Motion for Discovery (Criminal) - Indiana

MOTION FOR DISCOVERY (CRIMINAL) — INDIANA

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

1. Caption

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

2. Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Indiana Criminal Rule 2.5(A)(1), respectfully moves this Court for an order directing the State to disclose the specific material identified below. The motion states its contentions, reasons, and authorities as Criminal Rule 2.7 requires.

The initial hearing occurred on [DATE]; defense counsel appeared on [DATE]; and any pro se appearance occurred on [DATE]. The latest applicable event was [EVENT] on [DATE]. The Rule 2.5(B)(1) thirty-day period ended on [DATE]. The State provided [ITEMS AND DATES], but has not provided [SPECIFIC ITEMS]. On [DATE], counsel requested those items and the State responded [RESPONSE]. [IF SEEKING ADDITIONAL MATERIAL UNDER RULE 2.5(B)(5), EXPLAIN ITS MATERIALITY TO DEFENSE PREPARATION.]

3. Constitutional Basis

The Defendant's right to discovery is grounded in:

• Brady v. Maryland, 373 U.S. 83 (1963), holds that suppressing favorable evidence material to guilt or punishment violates due process regardless of good or bad faith.
• Giglio v. United States, 405 U.S. 150 (1972), applies the favorable-evidence rule to material credibility evidence, including an undisclosed promise to a key witness.
• Criminal Rule 2.5(B)(3)-(4) separately requires disclosure of material tending to negate guilt or reduce punishment and, before trial subject to protective orders, criminal convictions or other evidence usable to impeach intended State witnesses.

4. Rule Authority

• Criminal Rule 2.5(A)(1) — A written motion may compel compliance, seek additional discovery, request protection, or seek more time.
• Criminal Rule 2.5(B)(1)-(5) — State disclosures, deadline, favorable and impeachment material, and additional unprivileged discovery upon a materiality showing.
• Criminal Rule 2.5(A)(4), (C), (F) — Supplemental disclosure, reciprocal defense duties, and discovery restrictions and sanctions.
• Criminal Rule 2.7 — Written motions must give specific contentions, reasons, and legal authorities.

5. Categories of Discovery Requested

Defendant seeks the checked items to the extent they are within the State's possession or control and fall within the cited rule. For each item, identify what remains missing, why the rule applies, and what the State said in response. Delete categories that do not arise in this case.

A. Material within Criminal Rule 2.5(B)(2)

☐ Names and last known addresses of intended State witnesses and their relevant written or recorded statements, Rule 2.5(B)(2)(a): [SPECIFIC MISSING MATERIAL]. If contact information is withheld for the safety reason in that subsection, request reasonable access to the witness.

☐ Written, oral, or recorded statements of Defendant or a co-defendant, and the list of witnesses to making and acknowledgment, Rule 2.5(B)(2)(b): [SPECIFIC MISSING MATERIAL].

☐ Portions of grand jury minutes containing testimony of intended State witnesses, Rule 2.5(B)(2)(c): [SPECIFIC MISSING MATERIAL].

☐ Reports or statements of experts connected with this case, including physical or mental examination and scientific-test results, Rule 2.5(B)(2)(d): [SPECIFIC MISSING MATERIAL].

☐ Documents, photographs, recordings, electronically stored material, or tangible objects the prosecutor intends to use at a hearing or trial, Rule 2.5(B)(2)(e): [SPECIFIC ITEMS AND PROPOSED USE].

☐ Documents, photographs, recordings, electronically stored material, or tangible objects obtained from or belonging to Defendant, Rule 2.5(B)(2)(f): [SPECIFIC ITEMS].

☐ Documents produced under Criminal Rule 1.4 and covered by Rule 2.5(B)(2)(g): [SPECIFIC ITEMS].

B. Favorable and impeachment material

☐ Information within the State's possession or control tending to negate guilt or reduce punishment, Rule 2.5(B)(3), including [SPECIFIC MATERIAL OR BASIS FOR BELIEF].

☐ Prior convictions or other evidence usable to impeach intended State witnesses, before trial and subject to protective orders, Rule 2.5(B)(4), including [SPECIFIC WITNESS OR MATERIAL].

☐ Material favorable evidence or material impeachment evidence under Brady and Giglio, including [SPECIFIC EVIDENCE, WITNESS, OR KNOWN PROMISE].

C. Additional discovery under Criminal Rule 2.5(B)(5)

☐ The following unprivileged material is not covered by the automatic categories but is material to preparation of the defense: [SPECIFIC ITEM]. It bears on [DEFENSE ISSUE AND REASON]; Defendant requested it on [DATE], and the State responded [RESPONSE].

Defendant does not seek privileged communications or protected work product absent the showing described in Rule 2.5(A)(3). Any requested copy of sensitive or illegal-to-distribute material remains subject to Rule 2.5(F)(1)-(2); Defendant requests review access or a tailored protective order where a copy is restricted.

6. Good Faith Certification

Undersigned counsel states that on [DATE], counsel contacted [PROSECUTOR] by [METHOD] about [SPECIFIC ITEMS]. The response was [RESPONSE]. The facts stated in Section 2 explain the discovery deadline and remaining dispute. Counsel seeks only material supported by the cited rule or the stated Rule 2.5(B)(5) materiality showing.

7. Proposed Order

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Cause No.: [________________________________]

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

☐ GRANTED. The State shall provide the items identified in [MOTION PARAGRAPHS] within [____] days of this Order, subject to [PROTECTIVE TERMS, IF ANY].

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

☐ DENIED for the following reasons: [________________________________]

☐ The parties shall continue to supplement disclosure within a reasonable time under Criminal Rule 2.5(A)(4).

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

_______________________________________________
Judge, [________________________________] Court
[________________________________] County, Indiana

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 [________________________________] County Prosecutor
[________________________________]
[________________________________]

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic service through the court-approved e-filing system

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