MOTION FOR DISCOVERY (CRIMINAL) — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

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

Caption

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

Motion for Discovery

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and pursuant to Superior Court Criminal Rule 16, Superior Court Criminal Rule 16-I, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Due Process Clause of the Fifth Amendment to the United States Constitution, hereby moves this Honorable Court for an Order compelling the Government 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 ☐ Criminal Complaint filed on or about [__/__/____].

2. The case is being prosecuted by the ☐ United States Attorney's Office (USAO) ☐ Office of the Attorney General (OAG).

3. Defense counsel made an informal request for discovery pursuant to Rule 16-I on [__/__/____], and the Government has not fully complied with its disclosure obligations.

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 Fifth Amendment to the United States Constitution guarantees the Defendant's right to due process of law. Because the District of Columbia is a federal district, the Fifth Amendment applies directly (not through the Fourteenth Amendment).

7. The Defendant's right to effective assistance of counsel under the Sixth Amendment requires access to materials necessary to prepare a meaningful defense.

Statutory and Rule Basis

8. Superior Court Criminal Rule 16(a) requires the Government, upon the defendant's request, to disclose: the defendant's written and recorded statements, the defendant's prior criminal record, documents and objects material to preparing the defense, reports of examinations and tests, and expert witness information.

9. Superior Court Criminal Rule 16-I provides for informal discovery and encourages the parties to exchange discovery voluntarily before seeking court intervention.

10. Superior Court Criminal Rule 16(d) provides remedies for non-compliance, including orders to compel, granting continuances, prohibiting introduction of undisclosed evidence, or other orders as justice requires.

Specific Discovery Requests

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

A. Defendant's Statements

☐ Any relevant written or recorded statements made by the Defendant, or copies thereof, within the Government's possession, custody, or control, as required by Rule 16(a)(1)(A).

☐ The substance of any relevant oral statement made by the Defendant, whether before or after arrest, in response to interrogation by any person then known to the Defendant to be a government agent, as required by Rule 16(a)(1)(A).

☐ Any recorded testimony of the Defendant before a grand jury relating to the charged offense.

B. Defendant's Prior Record

☐ A copy of the Defendant's prior criminal record, if any, as required by Rule 16(a)(1)(B).

C. Witness Information

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

☐ All written or recorded statements of any prosecution witness.

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

☐ Any prior criminal convictions of prosecution witnesses.

D. Police Reports and Investigative Materials

☐ All Metropolitan Police Department (MPD) reports, supplemental reports, incident reports, and investigative memoranda.

☐ All investigative notes, field interview cards, and internal memoranda prepared by law enforcement.

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

☐ All reports from any other law enforcement agency involved in the investigation.

E. Documents and Objects

☐ All books, papers, documents, data, photographs, tangible objects, buildings, or places that are material to preparing the defense, or that the Government intends to use in its case-in-chief at trial, or that were obtained from or belong to the Defendant, as required by Rule 16(a)(1)(C).

F. Reports of Examinations and Tests

☐ All results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, or copies thereof, as required by Rule 16(a)(1)(D).

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

☐ All laboratory reports from the Department of Forensic Sciences (DFS) or any other laboratory.

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

G. Expert Witnesses

☐ A written summary of testimony the Government intends to use under Federal Rules of Evidence 702, 703, or 705 during its case-in-chief at trial, as required by Rule 16(a)(1)(E).

☐ The qualifications and curriculum vitae of each expert witness.

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

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

☐ Any information from the MPD Internal Affairs Division relevant to officers in this case.

I. Electronic Evidence and Recordings

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

☐ All dashboard camera footage from law enforcement vehicles.

☐ All surveillance camera recordings, including any ShotSpotter or closed-circuit television (CCTV) footage obtained by the Government.

☐ 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.

J. 911 Calls and Communications

☐ All recordings of 911 calls and emergency dispatch communications.

☐ All transcripts of 911 calls and dispatch communications.

☐ All records from the Office of Unified Communications (OUC).

K. Prior Bad Acts Evidence

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

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

L. Co-Defendant Information

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

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

M. Additional Materials

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

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

☐ All records of any wiretaps, electronic surveillance, or pen register/trap and trace orders.

Certification of Good Faith

Undersigned counsel hereby certifies that, pursuant to Superior Court Criminal Rule 16-I, an informal request for discovery was made to the Government on [__/__/____]. The Government has had a reasonable opportunity to comply, and the filing of this Motion is necessary to obtain complete and timely disclosure.

Proposed Order

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

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 Government 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 the Government 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 Superior Court Criminal Rule 16(d).

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

[________________________________]
Associate Judge, Superior Court of the District of Columbia

Certificate of Service

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

[________________________________]
Assistant United States Attorney / Assistant Attorney General
[________________________________]
[________________________________]
[________________________________]

by ☐ hand delivery ☐ U.S. Mail ☐ electronic filing (CaseFileXpress) ☐ facsimile

[________________________________]
Attorney for Defendant
D.C. Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Discovery Framework: The District of Columbia follows a modified open-file discovery system. Superior Court Criminal Rule 16 mirrors the Federal Rule 16 structure, and the USAO-DC has adopted an open-file policy for most felony cases.

Dual Prosecution Authorities:
- Felonies: Prosecuted by the United States Attorney's Office for the District of Columbia (USAO-DC), which generally follows an open-file policy.
- Misdemeanors: Prosecuted by the Office of the Attorney General (OAG), which may have different disclosure practices.

Informal Discovery (Rule 16-I): Before seeking a court order, parties are expected to attempt informal discovery. Rule 16-I encourages voluntary exchange of materials. Good faith participation in informal discovery should be documented.

Fifth Amendment (Not Fourteenth): Because DC is a federal district, the Fifth Amendment Due Process Clause applies directly to the defendant's rights, rather than through the Fourteenth Amendment's incorporation.

Reciprocal Discovery (Rule 16(b)): If the defendant requests discovery, the Government may request reciprocal disclosure, including: documents and objects the defense intends to use, reports of defense examinations and tests, and expert witness summaries.

Body-Worn Camera Footage: The Metropolitan Police Department has a body-worn camera program. BWC footage is often critical evidence. Ensure all footage from responding and investigating officers is requested.

Department of Forensic Sciences (DFS): DC has its own forensic laboratory. Request all DFS reports and underlying data.

Work Product Protection: Rule 16(a)(2) protects reports, memoranda, and internal documents made by government attorneys or agents in connection with investigating or prosecuting the case. However, Brady/Giglio material must be disclosed regardless.

Continuing Duty (Rule 16(c)): If before or during trial a party discovers additional evidence or material previously requested or ordered that is subject to discovery, the party must promptly notify the other party or the court.

Sanctions (Rule 16(d)): The court may order compliance, grant continuances, exclude evidence, or enter other orders as it deems just.

This template is provided for informational purposes only and does not constitute legal advice. Consult with an attorney licensed in the District of Columbia before use.