documentationUnited States · Delaware (Statewide)Difficulty: Hard
Discovery Demand for LPR / Officer Notes in JP Court
In JP Court, Justice of the Peace Court Civil Rules permit limited discovery including subpoena duces tecum at trial. Defendants in PVB collection actions may demand production of LPR scan logs, officer field notes, meter calibration records, and ParkMobile transaction histories. Wilmington PVB cannot consistently produce these records, leading to dismissal at trial.
Legal basis
JPCRCP Rules; 10 Del. C. §9540; Wilmington City Code §37-205
Sample appeal wording
TO: Justice of the Peace Court of [COUNTY], Delaware SUBPOENA DUCES TECUM RE: Case No. [#] Defendant requests issuance of subpoena duces tecum to [Wilmington PVB / Issuing Officer] commanding production at trial of: 1. Issuing officer's contemporaneous field notes for citation [#]; 2. LPR scan log for date [DATE], including image, GPS coordinate, and timestamp; 3. Officer training and LPR-equipment certification records; 4. Photograph of citation affixed to vehicle; 5. Meter calibration records for the meter in use. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- JPCRCP Rules
- 10 Del. C. §9540