MOTION FOR DISCOVERY (CRIMINAL) — ARIZONA

TABLE OF CONTENTS

1. Caption
2. Motion for Disclosure
3. Constitutional Basis
4. Statutory Basis
5. Specific Disclosure Requests
6. Certification of Good Faith
7. Proposed Order
8. Certificate of Service
9. State-Specific Notes

Caption

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Motion for Disclosure

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and pursuant to Rules 15.1 and 15.7 of the Arizona Rules of Criminal Procedure, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Due Process Clauses of the United States and Arizona Constitutions, hereby moves this Honorable Court for an Order compelling the State of Arizona to disclose and produce the materials and information described herein.

In support of this Motion, Defendant states as follows:

1. Defendant is charged with [________________________________] by way of ☐ Indictment ☐ Information ☐ Complaint filed on or about [__/__/____].

2. Under Arizona Rule of Criminal Procedure 15.1, the State has mandatory disclosure obligations that are triggered upon the filing of charges.

3. The Defendant has not received complete disclosure as required by Rule 15.1, and this Motion is filed to compel full compliance.

Constitutional Basis

4. Under Brady v. Maryland, 373 U.S. 83 (1963), the prosecution must disclose all evidence favorable to the accused that is material to guilt or punishment.

5. Under Giglio v. United States, 405 U.S. 150 (1972), the prosecution must disclose all impeachment evidence, including deals, promises, or inducements made to prosecution witnesses.

6. The Fourteenth Amendment to the United States Constitution and Article II, Section 4 of the Arizona Constitution guarantee the Defendant's right to due process of law.

7. Article II, Section 24 of the Arizona Constitution guarantees the right to a fair and speedy trial.

Statutory Basis

8. Arizona Rule of Criminal Procedure 15.1(a) requires the State to make initial disclosure of all existing original and supplemental reports prepared by law enforcement in connection with the charged offense, as well as expert reports and other relevant information.

9. Arizona Rule of Criminal Procedure 15.1(b) requires supplemental disclosure of all materials and information the State intends to use at trial or that are relevant to the defense.

10. Arizona Rule of Criminal Procedure 15.1(d) requires the State to disclose prior felony convictions of witnesses it intends to call at trial.

11. Arizona Rule of Criminal Procedure 15.7 provides that if a party fails to comply with disclosure requirements, the opposing party may move for appropriate sanctions.

Specific Disclosure Requests

The Defendant respectfully requests that the State produce the following materials and information:

A. Witness Information

☐ The names, addresses, and telephone numbers of all persons the State intends to call as witnesses at trial, hearing, or deposition.

☐ All written or recorded statements of any prosecution witness.

☐ All oral statements of witnesses, including law enforcement notes reflecting the substance of such statements.

☐ The prior felony convictions of each witness the State intends to call, as required by Rule 15.1(d).

B. Defendant's Statements

☐ Any written or recorded statements made by the Defendant, whether before or after arrest.

☐ The substance of any oral statements made by the Defendant to any law enforcement officer or agent of the State.

☐ Any transcripts of grand jury testimony given by the Defendant.

C. Law Enforcement Reports

☐ All existing original and supplemental reports prepared by any law enforcement agency in connection with the charged offense, as required by Rule 15.1(a).

☐ All investigative notes, field interview cards, and internal memoranda.

☐ All dispatch records, Computer-Aided Dispatch (CAD) logs, and related communications.

☐ All reports from the Arizona Department of Public Safety (DPS) Crime Laboratory.

D. Laboratory and Forensic Reports

☐ All laboratory reports, forensic analyses, and scientific test results relating to evidence in this case.

☐ All chain-of-custody documentation for physical evidence.

☐ All reports or other relevant information gathered by an expert who has examined the Defendant or evidence in the case, as required by Rule 15.1(a).

☐ The qualifications, training records, and certifications of any forensic analyst.

E. Exculpatory and Impeachment Evidence (Brady/Giglio Material)

☐ All evidence favorable to the Defendant that is material to guilt or punishment.

☐ All impeachment evidence regarding any prosecution witness, including prior inconsistent statements, bias, motive, prior convictions, pending charges, or promises of leniency.

☐ Any agreements, promises, inducements, or consideration made to any prosecution witness in exchange for testimony or cooperation.

☐ Any information contained in the Rule 15.1 Disclosure Database maintained by the Arizona Prosecuting Attorneys' Advisory Council (APAAC) regarding any law enforcement witness.

F. Expert Reports and Opinions

☐ All reports, opinions, and conclusions of any expert witness the State intends to call at any hearing or trial.

☐ The qualifications and curriculum vitae of each expert witness.

