You may request in writing, copies of any records, reports or notes made in connection with your citation. If you would like to request discovery for your trial, please complete and submit a discovery request form that can be obtained at the police records counter, or mail a written request to the Tigard Police Department at 13125 SW Hall Blvd., Tigard, OR 97223.
At the beginning of each trial, the officer, the defendant and all witnesses will be asked to swear or affirm that they will tell the truth when testifying. Please notify the court if you have brought a witness as soon as your case is called.
Since the burden of proof is on the citing officer, he or she will have the first opportunity to present testimony and other evidence. After the officer concludes, the defendant will have the opportunity to present evidence or ask questions of the officer. The rules of evidence are very complex, but the following types of proof are frequently offered in traffic cases:
- Testimony: Most traffic trials consist of a simple oral presentation of events by the officer and the defendant. The court's decision is usually based on the reliability and credibility of the evidence presented by both parties.
- Diagrams: Simple diagrams can be helpful to the court in understanding all the circumstances of the case. Diagrams do not have to be drawn precisely to scale, but they should accurately represent the area depicted.
- Photographs: Photographs can also be helpful to the court, provided they fairly represent the situation that existed at the time of the alleged infraction. You should be prepared to state when and where the photograph was taken.
- Witness testimony: You may bring witnesses with you into court to testify on your behalf. Unless you are offering the testimony of an expert, witnesses must base their testimony on their personal knowledge of the incident. If you think that a witness may be reluctant to appear, you have the right to obtain a subpoena to compel his or her attendance at trial.
- Hearsay evidence: Oral or written statements of people who are not in the courtroom are considered hearsay evidence. Hearsay can include letters or affidavits of any witnesses. Most hearsay evidence cannot be considered by a judge. If you wish to present evidence from witnesses, you should arrange to have them present in the courtroom for your trial.