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11206RE:Question

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  • Thomas Galletly
    Jun 1, 2006

      Below is a copy of the motion and rule.

       

      Thomas : Galletly

       

       

       THE SUPERIOR COURT OF ARIZONA

      IN AND FOR THE COUNTY OF

       

      STATE OF ARIZONA ,

                              Plaintiff,

                  vs.

      THOMAS GALLETLY ,

                              Defendant

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      Case No.:

       

      MOTION ON RCP 15.2

       

      COMES NOW, Thomas : Galletly, a free man upon the land, and moves this Honorable Court to sanction the State from entering any further discovery than they have submitted under Court Order. The State has had over two and a half years to release names of witnesses, copies of Affidavits and any other documentation and they have failed to do so. Under 16A A.R.S. Rules Crim.Proc., Rule 15.7(a)(1) and (2):

       

      a. Failure to Make Disclosure. If a party fails to make a disclosure required by Rule 15 any other party may move to compel disclosure and for appropriate sanctions. The court shall order disclosure and shall impose any sanction it finds appropriate, unless the court finds that the failure to comply was harmless or that the information could not have been disclosed earlier even with due diligence and the information was disclosed immediately upon its discovery. All orders imposing sanctions shall take into account the significance of the information not timely disclosed, the impact of the sanction on the party and the victim and the stage of the proceedings at which the disclosure is ultimately made. Available sanctions include, but are not limited to:   

       

       1) Precluding or limiting the calling of a witness, use of evidence or argument in support of or in opposition to a charge or defense, or

      (2) Dismissing the case with or without prejudice, or

      (3) Granting a continuance or declaring a mistrial when necessary in the interests of justice, or

      (4) Holding a witness, party, person acting under the direction or control of a party, or counsel in contempt, or

      (5) Imposing costs of continuing the proceedings, or

      (6) Any other appropriate sanction.     

       

                  I move this Honorable Court to grant the above sanctions.

       

      Dated this 24th day of May, 2006

       

      By:

       

       

       

      Thomas : Galletly

       

       


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