MOTION FOR DISCOVERY (CRIMINAL) — COLORADO

TABLE OF CONTENTS

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

Caption

DISTRICT COURT, [________________________________] COUNTY, COLORADO

Court Address: [________________________________]

Motion for Discovery

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and pursuant to Rule 16 of the Colorado Rules of Criminal Procedure, C.R.S. § 16-9-702, 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 Colorado Constitutions, hereby moves this Honorable Court for an Order compelling the People 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 ☐ Complaint ☐ Information ☐ Indictment filed on or about [__/__/____].

2. Defendant's first appearance occurred on [__/__/____]. Pursuant to Crim.P. Rule 16, Part I, the prosecution was required to provide discovery no later than 21 days thereafter.

3. The People have not fully complied with their discovery obligations, and this Motion is filed to compel complete disclosure.

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 25 of the Colorado Constitution guarantee the Defendant's right to due process of law.

7. Article II, Section 16 of the Colorado Constitution provides that the accused in criminal prosecutions has the right to demand the nature and cause of the accusation and to have a copy thereof.

Statutory Basis

8. Crim.P. Rule 16, Part I(a) requires the prosecuting attorney to make available to the defense, as soon as practicable but not later than 21 days after the defendant's first appearance, all material and information within the prosecution's possession or control.

9. Crim.P. Rule 16, Part I(a)(2) specifically requires disclosure of any material or information that tends to negate the guilt of the accused as to the offense charged or that would tend to reduce the punishment therefor (exculpatory evidence).

10. C.R.S. § 16-9-702 requires that discoverable material be provided electronically and at no cost to the defense.

11. Crim.P. Rule 16, Part I(d) provides remedies for non-compliance, including orders to compel, exclusion of evidence, continuances, and other sanctions.

Specific Discovery Requests

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

A. Witness Information

☐ The names, addresses, dates of birth, and telephone numbers of all persons known to have information relevant to the charged offense(s) or any defense thereto.

☐ All written or recorded statements of any prosecution witness, including police officers, civilian witnesses, and experts.

☐ All oral statements of witnesses, including notes or summaries reflecting the substance of such statements.

B. Defendant's Statements

☐ All statements of the Defendant, whether written, recorded, or oral, including the substance of any oral statements made to law enforcement.

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

☐ All Miranda warnings given and any waiver or invocation thereof.

C. Police Reports and Investigative Materials

☐ All police, arrest, and crime/offense reports with statements of all witnesses, as required by Crim.P. Rule 16, Part I(a)(1).

☐ All supplemental reports, investigative memoranda, and field notes.

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

☐ All crime scene investigation reports and logs.

D. Laboratory and Forensic Reports

☐ All expert reports and scientific test results, as required by Crim.P. Rule 16, Part I(a)(1).

☐ All laboratory reports, forensic analyses, and chain-of-custody documentation.

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

☐ All underlying data and bench notes from laboratory testing.

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

☐ All material or information that tends to negate the guilt of the accused or reduce punishment, as required by Crim.P. Rule 16, Part I(a)(2).

☐ 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 evidence of misconduct by law enforcement officers involved in the investigation.

F. Grand Jury Materials

☐ All transcripts of grand jury testimony, as required by Crim.P. Rule 16, Part I(a)(1).

☐ All tangible evidence presented to the grand jury.

G. Expert Reports and Opinions

☐ All reports, opinions, and conclusions of any expert witness the People intend to call at trial.

☐ The qualifications and curriculum vitae of each expert witness.

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

H. 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 from law enforcement vehicles.

☐ All surveillance camera recordings obtained by the People.

☐ 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.

I. 911 Calls and Communications

☐ All recordings of 911 calls and emergency dispatch communications.

☐ All transcripts of 911 calls and dispatch communications.

J. Prior Bad Acts Evidence

☐ Any evidence of prior bad acts, other crimes, or wrongs the People intend to introduce at trial pursuant to CRE 404(b).

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

K. Co-Defendant Information

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

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

L. Additional Materials

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

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

☐ All books, papers, documents, photographs, or tangible objects held as evidence or intended for use at trial, as required by Crim.P. Rule 16, Part I(a)(1).

☐ All documents or tangible objects obtained from or belonging 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 discovery informally from the Office of the District Attorney. Despite such efforts, the filing of this Motion is necessary to ensure complete and timely disclosure.

Proposed Order

DISTRICT COURT, [________________________________] COUNTY, COLORADO

Case No.: [________________________________]

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

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

ORDERED that the People 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 Discovery.

ORDERED that all discoverable material shall be provided electronically and at no cost to the defense, pursuant to C.R.S. § 16-9-702.

ORDERED that the People shall have a continuing obligation to disclose any additional discoverable material as it becomes known.

ORDERED that failure to comply with this Order may result in sanctions as provided under Crim.P. Rule 16, Part I(d).

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

[________________________________]
Judge, District Court, [________________________________] County, Colorado

Certificate of Service

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

[________________________________]
Deputy District Attorney
Office of the District Attorney
[________________________________] Judicial District
[________________________________]
[________________________________]

by ☐ hand delivery ☐ U.S. Mail ☐ Colorado Courts E-Filing ☐ facsimile

[________________________________]
Attorney for Defendant
Colorado Attorney Registration No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Discovery Framework: Colorado follows a broad, open discovery model under Crim.P. Rule 16. The prosecution has extensive disclosure obligations triggered automatically upon the filing of charges.

Timing: The prosecution must provide discovery "as soon as practicable" but no later than 21 days after the defendant's first appearance after the filing of criminal charges. Supplemental disclosure must be made promptly as additional material becomes available.

Electronic Discovery (C.R.S. § 16-9-702): Colorado requires that all discoverable material be provided electronically and at no cost to the defense. This is a significant advantage for defense counsel.

Exculpatory Evidence (Rule 16, Part I(a)(2)): Colorado codifies the Brady obligation directly in its rules, requiring disclosure of any material that tends to negate guilt or reduce punishment. This is broader than the Brady standard in that it is a rule-based obligation in addition to a constitutional one.

Reciprocal Discovery (Rule 16, Part II): If the defendant requests discovery, the People may request reciprocal disclosure, including: reports or statements of defense experts, books, papers, documents, photographs, or tangible objects the defense intends to introduce at trial, and notice of alibi and insanity defenses.

Work Product Protection (Rule 16, Part I(b)): Internal memoranda, legal research, and trial strategy of the prosecution are protected from disclosure. However, factual material and Brady/Giglio material embedded in work product must be disclosed.

Continuing Duty: Both parties have a continuing duty to disclose newly discovered material. Failure to make timely supplemental disclosure may result in sanctions.

Sanctions (Rule 16, Part I(d)): The court may order compliance, grant continuances, exclude undisclosed evidence, dismiss charges, or impose any other sanction the court deems appropriate.

Victim and Witness Protection: The court may issue protective orders limiting disclosure of witness addresses and personal information where safety concerns exist.

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