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
9. Indiana Practice Notes

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 Rules 2.5 through 2.8, respectfully moves this Honorable Court for an Order directing the State to comply with its automatic discovery obligations and to disclose any additional materials as described herein.

The Defendant states that the prosecution has [failed to provide automatic discovery within the 30-day period required by Criminal Rule 2.5 / not provided complete discovery]. This motion is filed to compel full compliance and to seek any additional discovery necessary for 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.
• Indiana Constitution, Art. I, §§ 12 and 13 — Due course of law and rights of the accused.

4. Rule Authority

• Criminal Rule 2.5(a) — Prosecution's automatic disclosure obligations
• Criminal Rule 2.5(b) — Defendant's reciprocal disclosure obligations
• Criminal Rule 2.6 — Expert witness disclosure
• Criminal Rule 2.7 — Continuing duty to disclose
• Criminal Rule 2.8 — Regulation of discovery; protective orders; sanctions

5. Categories of Discovery Requested

The Defendant respectfully requests the State to disclose and produce the following:

A. Witness Information (Criminal Rule 2.5(a))

☐ Names and contact information for all witnesses the State intends to call, 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
☐ Information regarding witness credibility and any benefits conferred

B. Defendant's Statements (Criminal Rule 2.5(a))

☐ Written, oral, or recorded statements made by the Defendant
☐ Written, oral, or recorded statements made by any co-defendant
☐ Grand jury transcripts containing testimony of witnesses the State intends to call
☐ 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 (Criminal Rule 2.5(a))

☐ Expert reports made in connection with the case
☐ 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 opinions of expert witnesses (Criminal Rule 2.6)

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 and videos taken during the investigation

G. Prior Acts Evidence

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

H. Co-Defendant Information

☐ Statements of co-defendants (Criminal Rule 2.5(a))
☐ 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 (Criminal Rule 2.5(a))

☐ All documents, photographs, videos, 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 automatic discovery deadline under Criminal Rule 2.5 has passed without full compliance by the State, and that counsel has made a reasonable effort to confer with the prosecuting attorney prior to filing.

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 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 Criminal Rule 2.7.

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 filing via Odyssey e-filing system

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

9. Indiana Practice Notes

Automatic Discovery (2024 Rule Changes):
- Effective January 1, 2024, Indiana Criminal Rule 2.5 introduced automatic discovery — the prosecution must disclose specified materials within 30 days of the initial hearing without any defense request.
- This replaced the prior system (former Rule 21) that required a defense motion to trigger disclosure.

Prosecution's Automatic Obligations:
- Witness names, contact information, and statements
- Defendant's and co-defendant's written, oral, or recorded statements
- Grand jury transcripts of witnesses the State intends to call
- Expert reports
- Documents, photographs, videos, and tangible objects intended for trial use or obtained from the Defendant

Reciprocal Discovery:
- The Defendant must provide reciprocal disclosure within 30 days after the prosecution's disclosure, including witness lists, expert reports, and evidence intended for trial.
- Statutory defenses must be disclosed in writing by the applicable statutory deadline.

Continuing Duty:
- Under Criminal Rule 2.7, both parties have a continuing duty to supplement disclosures.

Sanctions:
- Under Criminal Rule 2.8, if a party fails to comply, the court may order compliance, grant a continuance, exclude evidence, or impose other appropriate sanctions.

Electronic Filing:
- Indiana courts use the Odyssey electronic filing system. Discovery motions should be filed electronically.

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