MOTION FOR DISCOVERY (CRIMINAL) — FLORIDA

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 CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

Motion for Discovery

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and pursuant to Florida Rule of Criminal Procedure 3.220, Florida Rule of Criminal Procedure 3.113, 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 Florida Constitutions, hereby moves this Honorable Court for an Order compelling the State of Florida 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 ☐ Information ☐ Indictment filed on or about [__/__/____].

2. Defendant filed a Notice of Discovery / Demand for Discovery on [__/__/____], triggering the State's reciprocal discovery obligations under Rule 3.220.

3. Despite the filing of said Notice, the State has not fully complied with its disclosure obligations under Rule 3.220 and Rule 3.113.

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, Section 9 of the Florida Constitution guarantee the Defendant's right to due process of law.

7. Article I, Section 16 of the Florida Constitution guarantees the right to a speedy and public trial by an impartial jury.

8. Florida Rule of Criminal Procedure 3.113 codifies the prosecution's obligation to disclose favorable and material information to the defense, consistent with Brady and Giglio.

Statutory Basis

9. Florida Rule of Criminal Procedure 3.220(b) sets forth the prosecution's extensive mandatory discovery obligations upon the filing of a Notice of Discovery by the defendant.

10. Florida Rule of Criminal Procedure 3.220(b)(1) requires disclosure of the names and addresses of all persons known to the prosecutor to have information relevant to the offense charged or any defense thereto.

11. Florida Rule of Criminal Procedure 3.220(b)(1)(A)-(R) enumerates specific categories of discoverable material.

12. Florida Rule of Criminal Procedure 3.113 requires the prosecuting attorney to disclose to the defense any information or material that is favorable to the defendant and that is material to guilt, innocence, or punishment ("Brady/Giglio material").

13. Florida Rule of Criminal Procedure 3.220(n) provides remedies for non-compliance.

Specific Discovery Requests

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

A. Witness Information

☐ The names and addresses of all persons known to the prosecutor to have information that may be relevant to the offense charged and to any defense thereto, as required by Rule 3.220(b)(1)(A).

☐ The statement of any person whose name is furnished, as required by Rule 3.220(b)(1)(A), including written statements signed or adopted by the person, and any statement written, recorded, or summarized in any writing or recording.

☐ All oral statements of prosecution witnesses, including notes or summaries.

B. Defendant's Statements

☐ Any written or recorded statements and the substance of any oral statements made by the Defendant, including a copy of any statements, as required by Rule 3.220(b)(1)(C).

☐ Any written or recorded statements and the substance of any oral statements made by a co-defendant, as required by Rule 3.220(b)(1)(D).

☐ Any transcripts of grand jury testimony of the accused.

C. Police Reports and Investigative Materials

☐ All police 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 the Florida Department of Law Enforcement (FDLE) or any other investigating agency.

D. Tangible Papers and Objects

☐ All papers or objects that were obtained from or belonged to the Defendant, as required by Rule 3.220(b)(1)(E).

☐ All tangible papers or objects that the prosecuting attorney intends to use in the hearing or trial, as required by Rule 3.220(b)(1)(J).

E. Laboratory and Forensic Reports

☐ All reports or statements of experts made in connection with the case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons, as required by Rule 3.220(b)(1)(F).

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

☐ All FDLE Crime Laboratory reports and underlying data.

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

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

☐ Any material information within the State's possession or control that tends to negate the guilt of the Defendant as to the offense charged, as required by Rule 3.220(b)(1)(G) and Rule 3.113.

☐ All information or material favorable to the Defendant and material to guilt, innocence, or punishment, as required by Rule 3.113.

☐ 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.

G. Recorded Witness Statements

☐ Whether the State has any material or information that has been provided by a confidential informant, as required by Rule 3.220(b)(1)(H).

☐ Whether a search warrant has been executed in connection with the case, as required by Rule 3.220(b)(1)(I).

H. Expert Reports and Opinions

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

☐ The qualifications and curriculum vitae of each expert witness.

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

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 electronic recordings, including wiretaps, recorded telephone calls, and jail calls, as required by Rule 3.220(b)(1)(K).