☐ All underlying data, notes, and materials relied upon by any expert.

G. Electronic Evidence and Recordings

☐ All body-worn camera (BWC) footage from any law enforcement officer involved in the investigation or arrest.

☐ All dashboard camera footage and mobile video recordings from law enforcement vehicles.

☐ All surveillance camera recordings obtained by the State.

☐ All audio recordings, including recorded telephone calls and jail calls.

☐ All photographs taken during the investigation.

☐ All electronic data, including cell phone records, GPS data, and social media evidence.

H. 911 Calls and Communications

☐ All recordings of 911 calls and emergency dispatch communications related to the incident.

☐ All transcripts of 911 calls and dispatch communications.

I. Prior Bad Acts Evidence

☐ Any evidence of prior bad acts, other crimes, or wrongs the State intends to introduce at trial pursuant to Arizona Rule of Evidence 404(b) or (c).

☐ Reasonable notice of the general nature of any such evidence.

J. Co-Defendant Information

☐ All plea agreements, cooperation agreements, or immunity agreements between the State and any co-defendant or co-conspirator.

☐ All statements made by any co-defendant or co-conspirator.

K. Additional Materials

☐ All search warrants, arrest warrants, and supporting affidavits.

☐ All records of identification procedures, including lineups, photo arrays, and show-ups.

☐ Any tangible objects, documents, or other physical evidence that the State intends to use at trial or that may be material to the defense.

☐ All documents, photographs, and tangible objects that were obtained from or belong to the Defendant.

Certification of Good Faith

Undersigned counsel hereby certifies that prior to filing this Motion, a good faith effort was made to obtain disclosure informally from the prosecution. Despite such efforts, the filing of this Motion is necessary to ensure complete and timely disclosure as required by Rule 15.1.

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

ORDER ON DEFENDANT'S MOTION FOR DISCLOSURE

Upon consideration of the Defendant's Motion for Disclosure, and the Court being duly advised, it is hereby:

ORDERED that the State of Arizona shall, within [____] days of the date of this Order, disclose and produce to the Defendant all materials and information described in the Defendant's Motion for Disclosure.

ORDERED that the State shall have a continuing obligation to promptly disclose any additional material as it becomes known, pursuant to Rule 15.6.

ORDERED that failure to comply with this Order may result in sanctions as provided under Arizona Rule of Criminal Procedure 15.7.

SO ORDERED this [____] day of [________________], [________].

[________________________________]
Judge, Superior Court of Arizona, [________________________________] County

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Disclosure was served upon:

[________________________________]
Deputy County Attorney
Office of the [________________________________] County Attorney
[________________________________]
[________________________________]
[________________________________]

by ☐ hand delivery ☐ U.S. Mail ☐ electronic filing ☐ facsimile

[________________________________]
Attorney for Defendant
State Bar of Arizona No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Discovery Framework: Arizona uses a mandatory disclosure system rather than traditional discovery. Under Rule 15.1, the State must make initial disclosures without a specific request from the defense, though a motion may be needed to compel compliance.

Terminology: Arizona uses the term "disclosure" rather than "discovery." Rule 15.1 governs the State's disclosure obligations; Rule 15.2 governs the defense's disclosure obligations.

Timing:
- Initial Disclosure (Rule 15.1(a)): The State must make available all existing law enforcement reports and expert reports by the preliminary hearing or, if no preliminary hearing is held, by the arraignment.
- Supplemental Disclosure (Rule 15.1(b)): Ongoing; must be provided as materials become available.
- Prior Felony Convictions of Witnesses (Rule 15.1(d)): Must be disclosed 30 days before a felony trial, 30 days after a defendant's request in a felony case, or 10 days before a misdemeanor trial.

Reciprocal Discovery: Under Rule 15.2, the defense must disclose its witness list, expert reports, documents, and tangible objects it intends to use at trial. The defense must also disclose defenses, including alibi and insanity defenses, with specific notice requirements.

Rule 15.1 Disclosure Database: Arizona maintains a statewide database (pursuant to A.R.S. § 38-1119) tracking law enforcement officers with sustained misconduct findings relevant to credibility. Prosecutors must check this database and disclose relevant information.

Work Product Protection: Rule 15.4 protects internal memoranda, notes, and legal theories of both parties from disclosure. However, factual material and Brady/Giglio material must be disclosed regardless.

Sanctions (Rule 15.7): If a party fails to make timely disclosure, the opposing party may move for sanctions including orders to compel, continuances, preclusion of undisclosed evidence, or dismissal in extreme cases.

Continuing Duty (Rule 15.6): Both parties have a continuing obligation to promptly disclose newly discovered material.

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Arizona attorney before use.