MOTION FOR DISCOVERY (CRIMINAL) — KENTUCKY

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. Kentucky Practice Notes

1. Caption

COMMONWEALTH OF KENTUCKY
[________________________________] CIRCUIT COURT
[________________________________] COUNTY

2. Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Kentucky Rules of Criminal Procedure (RCr) 7.24, respectfully moves this Honorable Court for an Order directing the Commonwealth to disclose and produce the materials described herein.

The Defendant states that the materials requested are material to the preparation of the defense and that disclosure is required under RCr 7.24, the United States Constitution, and the Kentucky 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.
• Kentucky Constitution, §§ 2 and 11 — Due process and rights of the accused.

4. Rule Authority

• RCr 7.24(1) — Inspection of statements, confessions, and examination reports upon defense motion
• RCr 7.24(2) — Inspection of documents and tangible objects upon defense motion with showing of materiality
• RCr 7.24(3) — Witness statements to be produced no later than 48 hours before trial
• RCr 7.24(4) — Expert testimony notice required 20 days before trial
• RCr 7.26 — Regulation of discovery; protective orders; sanctions

5. Categories of Discovery Requested

The Defendant respectfully requests the Commonwealth to disclose the following:

A. Witness Information

☐ Names and addresses of all witnesses the Commonwealth intends to call at trial
☐ Written or recorded statements of each witness (RCr 7.24(3))
☐ Prior criminal 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 (RCr 7.24(1))

☐ Any oral incriminating statement made by the Defendant
☐ Written or recorded statements and confessions made by the Defendant
☐ Results or reports of physical or mental examinations made in the case
☐ Results or reports of scientific tests or experiments
☐ Grand jury testimony of the Defendant, if any

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 Commonwealth's possession

D. Laboratory and Scientific Evidence (RCr 7.24(1))

☐ 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 (RCr 7.24(4))

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 Kentucky Rule of Evidence (KRE) 404(b)
☐ Any prior bad acts evidence the Commonwealth 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 (RCr 7.24(2))

☐ All books, papers, documents, photographs, and tangible objects within the Commonwealth's possession, custody, or control that are material to the defense (upon showing of materiality)
☐ Items the Commonwealth intends to use at trial
☐ 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 Commonwealth's Attorney regarding voluntary disclosure prior to filing, and that the materials requested are material to the preparation of the defense.

7. Proposed Order

COMMONWEALTH OF KENTUCKY
[________________________________] CIRCUIT COURT

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Case No.: [________________________________]

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

☐ GRANTED. The Commonwealth 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: [________________________________]

☐ Witness statements shall be produced no later than 48 hours prior to trial pursuant to RCr 7.24(3).

☐ The Commonwealth shall have a continuing duty to disclose newly discovered material.

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

_______________________________________________
Circuit Judge
[________________________________] Circuit Court, Kentucky

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:

[COMMONWEALTH'S ATTORNEY NAME]
Office of the Commonwealth's Attorney
[________________________________] Judicial Circuit
[________________________________]
[________________________________]

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic filing via KY eCourts

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

9. Kentucky Practice Notes

Four-Part Discovery Rule:
- RCr 7.24(1) — Upon defense motion, the court shall order the Commonwealth to disclose oral incriminating statements, written statements, confessions, and results of examinations and scientific tests.
- RCr 7.24(2) — Upon defense motion with a showing of materiality and reasonableness, the court may order inspection of books, papers, documents, and tangible objects.
- RCr 7.24(3) — The Commonwealth must produce witness statements no later than 48 hours before trial, except for good cause shown. This includes signed or initialed statements and substantially verbatim statements.
- RCr 7.24(4) — If the defendant intends to introduce expert testimony on mental condition, notice must be provided 20 days before trial.

Reciprocal Discovery:
- Kentucky discovery under RCr 7.24 is reciprocal. After the court grants a defense discovery motion, the Commonwealth may request reciprocal disclosure from the defense.

Open File Practice:
- Some Commonwealth's Attorney offices maintain an open file policy. However, this practice is discretionary and does not eliminate the need for a formal motion to preserve the record.

Regulation of Discovery (RCr 7.26):
- The court may deny, restrict, or defer discovery upon a showing of good cause. Protective orders may be issued to prevent risk of harm.

Sanctions:
- Under RCr 7.26, if a party fails to comply, the court may order compliance, grant a continuance, exclude evidence, or enter other sanctions.

KRE 404(b) Notice:
- Under Kentucky Rule of Evidence 404(b), the prosecution must provide reasonable pretrial notice of intent to introduce other-crimes evidence. Request this notice specifically in the motion.

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