<CITY>, CA <ZIP>
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF <COUNTY NAME>, <JUSTICE CENTER or BRANCH>
PEOPLE OF THE STATE OF CALIFORNIA,
Case No. ___
Pursuant to California Penal Code sections 1054 and 1054.1, and California Government
Code section 26500, the defendant in the above entitled matter does hereby request under
discovery the following:
A list of all witnesses for the prosecution.
A copy of all records regarding the maintenance and calibration of the <radar/laser>
unit used in this case;
A copy of each and every certification issued to Officer <Officer’s name> involving
the use of said <radar/laser> unit.
A copy of all of Officer <Officer’s name>’s notes on this case including copies of the
front and back of the officer’s copy of the ticket.
Please note: PC 1054.1 uses the imperative, “shall disclose.” The only place in the law
where we find any choice in this matter is in Government Code 26500, which states in
The public prosecutor shall attend the courts, and within his or her discretion
shall initiate and conduct on behalf of the people all prosecutions for public
offenses. (emphasis added)
Obviously the public prosecutor would not violate the law, therefore we will have to
interpret a failure to provide the documents requested under discovery as an exercise of
the discretion provided for in GC 26500 and a decision not to prosecute this case.
This request is made on this the <date>th day of <Month> <year>.