Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — ILLINOIS

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. Illinois Practice Notes

1. Caption

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY, ILLINOIS

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Illinois Supreme Court Rules 412 through 415 and the Code of Criminal Procedure, 725 ILCS 5/114-1 et seq., respectfully moves this Honorable Court to enter an Order directing the State to disclose and produce the materials described herein.

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.
• Illinois Constitution, Art. I, §§ 2 and 8 — Due process and rights of the accused.

4. Statutory and Rule Authority

• Supreme Court Rule 412(a) — Disclosure of evidence and materials to the accused
• Supreme Court Rule 412(c) — Additional disclosures upon motion showing good cause
• Supreme Court Rule 413 — Reciprocal disclosure by the defense
• Supreme Court Rule 415 — Regulation of discovery; sanctions; protective orders
• 725 ILCS 5/114-13 — Investigative material to be provided to prosecutor
• 725 ILCS 5/114-10 — Discovery of rebuttal witnesses

5. Categories of Discovery Requested

The Defendant respectfully requests the State to disclose the following pursuant to Supreme Court Rule 412:

A. Witness Information (Rule 412(a)(i))

☐ Names and last known addresses of all persons whom the State intends to call as witnesses, together with their relevant written or recorded statements
☐ Criminal history records of all prosecution witnesses
☐ Any agreements, promises, or inducements made to witnesses in exchange for testimony
☐ Any information relevant to the credibility of prosecution witnesses

B. Defendant's Statements (Rule 412(a)(ii))

☐ Written or recorded statements made by the Defendant
☐ Substance of any oral statements made by the Defendant to any State agent
☐ Grand jury testimony of the Defendant, if any
☐ Transcripts of electronic surveillance of the Defendant's conversations

C. Police and Investigative Reports

☐ All police reports, incident reports, and supplemental reports
☐ All investigative notes, field notes, memoranda, and correspondence (725 ILCS 5/114-13)
☐ 911 call recordings and dispatch/CAD logs
☐ Body-worn camera and dashboard camera footage (50 ILCS 706/10-20)
☐ Surveillance video from any source in the State's possession or control

D. Laboratory and Scientific Evidence (Rule 412(a)(iv))

☐ Results or reports of physical or mental examinations
☐ Results or reports of scientific tests, experiments, or comparisons
☐ Reports of forensic laboratory analysis, including DNA testing
☐ 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, disciplinary records, and Giglio disclosures for 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 other-crimes evidence under Illinois Rule of Evidence 404(b)
☐ Notice of intent to introduce evidence under 725 ILCS 5/115-7.3 (sex offense cases) or 725 ILCS 5/115-7.4 (domestic violence cases)
☐ Any evidence of prior bad acts the State intends to introduce

H. Co-Defendant Information

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

I. Documents and Tangible Objects (Rule 412(a)(iii))

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

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 State's Attorney regarding voluntary disclosure, and that the materials requested are necessary for the preparation of the defense.

7. Proposed Order

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY, ILLINOIS

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 Supreme Court Rule 415(b).

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

_______________________________________________
Judge, Circuit Court
[________________________________] County, Illinois

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:

[STATE'S ATTORNEY NAME]
Office of the State's Attorney
[________________________________] County
[________________________________]
[________________________________]

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

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

9. Illinois Practice Notes

Broad Discovery Rights:

• Illinois has one of the broadest criminal discovery frameworks in the country. Supreme Court Rules 412-415 require both sides to file pretrial statements listing all witnesses, testimony, and evidence.
• Under Rule 412(a), the State must disclose upon written motion by the defense. This motion triggers the disclosure obligation.

Reciprocal Discovery:

• Under Rule 413, once the Defendant files a motion under Rule 412, the State may request reciprocal disclosure from the defense, including witness lists, expert reports, and defenses to be raised.

Investigative Material:

• 725 ILCS 5/114-13 requires investigating officers to provide the prosecutor with all investigative material, including field notes. This ensures the prosecution's discovery obligations extend to material held by law enforcement.

Continuing Duty:

• Under Rule 415(b), both parties have a continuing duty to disclose newly discovered evidence or information promptly.

Sanctions:

• Under Rule 415(g), if a party fails to comply, the court may order compliance, grant a continuance, exclude evidence, declare a mistrial, or impose other sanctions.

Body Camera Footage:

• The Illinois Law Enforcement Officer-Worn Body Camera Act (50 ILCS 706/) governs body camera footage. Requests should specifically reference this Act.

Timing:

• Discovery motions should be filed as soon as practicable after arraignment. Many circuits have local rules setting specific deadlines for discovery completion.

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