Monday, May 6, 2013

REQUEST FOR PRODUCTION Speed Indicating Device




Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §          __________________ COUNTY, TEXAS



REQUEST FOR PRODUCTION

Speed Indicating Device

            I, _______________________________________, recently received a citation  associated with the above cause. I have entered a plea of innocent and requested a pre-trial. So that I can complete the preparations for my defense, please provide me access to the following or forward to me a blank subpoena.

1.      Name, address and phone number of the manufacture of the speed indicating device used in this case.
2.      Make, model, serial number, date of purchase, and date placed into service of the speed indicating device used.
3.      Operations manual from the department and manufacture of the speed indicating device used in this case.
4.      Calibration logs of the speed indicating device used in this case for the last 90 days.
5.      Calibration certifications performed on this speed indicating device from the date purchased to present.
6.      Name, address and qualifications of individuals performing calibration certifications.
7.      Maintenance and service records for the speed indicating device in this case.
8.      Copy of the officer standard operating procedure in using these speed indicating devices.
9.      Copies of any audio and or video recordings of the arrest and issuance of the charge in this case.
10.  Copy of all statements or other written documents to be used at trial.
11.  A copy of the issuing officer’s personnel file, radar certification sections, and all re-certification documents to include but not limited to test, test results and field observation reports.
12.  List how the speed indicating device was connected to the power source.
13.  Maintenance and service records, and speedometer calibrations for the patrol vehicle used.
14.  Serial numbers of any tuning forks or calibrating device used in this case.
15.  A copy of the issuing officer’s supervisors personnel file, that would reference all training concerning the speed indicating device used concerning this case.


________________________________________
Signed

________________________________________
Name

________________________________________
Location

________________________________________
Area





CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via delivery confirmation, hand delivery or fax on this ______  day of ________________________, 201__.
______________________________________
______________________________________
______________________________________



_________________________________


INSTRUCTIONS

This Document is usually only used when there is a speeding charge. This Document can be filed after arraignment. The sooner, the better. At a minimum, 10 days before the Pre-Trial hearing. Just another hoop the Prosecutor has to jump through. You do not file a copy of this with the court when you serve it on the prosecutor. The prosecutor gets the original document. You use the documents provided as Exhibits for the defense, if you get anything.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Print your name in Upper and Lower Caps
Line 7: Sign your name.
Line 8: Put your name in Upper and Lower Caps.
Line 9: Print your address.
Line 10: Print the City where your address is; then Texas
Line 11: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.
Line 12: Put the name of the Month that you serve a copy of this document to the prosecutor.
Line 13: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .
Line 14: Put “ Prosecutor for (Whatever Court)
Line 15: Put the street address where the prosecutor will be served.
Line 16: Put the City, State and Zipcode where the Prosecutor will be served.
Line 17: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

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