MOTION FOR DISCOVERY (CRIMINAL) — MAINE

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. Maine Practice Notes

1. Caption

STATE OF MAINE
[________________________________] COUNTY
UNIFIED CRIMINAL DOCKET

2. Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Maine Rules of Unified Criminal Procedure Rule 16, respectfully moves this Honorable Court for an Order directing the State to comply with its automatic discovery obligations under Rule 16(a) and to produce the additional materials described herein under Rule 16(b).

The Defendant states that the State has [failed to furnish automatic discovery materials / not provided complete discovery], and that the additional materials requested under Rule 16(b) are material to 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.
• Maine Constitution, Art. I, §§ 6 and 6-A — Rights of the accused and due process.

4. Rule Authority

• Rule 16(a) — Automatic Discovery by the State (mandatory, no request needed)
• Rule 16(b) — Requested Discovery by the Defendant (written request)
• Rule 16(c) — Reciprocal Discovery by the Defendant
• Rule 16(d) — Regulation of Discovery (protective orders, sanctions, continuing duty)

5. Categories of Discovery Requested

Part I — Automatic Discovery (Rule 16(a))

The Defendant requests the Court to order the State to comply with its automatic disclosure obligations, including:

A. Search, Seizure, and Identification Evidence (Rule 16(a)(1)(A))

☐ A statement describing any testimony or evidence intended to be used against the Defendant that was obtained as a result of a search and seizure
☐ A statement describing evidence obtained from wiretap or oral communication interceptions
☐ A statement describing evidence obtained through identification procedures (lineup, showup, photo array, voice identification)

B. Defendant's Statements (Rule 16(a)(1)(B))

☐ Any written or recorded statements made by the Defendant
☐ The substance of any oral statements made by the Defendant

C. Exculpatory Information (Rule 16(a)(1)(C))

☐ A statement describing any matter or information known to the State which may not be known to the Defendant and which tends to create a reasonable doubt of the Defendant's guilt

Part II — Requested Discovery (Rule 16(b))

The Defendant further requests in writing the following materials pursuant to Rule 16(b):

D. Witness Information

☐ Names and addresses of all persons the State intends to call as witnesses
☐ Written or recorded statements of all witnesses
☐ Criminal history records of all prosecution witnesses
☐ Any agreements, promises, or inducements made to witnesses

E. 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

F. Laboratory and Scientific Evidence

☐ 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

G. Impeachment Material

☐ 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

H. 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

I. Prior Acts Evidence

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

J. Co-Defendant Information

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

K. Documents and Tangible Objects

☐ All documents, books, papers, photographs, and tangible objects the State intends to use at trial or that are material to the defense
☐ 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 State has not fully complied with its automatic discovery obligations under Rule 16(a), that the additional materials requested under Rule 16(b) are material to the defense, and that counsel has made a reasonable effort to confer with the assistant district attorney prior to filing.

7. Proposed Order

STATE OF MAINE
[________________________________] COUNTY — UNIFIED CRIMINAL DOCKET

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Docket No.: [________________________________]

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

☐ GRANTED. The State shall comply with its automatic discovery obligations under Rule 16(a) and the Defendant's requested discovery under Rule 16(b) 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 Rule 16(d).

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

_______________________________________________
Judge, Unified Criminal Docket
[________________________________] County, Maine

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:

[ASSISTANT DISTRICT ATTORNEY NAME]
Office of the District Attorney
Prosecutorial District [________________________________]
[________________________________]
[________________________________]

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

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

9. Maine Practice Notes

Two-Tier Discovery System:
- Rule 16(a) — Automatic Discovery: The State must furnish (not merely make available) certain materials to the Defendant within a reasonable time, without any defense request. This includes search/seizure evidence descriptions, defendant's statements, and exculpatory information.
- Rule 16(b) — Requested Discovery: The Defendant may request in writing additional materials, including anything in the State's possession or control that is material to the defense, intended for use at trial, or belongs to the Defendant.

"Furnish" Standard:
- The State must actively furnish Rule 16(a) materials. It is not sufficient for the State to merely make materials available for inspection, nor may the State charge for Rule 16(a) materials.

Reciprocal Discovery:
- Under Rule 16(c), after the State complies with discovery, the Defendant must disclose witness lists, reports of examinations and tests, and other materials intended for use at trial.

Continuing Duty:
- Under Rule 16(d), both parties have a continuing duty to disclose newly discovered evidence.

Protective Orders:
- The court may issue protective orders under Rule 16(d) to deny, restrict, or defer discovery upon a showing of good cause.

Sanctions:
- Under Rule 16(d), if a party fails to comply, the court may order compliance, grant a continuance, exclude evidence, or enter other appropriate relief.

Unified Criminal Docket:
- Maine uses a Unified Criminal Docket system. All criminal matters (formerly handled in separate Superior and District Courts) are now handled through this unified system.

Timing:
- There is no fixed statutory deadline for discovery in Maine. The standard is "within a reasonable time." Local practice and judicial scheduling orders may set specific deadlines.

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