Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — HAWAII

Table of Contents

1. Caption
2. Introduction
3. Constitutional Basis
4. Statutory and Rule Authority
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service
9. Hawaii Practice Notes

1. Caption

IN THE [CIRCUIT / DISTRICT] COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAII

2. Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Rule 16 of the Hawaii Rules of Penal Procedure (HRPP), respectfully moves this Honorable Court for an Order directing the prosecution to disclose and produce the materials described herein.

This motion is made on the grounds that the requested materials are relevant and material to the preparation of the defense, and that disclosure is required under HRPP Rule 16, the United States Constitution, and the Hawaii Constitution.

3. Constitutional Basis

The Defendant's right to discovery is grounded in:

• Brady v. Maryland, 373 U.S. 83 (1963) — The prosecution must disclose all material exculpatory evidence.
• Giglio v. United States, 405 U.S. 150 (1972) — The prosecution must disclose impeachment evidence.
• United States Constitution, Amendments V, VI, and XIV — Due process and right to a fair trial.
• Hawaii Constitution, Art. I, §§ 5 and 14 — Due process and rights of the accused.

4. Statutory and Rule Authority

• HRPP Rule 16(b) — Disclosure by the prosecution
• HRPP Rule 16(c) — Disclosure of matters not in the prosecution's possession
• HRPP Rule 16(d) — Disclosure by the defendant (reciprocal obligations)
• HRPP Rule 16(e) — Regulation of discovery (continuing duty, protective orders, sanctions)
• HRPP Rule 16.1 — Discovery in non-felony cases (discretionary application)

5. Categories of Discovery Requested

The Defendant respectfully requests disclosure and production of the following:

A. Witness Information

☐ Names and last known addresses of all persons known to the prosecution who may have relevant knowledge
☐ Written or recorded statements of each witness the State intends to call at trial
☐ Criminal history records of all prosecution witnesses
☐ Any agreements, promises, or inducements made to witnesses in exchange for testimony

B. Defendant's Statements

☐ Any written or recorded statements made by the Defendant
☐ Substance of any oral statements made by the Defendant to any law enforcement officer
☐ Grand jury testimony of the Defendant, if any
☐ Results of any identification procedures involving the Defendant

C. Police and Investigative Reports

☐ All police reports, incident reports, and supplemental reports
☐ All investigative notes, memoranda, and correspondence
☐ 911 call recordings and dispatch/CAD logs
☐ Body-worn camera and dashboard camera footage
☐ Any surveillance video in the State's possession or control

D. Laboratory and Scientific Evidence

☐ Results or reports of physical or mental examinations
☐ Results or reports of scientific tests, experiments, or comparisons
☐ Chain of custody documentation for all physical evidence
☐ Names, qualifications, and reports of expert witnesses the State intends to call

E. Exculpatory and Impeachment Material

☐ All exculpatory evidence required under Brady v. Maryland
☐ All impeachment material required under Giglio v. United States
☐ Prior inconsistent statements of prosecution witnesses
☐ Internal affairs files or disciplinary records of testifying officers
☐ Evidence of bias, motive, or interest of any prosecution witness

F. Electronic and Digital Evidence

☐ Cell phone records, text messages, emails, and social media evidence
☐ GPS and location data
☐ Computer forensic reports and digital analysis
☐ All photographs taken during the investigation

G. Prior Acts Evidence

☐ Notice of intent to introduce evidence of other crimes, wrongs, or acts under Hawaii Rules of Evidence Rule 404(b)
☐ Any evidence of prior bad acts the State intends to use

H. Co-Defendant Information

☐ Statements made by co-defendants
☐ Plea agreements, immunity grants, or cooperation agreements with co-defendants or co-conspirators
☐ Any severance or joinder motions in related cases

I. Documents and Tangible Objects

☐ All documents, books, papers, photographs, and tangible objects the State intends to use at trial
☐ Any items obtained from or belonging to the Defendant
☐ Search warrant applications, affidavits, and returns

6. Good Faith Certification

Undersigned counsel certifies that this Motion is filed in good faith, that the materials requested are not sought for purposes of delay, and that counsel has attempted to confer with the prosecuting attorney regarding voluntary disclosure prior to filing.

7. Proposed Order

IN THE [CIRCUIT / DISTRICT] COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAII

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Case No.: [________________________________]

Having considered the Defendant's Motion for Discovery, it is hereby:

☐ GRANTED. The State shall comply with the Defendant's discovery requests within [____] days of this Order.

☐ GRANTED IN PART as to the following categories: [________________________________]

☐ DENIED for the following reasons: [________________________________]

☐ The State shall have a continuing duty to disclose newly discovered material pursuant to HRPP Rule 16(e)(3).

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

_______________________________________________
Judge, [Circuit / District] Court
[First / Second / Third / Fifth] Circuit, State of Hawaii

8. Certificate of Service

I hereby certify that on this [____] day of [________________], [________], I have served a true and correct copy of the foregoing Motion for Discovery upon:

[PROSECUTING ATTORNEY NAME]
Office of the Prosecuting Attorney
[________________________________]
[________________________________]

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic filing / e-service

_______________________________________________
[ATTORNEY NAME], Hawaii Bar No. [________]
Attorney for Defendant
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

9. Hawaii Practice Notes

Felony vs. Non-Felony Cases:

• HRPP Rule 16 provides mandatory disclosure for felony cases.
• HRPP Rule 16.1 governs non-felony criminal and criminal traffic cases. Disclosure is discretionary and requires a showing of materiality and reasonableness.

Timing:

• Pretrial motions must be made within 21 days after arraignment unless the court directs otherwise (HRPP Rule 12(b)).
• Discovery obligations are ongoing; the State has a continuing duty to disclose (HRPP Rule 16(e)(3)).

Performance of Obligations:

• Under HRPP Rule 16(e)(1), parties may perform discovery obligations by mutual agreement or by notifying the other party that materials are available for inspection at specified reasonable times and places.

Informant Privilege:

• HRPP Rule 16(e)(6) protects informant identity where the informant's identity is a prosecution secret and nondisclosure does not infringe the Defendant's constitutional rights.

Sanctions:

• Under HRPP Rule 16(e)(9), if a party fails to comply with Rule 16, the court may order disclosure, grant a continuance, exclude evidence, or enter other appropriate relief.

Protective Orders:

• The court may issue protective orders under HRPP Rule 16(e)(5) to deny, restrict, or defer discovery upon a showing of good cause.

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