My question involves traffic court in the State of: South Carolina
The South Carolina Supreme Court issued an order which basically stated that the summary courts (Magistrates and Municipal) MUST dispose of jury trials (including traffic jury trials) within 120 days of filing. (http://ift.tt/1Fe2Qnm).
Basically, this is four months. It took them seven and a half months to schedule my trial. When I received the summons, I submitted a motion for discovery, which the clerk said I had to give to the police department. The police department said they had 30 business days to provide the discovery which I would need in a week and a half. I wrote up a request for continuance, which the judge said that she would not grant. A few days later, I submitted a motion to dismiss for lack of speedy trial and included the order (stated above) as an attachment. The muni judge ignored the motion, then continued the case at the last minute on oral request of the prosecutor, which is against court rules here in South Carolina. (All motions for continuance must be in writing.)
If the judges won't follow state supreme court orders and won't follow their own court rules, that is evidence that we, as pro per litigants, have NO chance of a fair and impartial hearing.
What can I do?
The South Carolina Supreme Court issued an order which basically stated that the summary courts (Magistrates and Municipal) MUST dispose of jury trials (including traffic jury trials) within 120 days of filing. (http://ift.tt/1Fe2Qnm).
Basically, this is four months. It took them seven and a half months to schedule my trial. When I received the summons, I submitted a motion for discovery, which the clerk said I had to give to the police department. The police department said they had 30 business days to provide the discovery which I would need in a week and a half. I wrote up a request for continuance, which the judge said that she would not grant. A few days later, I submitted a motion to dismiss for lack of speedy trial and included the order (stated above) as an attachment. The muni judge ignored the motion, then continued the case at the last minute on oral request of the prosecutor, which is against court rules here in South Carolina. (All motions for continuance must be in writing.)
If the judges won't follow state supreme court orders and won't follow their own court rules, that is evidence that we, as pro per litigants, have NO chance of a fair and impartial hearing.
What can I do?
Hearings and Trials: Do Lower Courts Have to Follow Orders of a State's Supreme Court
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