WHAT'S THE
NOTICE OF MOTION REQUIREMENT FOR SUPPLEMENTAL PITCHESS MOTIONS?
Pitchess (11 Cal.3d 531) discovery motions must comply with the notice of motion provisions in California Evidence Code sec. 1043 and California Code of Civil Procedure sec. 1005. You have to give 16 court days' notice of your motion, and you have to add 5 calendar days if you
serve by mail.
OK, your motion is granted. You investigate and now need to file a supplemental Pitchess motion to get the actual complaints. What time limit applies? This Court of Appeal says the same 16 and 5 day requirements apply to supplemental discovery motions.
COMMENTARY: So, this now begs the question....Why should be have to go back, spend more time and money, just to get basic complaint reports because the courts refuse to provide that relevant information in the first place? I find it ridiculous that courts refuse to provide us that actual complaints unless and until we can't get what we need from the initial discovery (which is usually only the names and telephone numbers of the complaining witnesses). Of course, there is no statute authorizing just this limited discovery in the first place. But our fraidy-cat judges are so scared that the cops won't back them in their next re-election, they are willing to violate the Constitute rather than go against the police legal advisors. Now do you know why I just sue cops?
Tulare v. Superior Court; 2008 DJ DAR 18492; DJ, 12/19/08; C/A 5th
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