Motion for Discovery (Criminal) - Alabama

DEFENDANT'S WRITTEN DISCOVERY REQUEST AND MOTION FOR CASE-SPECIFIC RELIEF

IN THE [CIRCUIT / DISTRICT] COURT OF [________________________________] COUNTY, ALABAMA

Defendant, through counsel, files this written request under Ala. R. Crim. P. 16.1 and 16.4(c). Defendant also moves for the case-specific relief identified below. The request is directed to the prosecutor for [STATE / MUNICIPALITY]. A copy of this written request is filed with the Court as Rule 16.4(c) requires.

1. Case and prior request

1. Defendant is charged with [OFFENSE AND CASE NUMBER]. Trial is set for [__/__/____] / ☐ not yet set.

2. Defendant previously requested the following material on [__/__/____]: [________________________________] / ☐ This is the first written request.

3. The prosecutor's response, if any, was received on [__/__/____]. The unresolved item and why it matters to the defense are: [________________________________].

2. Material requested under Rule 16.1

Check only items relevant to this case. Identify the item and its Rule 16.1 basis in the spaces provided.

☐ Defendant's statements — Rule 16.1(a): Written or recorded statements made by Defendant to a law enforcement officer, official, or employee, within the State's possession, custody or control and known to the prosecutor; and the substance of an oral statement by Defendant that the State intends to offer at trial. Identify: [________________________________].

☐ Codefendant or accomplice statements — Rule 16.1(b): Statements to law enforcement within the State's possession, custody or control, known to the prosecutor, that the State intends to offer at trial, on the terms stated in that rule. Identify: [________________________________].

☐ Documents and tangible items — Rule 16.1(c): Identify the document, photograph, object, controlled substance, building or place within the State's possession, custody or control and state whether it is material to defense preparation, intended for trial use, or obtained from or belonging to Defendant: [________________________________].

☐ Examination or test results — Rule 16.1(d): Results or reports of physical or mental examinations or scientific tests or experiments made in this case, within the State's possession, custody or control and known to the prosecutor. Identify: [________________________________].

Response requested: Permit inspection and copying of the selected items within the fourteen-day period after this request is filed, unless the Court orders a different period for good cause under Rule 16.1. Defendant requests arrangements for secure inspection or preservation of physical evidence where appropriate.

3. Favorable material under Brady and Giglio

Defendant also requests disclosure of material evidence favorable to the defense on guilt or punishment, including material credibility evidence concerning a prosecution witness. This request includes any agreement, promise, inducement, or understanding concerning [IDENTIFY WITNESS OR SUBJECT], to the extent material to credibility or another issue in this case. See Brady v. Maryland, 373 U.S. 83, 87 (1963); Giglio v. United States, 405 U.S. 150, 154-55 (1972); Ala. R. Crim. P. 16.1(f).

Case-specific facts supporting this request: [________________________________].

Rule 16.1(e) generally does not authorize routine inspection of internal prosecution or law-enforcement documents, witness lists, or prosecution witness statements. Defendant does not treat the checkboxes above as a blanket request for those excluded materials. The request in this section is limited to favorable material to which Defendant is entitled under the cited constitutional decisions or another identified law: [IDENTIFY ANY OTHER BASIS].

4. Court relief requested

☐ No disputed response yet: Defendant requests that the Court receive this filed written request and set a case-management date if needed.

☐ Disputed item: Defendant asks the Court to direct disclosure or inspection of [SPECIFIC ITEM], because [STATE RULE OR CONSTITUTIONAL BASIS, MATERIALITY, AND FACTS]. The defense needs the item by [__/__/____] to [EXPLAIN PREPARATION NEED].

☐ Protective conditions: Defendant requests appropriate handling conditions for [SPECIFIC ITEM]. Rule 16.4(a) permits the Court, on a sufficient showing, to deny, restrict, or defer discovery or make another appropriate protective order.

☐ Noncompliance relief: Defendant identifies the request or order dated [__/__/____], the unmet item [SPECIFIC ITEM], and resulting prejudice [________________________________]. Under Rule 16.5, Defendant requests ☐ inspection by [DATE] ☐ a continuance ☐ a tailored evidence restriction ☐ other just relief: [________________________________]. Defendant asks the Court to select relief appropriate to the established noncompliance.

Rule 16.3 requires prompt notice to the Court and opposing party if either party discovers or decides to use additional evidence subject to discovery under Rule 16. Rule 16.2 provides separate, limited reciprocal discovery on a filed written State or municipal request; this motion does not waive either party's applicable duties.

5. Requested order

Defendant requests an order granting only the selected case-specific relief in Section 4, with any necessary time, place, manner and protective terms. Defendant requests a hearing if the Court needs evidence on materiality, possession, prejudice or protective conditions.

Respectfully submitted on [__/__/____].

Counsel for Defendant: [________________________________]

Alabama Bar No.: [________________________________]

Address: [________________________________]

Telephone / email: [________________________________]

Signature: [________________________________]

Certificate of service

I certify that on [__/__/____], I served this request and motion on [PROSECUTOR NAME] by [AUTHORIZED METHOD AND ADDRESS OR ELECTRONIC SERVICE RECORD].

Signature: [________________________________]

Proposed order

IN THE [CIRCUIT / DISTRICT] COURT OF [________________________________] COUNTY, ALABAMA

State of Alabama v. [DEFENDANT NAME] — Case No. [________________________________]

The Court has considered Defendant's written discovery request and motion. The Court finds: [CASE-SPECIFIC FINDINGS, IF ANY].

It is ORDERED that [IDENTIFY EACH ITEM TO BE DISCLOSED OR INSPECTED] shall be made available by [__/__/____] at [PLACE OR SECURE METHOD], subject to [PROTECTIVE CONDITIONS, IF ANY]. All other requested relief is [GRANTED / DENIED / RESERVED] as stated here: [________________________________].

Entered on [__/__/____].

Judge: [________________________________]