MOTION FOR DISCOVERY (CRIMINAL) — DELAWARE

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

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

Motion for Discovery

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and pursuant to Superior Court Criminal Rule 16, 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 Delaware Constitutions, hereby moves this Honorable Court for an Order compelling the State of Delaware 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 filed on or about [__/__/____].

2. The Defendant has a constitutional and rule-based right to obtain discoverable material in the possession, custody, or control of the prosecution.

3. Defense counsel has requested discovery from the Office of the Attorney General, and the State 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 Fourteenth Amendment to the United States Constitution and Article I, Sections 7 and 9 of the Delaware Constitution guarantee the Defendant's right to due process and a fair trial.

Statutory Basis

7. Superior Court Criminal Rule 16(a)(1)(A) requires the State to disclose any relevant written or recorded statements made by the defendant, the substance of relevant oral statements, and recorded grand jury testimony.

8. Superior Court Criminal Rule 16(a)(1)(B) requires the State to furnish the defendant's prior criminal record.

9. Superior Court Criminal Rule 16(a)(1)(C) requires disclosure of documents, data, photographs, and tangible objects material to preparing the defense, intended for use at trial, or obtained from the defendant.

10. Superior Court Criminal Rule 16(a)(1)(D) requires disclosure of reports of examinations and tests.

11. Superior Court Criminal Rule 16(a)(1)(E) requires disclosure of expert witness summaries.

12. Superior Court Criminal Rule 16(d) provides sanctions for non-compliance.

Specific Discovery Requests

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

A. Defendant's Statements

☐ Any relevant written or recorded statements made by the Defendant, whether before or after arrest, in response to interrogation by any person then known to the Defendant to be a state agent, as required by Rule 16(a)(1)(A).

☐ The substance of any relevant oral statement made by the Defendant to any state agent, as required by Rule 16(a)(1)(A).

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

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

B. Defendant's Prior Record

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

C. Witness Information

☐ The names, addresses, and telephone numbers of all persons known to the State 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.

D. Police Reports and Investigative Materials

☐ All Delaware State Police reports, local police reports, supplemental reports, incident reports, and investigative memoranda.

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

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

☐ All crime scene investigation reports and logs.

E. Documents and Objects

☐ All books, papers, documents, data, photographs, tangible objects, buildings, or places that are material to preparing the defense, intended for use by the State in its case-in-chief, or obtained from or belonging 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, as required by Rule 16(a)(1)(D).

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

☐ All reports from the Delaware Division of Forensic Science or any other laboratory.

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

☐ All underlying data and bench notes from laboratory testing.

G. Expert Witnesses

☐ A written summary of testimony the State intends to present through expert witnesses, including the witnesses' opinions, the bases and reasons for those opinions, and their qualifications, as required by Rule 16(a)(1)(E).

☐ The 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 internal affairs records or disciplinary history of testifying officers relevant to credibility.

I. 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 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.

J. 911 Calls and Communications

☐ All recordings of 911 calls and emergency dispatch communications.

☐ All transcripts of 911 calls and dispatch communications.

K. Prior Bad Acts Evidence

☐ Any evidence of prior bad acts, other crimes, or wrongs the State intends to introduce at trial pursuant to Delaware 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 State 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 orders.

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 Attorney General. Despite such efforts, the filing of this Motion is necessary to ensure complete and timely disclosure.

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

ID 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 State of Delaware 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 State shall have a continuing obligation to promptly 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 [________________], [________].

[________________________________]
Judge, Superior Court of the State of Delaware

Certificate of Service

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

[________________________________]
Deputy Attorney General
Department of Justice
[________________________________]
[________________________________]
[________________________________]

by ☐ hand delivery ☐ U.S. Mail ☐ electronic filing (File & Serve) ☐ facsimile

[________________________________]
Attorney for Defendant
Delaware Bar ID No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Discovery Framework: Delaware follows a modified closed-file discovery system. Superior Court Criminal Rule 16 closely mirrors the Federal Rule 16, with discovery limited to specific categories of material rather than broad open-file disclosure.

Key Limitation — Witness Statements: Under Rule 16(a)(2), the rule does NOT authorize pretrial discovery of reports, memoranda, or other internal state documents, or of statements by state witnesses or prospective state witnesses (except those covered under Rule 16(a)(1)(A)-(E)). This is similar to the federal Jencks Act limitation.

How to Obtain Witness Statements:
- Brady/Giglio grounds: Witness statements containing exculpatory or impeachment material must be disclosed regardless of Rule 16(a)(2).
- Court order: Under Rule 16(a)(1)(C), the court may order disclosure of materials that are "material to preparing the defense."
- Post-testimony: After a witness testifies on direct at trial, the defendant may request prior statements (Jencks-type).

Prosecution by Attorney General: In Delaware, the Attorney General's Office (not a District Attorney) prosecutes criminal cases. Address discovery requests to the Deputy Attorney General assigned to the case.

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

Work Product Protection (Rule 16(a)(2)): Internal memoranda, reports, and documents made by the Attorney General or state agents in connection with investigating or prosecuting the case are protected. Brady/Giglio material is not protected.

Continuing Duty (Rule 16(c)): Both parties have a continuing duty to promptly disclose additional evidence or material previously requested or ordered that is subject to discovery.

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

Three Counties: Delaware has only three counties (New Castle, Kent, Sussex). Ensure the correct county is identified in the caption.

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