☐ 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 Criminal Record and Bad Acts

☐ A list of the Defendant's prior convictions, as required by Rule 3.220(b)(1)(L).

☐ Any evidence of prior bad acts, other crimes, or wrongs the State intends to introduce at trial pursuant to Florida Statute § 90.404(2).

☐ Reasonable notice of the general nature of any such evidence, as required by § 90.404(2)(b).

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, as required by Rule 3.220(b)(1)(D).

M. Guidelines and Procedures

☐ Guidelines and procedures used by any investigating law enforcement agency in the investigation of the case, to the extent such guidelines bear on the conduct of the investigation.

N. Additional Materials

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

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

☐ All records of any surveillance or monitoring orders.

☐ Any tangible objects or evidence the State intends to introduce at trial.

Certification of Good Faith

Undersigned counsel hereby certifies that a Demand for Discovery / Notice of Discovery was filed on [__/__/____], and that counsel has made good faith efforts to resolve this discovery matter informally with the Office of the State Attorney. Despite such efforts, the filing of this Motion is necessary to ensure complete and timely disclosure.

Proposed Order

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

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 State of Florida 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 disclose any additional discoverable material as it becomes known, pursuant to Rule 3.220(j).

ORDERED that the State shall comply with the disclosure requirements of Rule 3.113 regarding favorable and material information.

ORDERED that failure to comply with this Order may result in sanctions as provided under Rule 3.220(n).

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

[________________________________]
Circuit Judge, [________________________________] Judicial Circuit

Certificate of Service

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

[________________________________]
Assistant State Attorney
Office of the State Attorney
[________________________________] Judicial Circuit
[________________________________]
[________________________________]

by ☐ hand delivery ☐ U.S. Mail ☐ electronic filing (Florida Courts E-Filing Portal) ☐ facsimile

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

State-Specific Notes

Discovery Framework: Florida follows one of the broadest open-file discovery systems in the United States. Rule 3.220 provides extensive mandatory disclosure obligations triggered by the defendant's filing of a Notice of Discovery / Demand for Discovery.

Automatic Trigger: Discovery obligations are triggered when the defendant files a Notice of Discovery (formerly "Demand for Discovery"). Once filed, the State must disclose all material enumerated in Rule 3.220(b), and reciprocal obligations attach to the defense under Rule 3.220(d).

Discovery Depositions: Florida is unique in allowing discovery depositions in criminal cases. Under Rule 3.220(h), any party may take the deposition upon oral examination of any person authorized by the rule. This is a powerful tool not available in most other states.

Rule 3.113 — Brady/Giglio Codification: Florida Rule 3.113 independently codifies Brady/Giglio obligations, requiring the prosecuting attorney to disclose any information or material favorable to the defendant that is material to guilt, innocence, or punishment. This obligation exists regardless of whether the defendant files a discovery demand.

Reciprocal Discovery (Rule 3.220(d)): Once the defendant elects discovery, the defense must disclose: the names and addresses of witnesses (other than the defendant) the defense intends to call at trial, along with their statements; and all reports and statements of defense experts.

Timing: The State must comply with discovery obligations within 15 days of receipt of the defendant's Notice of Discovery, or as otherwise ordered by the court. Supplemental disclosure must be made promptly.

Continuing Duty (Rule 3.220(j)): Both parties have a continuing duty to disclose additional material that comes within the scope of discovery.

Work Product Protection (Rule 3.220(g)): Work product of the prosecution is not subject to disclosure. However, Brady/Giglio material must be disclosed regardless of any work product claim.

Protective Orders (Rule 3.220(l)): The court may restrict discovery or inspection to protect witnesses from harassment, intimidation, or unnecessary annoyance.

Sanctions (Rule 3.220(n)): If a party fails to comply with discovery, the court may order compliance, grant a continuance, exclude evidence, declare a mistrial, or make any other appropriate order.

Richardson Hearing: When the State violates discovery obligations, the defense may request a Richardson hearing (Richardson v. State, 246 So.2d 771 (Fla. 1971)) to determine whether the violation was willful or inadvertent, whether it was trivial or substantial, and what effect the violation had on the ability of the defendant to prepare for trial.

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