Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — LOUISIANA

Table of Contents

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

1. Caption

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]
STATE OF LOUISIANA

2. Introduction

NOW INTO COURT, through undersigned counsel, comes the Defendant, [DEFENDANT FULL NAME], who respectfully moves this Honorable Court pursuant to Louisiana Code of Criminal Procedure Articles 716 through 729.1 for an Order directing the State to disclose and produce the materials described herein.

Pursuant to Article 729, this motion includes all relief sought under Chapter 5 of the Code of Criminal Procedure (Discovery and Inspection).

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.
• Louisiana Constitution, Art. I, §§ 2, 13, and 16 — Due process and rights of the accused.

4. Statutory Authority

• Art. 716 — Statements by the defendant, co-defendants, and witnesses
• Art. 717 — Disclosure of criminal records and inducements to witnesses
• Art. 718 — Documents and tangible objects
• Art. 719 — Reports of examinations and tests
• Art. 720 — Evidence of other crimes
• Art. 721 — Statements of coconspirators
• Art. 722 — Confessions and statements of codefendants
• Art. 723 — Matters not subject to discovery (work product)
• Art. 729 — Time and scope of motion
• Art. 729.1 — Court's disposition of motion

5. Categories of Discovery Requested

The Defendant respectfully requests the State to disclose the following:

A. Defendant's Statements (Art. 716)

☐ Any written or recorded confession or statement made by the Defendant
☐ The substance of any oral confession or statement made by the Defendant to any law enforcement officer
☐ Any written or recorded statement of a co-defendant
☐ Names and addresses of all witnesses to any confession or statement

B. Witness Information (Art. 716, Art. 717)

☐ Names and addresses of all persons whom the State intends to call as witnesses
☐ Written or recorded statements of all witnesses the State intends to call
☐ Criminal records of the defendant and all prosecution witnesses (Art. 717)
☐ Any agreements, promises, inducements, or benefits conferred upon witnesses by the State (Art. 717)

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 (Art. 719)

☐ 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 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 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 (Art. 720)

☐ Disclosure of evidence of other crimes which the State intends to use at trial (Art. 720)
☐ Notice of intent to introduce other-crimes evidence under La. C.E. Art. 404(B)
☐ Evidence under La. C.E. Art. 412.2 (sex offense cases), if applicable

H. Co-Defendant and Coconspirator Information (Arts. 721, 722)

☐ Statements of coconspirators (Art. 721)
☐ Confessions and statements of codefendants (Art. 722)
☐ Plea agreements, immunity grants, or cooperation agreements with co-defendants or coconspirators
☐ Severance or joinder motions filed in related cases

I. Documents and Tangible Objects (Art. 718)

☐ All documents and tangible objects the State intends to use at trial (Art. 718)
☐ All documents and tangible objects obtained from or belonging to the Defendant (Art. 718)
☐ 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 this motion includes all discovery relief sought under Chapter 5 of the Code of Criminal Procedure as required by Article 729, and that counsel has made a reasonable effort to confer with the district attorney regarding voluntary disclosure.

7. Proposed Order

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], STATE OF LOUISIANA

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Docket No.: [________________________________]

Having considered the Defendant's Motion for Discovery:

☐ 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.

THUS DONE AND SIGNED this [____] day of [________________], [________].

_______________________________________________
District Judge
[________________________________] Judicial District Court

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:

[DISTRICT ATTORNEY NAME]
Office of the District Attorney
[________________________________] Judicial District
[________________________________]
[________________________________]

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

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

9. Louisiana Practice Notes

Comprehensive First Motion Required:

• Article 729 requires that the discovery motion include ALL relief sought under the chapter. A subsequent motion may be considered only upon a showing that it is in the interest of justice. Draft this motion as comprehensively as possible.

Contradictory Hearing:

• Under Article 729.1, a motion for discovery shall not be denied without a contradictory hearing unless the motion is facially deficient as a matter of law.

Timing:

• The motion may be filed in accordance with Article 521 (omnibus pretrial motions) or within such reasonable time as the court permits.

Work Product Protection:

• Article 723 protects work product — internal reports, memoranda, and documents made by the district attorney or law enforcement in connection with the investigation or prosecution are not subject to discovery.
• However, scientific or medical reports (Art. 719) and statements (Art. 716) are discoverable even if they are within work product.

Open File Practice:

• Many Louisiana parishes operate under an open file policy at the district attorney's discretion. However, a formal motion preserves the record and ensures compliance.

Reciprocal Discovery:

• Louisiana provides for limited reciprocal discovery. The State may request the Defendant's witness list, documents, and expert reports under Articles 724-727.

Sanctions:

• Under Article 729.1, if the State fails to comply, the court may order compliance, grant a continuance, exclude evidence, or enter other appropriate relief.

Unique Louisiana Provisions:

• Art. 720 specifically addresses other-crimes evidence, requiring the State to disclose such evidence upon defense motion.
• Art. 721 specifically addresses coconspirator statements.
• Art. 722 specifically addresses codefendant confessions and statements.

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