Motion for Discovery (Criminal)

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 material 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)(3) independently requires the State to disclose, as soon as practicable, evidence favorable to the defendant on guilt or punishment, including exculpatory facts, promises or inducements to intended witnesses, and convictions usable to impeach intended witnesses.

8. Rule 16(b)(1)(A)-(C) covers defendant and codefendant statements, law-enforcement investigative reports and search warrants, and the names and written or recorded statements of relevant non-law-enforcement witnesses, subject to the Rule's redaction and restricted-dissemination provisions.

9. Rule 16(b)(1)(D)-(F) covers the defendant's prior record, documents and tangible objects, and reports of examinations and tests.

10. Rule 16(b)(1)(G) requires a written response identifying an expert witness and the substance of opinions the State may present under Delaware Rules of Evidence 702, 703, or 705.

11. Rule 16(e) imposes a continuing duty to disclose additional discoverable material or required notice.

12. Rule 16(h) authorizes the court to order discovery, grant a continuance, prohibit undisclosed evidence, or enter another just order after considering whether the party seeking a remedy moved to compel.

Specific Discovery Requests

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

A. Defendant's Statements

☐ Any relevant written, recorded, or oral statements made by the Defendant or a codefendant within Rule 16(b)(1)(A).

☐ Any written record containing the substance of a relevant oral statement made by the Defendant in response to interrogation by a person then known to be a state agent.

☐ 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(b)(1)(D).

C. Witness Information

☐ The names of all non-law-enforcement persons known to the State to have evidence or information relevant to an offense charged, subject to Rule 16(c)'s personal-identifying-information protections.

☐ All written or recorded statements of any prosecution witness.

☐ Written or recorded witness statements as defined by Rule 16(b)(1)(C), including qualifying reports or summaries in the State's possession, custody, or control.

D. Police Reports and Investigative Materials

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

☐ Discoverable portions of notes or other records whose substance is subject to disclosure under Rule 16 or another governing authority; this request does not seek privileged attorney work product.

☐ 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(b)(1)(E).

F. Reports of Examinations and Tests

☐ All results or reports of physical or mental examinations and of scientific tests or experiments within Rule 16(b)(1)(F).

☐ 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

☐ The written expert disclosure required by Rule 16(b)(1)(G), including the witness's identity and the substance of the opinions to be expressed.

☐ 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 relief under Superior Court Criminal Rule 16(h).

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

Current Discovery Framework: Rule 16 was substantially amended effective September 1, 2023. It now expressly covers relevant law-enforcement investigative reports and search warrants under Rule 16(b)(1)(B), and names and written or recorded statements of relevant non-law-enforcement witnesses under Rule 16(b)(1)(C). Do not use the superseded federal-style subsection map.

Redaction and Restricted Dissemination: Rule 16(c) permits redaction of personal identifying information and permits evidence or material to be designated as Restricted Dissemination Material. Any motion for unredacted information or relief from a designation should address good cause and protective conditions.

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(d)): After specified defense requests and State compliance, the State may request reciprocal documents, test reports, expert disclosures, a witness list and statements, and notice of listed defenses, subject to the Rule's conditions.

Work Product Protection (Rule 16(b)(2)): Confidential, privileged, or attorney-work-product internal State documents remain protected except for the investigative-report disclosures in Rule 16(b)(1)(B), material additions or inconsistencies from later witness interviews, and other controlling disclosure duties.

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.

Timing and Enforcement: Unless the court sets other dates, Rule 16(i) requires the State's initial response within 45 days after the request and a motion to compel within ten days after the response period. Rule 16(h) supplies remedies for noncompliance.

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

OFFICIAL SOURCE CHECKED FOR THIS UPDATE

• Delaware Courts — Rules of Criminal Procedure, Superior Court of Delaware

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