motion, and the prosecutor will either have a copy of discovery for you at the arraignment, or mail you a copy of discovery.

References

• Ohio Supreme Court: Ohio Rules of Criminal Procedure