Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — IDAHO

Table of Contents

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

1. Caption

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

2. Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Idaho Criminal Rule 16, respectfully moves this Honorable Court for an Order directing the State to disclose and produce the materials described herein.

This motion is filed as both a Request for Discovery under ICR 16(b) and, to the extent additional materials are sought, a Motion for Additional Discovery under ICR 16(e), based upon substantial need in the preparation of the defense.

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.
• Idaho Constitution, Art. I, §§ 7 and 13 — Due process and rights of the accused.

4. Rule Authority

• ICR 16(a) — Prosecutorial obligation to disclose exculpatory evidence
• ICR 16(b) — Defendant's Request for Discovery
• ICR 16(c) — State's Request for Discovery (reciprocal obligations)
• ICR 16(e) — Additional Discovery by Motion (substantial need)
• ICR 16(f) — Response time (14 days)
• ICR 16(i) — Sanctions for non-compliance

5. Categories of Discovery Requested

The Defendant respectfully requests the State to disclose the following:

A. Witness Information

☐ Names and addresses of all persons having knowledge of relevant facts
☐ Written or recorded statements of all witnesses the State intends to call at trial
☐ Prior criminal records of all prosecution witnesses
☐ Any agreements, promises, or inducements made to witnesses

B. Defendant's Statements

☐ Any written or recorded statements or confessions made by the Defendant
☐ Substance of any relevant 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, field notes, memoranda, and correspondence
☐ 911 call recordings and dispatch/CAD logs
☐ Body-worn camera and dashboard camera footage
☐ Surveillance video from any source in the State's possession or control

D. Laboratory and Scientific Evidence

☐ Results or reports of physical or mental examinations (ICR 16(b)(5))
☐ Results or reports of scientific tests, experiments, or comparisons (ICR 16(b)(6))
☐ 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 (ICR 16(a))
☐ 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 by law enforcement during the investigation

G. Prior Acts Evidence

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

H. Co-Defendant Information

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

I. Documents and Tangible Objects

☐ All documents, books, papers, photographs, and tangible objects the State intends to introduce at trial (ICR 16(b)(4))
☐ 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 counsel has made a reasonable effort to confer with the prosecuting attorney regarding voluntary disclosure of the requested materials, and that the materials requested are necessary for the preparation of the defense.

7. Proposed Order

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

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 ICR 16(g).

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

_______________________________________________
District Judge
[________________________________] Judicial District

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]
[County Prosecuting Attorney's Office]
[________________________________]
[________________________________]

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic filing via iCourt e-file

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

9. Idaho Practice Notes

Two-Track Discovery:

• ICR 16(b) allows a defendant to serve a written Request for Discovery directly on the prosecutor without a court order. The prosecutor must respond within 14 days (ICR 16(f)(1)).
• ICR 16(e) provides for a Motion for Additional Discovery, requiring a showing of substantial need and inability to obtain the material by other means. This requires a court order.

Response Timeline:

• The State must respond to a written discovery request within 14 days (ICR 16(f)(1)).
• Continuing duty to supplement responses applies (ICR 16(g)).

Reciprocal Discovery:

• Once the Defendant requests discovery, the State may serve a reciprocal discovery request under ICR 16(c). The Defendant must respond within 14 days.

Sanctions for Non-Compliance:

• Under ICR 16(i), if a party fails to comply, the court may order discovery, exclude evidence, grant a continuance, dismiss charges, or enter other appropriate relief.

Protective Orders:

• Under ICR 16(k), the court may deny, restrict, or defer discovery for good cause, including risk of harm to witnesses.

Electronic Filing:

• Idaho courts use the iCourt electronic filing system. Discovery motions should be filed electronically where available.

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