Motion for Discovery (Criminal) - Michigan

MOTION FOR DISCOVERY (CRIMINAL) — MICHIGAN

Table of Contents

1. Caption
2. Introduction
3. Factual Background
4. Legal Authority
5. Brady/Giglio Obligations
6. Categories of Discovery Requested
7. Good Faith Certification
8. Proposed Order
9. Certificate of Service
10. Michigan Practice Notes

Caption

IN THE [CIRCUIT COURT / DISTRICT COURT] FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN

Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to MCR 6.201, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Michigan Constitution, Article 1, Sections 17 and 20, respectfully moves this Honorable Court to order the People to produce the discovery materials described herein.

In support of this Motion, the Defendant states as follows:

Factual Background

1. The Defendant, [DEFENDANT FULL NAME], was charged on or about [__/__/____] with [CHARGE(S) AND STATUTE(S)] in the above-captioned matter.

2. The Defendant was arraigned on [__/__/____] and entered a plea of not guilty.

3.

4. Despite the People's disclosure obligations under MCR 6.201(A) and (B), the following requested materials have not been provided: [________________________________].

5. The Defendant also seeks the following case-specific discovery or relief under MCR 6.201: [________________________________].

Legal Authority

A. MCR 6.201(A) — Reciprocal Disclosure Upon Request

Upon request, each party must provide all other parties the materials listed in MCR 6.201(A), including:

• Names and addresses of lay and expert witnesses the party may call at trial (A)(1);
• Written or recorded statements by lay witnesses the party may call, except the defendant's own statement (A)(2);
• Expert curricula vitae and a report or written description of proposed expert testimony and its basis (A)(3);
• Criminal records the party may use to impeach witnesses and known convictions of witnesses the party may call (A)(4)–(5); and
• A description of and opportunity to inspect tangible physical evidence the party may introduce at trial (A)(6).

The prosecutor separately lists known res gestae witnesses under MCL 767.40a(1)–(2). That statutory duty is distinct from the reciprocal witness disclosure in MCR 6.201(A)(1).

B. MCR 6.201(B) — Additional Prosecutor Disclosure Upon Request

Upon request, the prosecutor must provide each defendant exculpatory information or evidence (B)(1), police reports and interrogation records subject to specified exceptions (B)(2), statements by the defendant, a codefendant, or an accomplice (B)(3), search or seizure affidavits, warrants, and returns (B)(4), and agreements for testimony (B)(5). MCR 6.201(I) permits a court to modify the rule's requirements and prohibitions on good cause shown; it does not make the disclosure required by (B) discretionary.

C. Constitutional Authority

The Michigan Constitution, Article 1, Section 17 (due process) and Section 20 (right to fair trial), along with the Due Process Clause of the Fourteenth Amendment, require the People to disclose material exculpatory and impeachment evidence. People v. Lester, 232 Mich. App. 262 (1998); People v. Chenault, 495 Mich. 142 (2014).

Brady/Giglio Obligations

The Defendant specifically requests that the People comply with their obligations under Brady v. Maryland and its progeny by disclosing:

☐ All evidence favorable to the Defendant that is material to guilt or punishment, including evidence tending to negate guilt, mitigate the offense, or reduce the sentence.

☐ All impeachment evidence regarding any prosecution witness, including but not limited to:

• Prior inconsistent statements
• Benefits, promises, inducements, or plea agreements extended to witnesses
• Bias, motive, or interest of witnesses
• Prior criminal convictions or pending charges of witnesses
• Prior untruthful conduct by witnesses
• Mental health or substance abuse issues affecting witness credibility

☐ Any evidence of third-party culpability.

☐ Any evidence of law enforcement misconduct related to this case.

☐ All information known to the prosecution team, including law enforcement agencies involved in the investigation.

Categories of Discovery Requested

The Defendant requests that the Court order the People to produce the following:

Category 1: Witness Information

☐ Names, addresses, dates of birth, and known contact information of all res gestae witnesses
☐ Names of all persons known to have information relevant to the case
☐ All written and recorded statements of witnesses
☐ Criminal records and pending charges of all prosecution witnesses

Category 2: Defendant's Statements

☐ All written, recorded, or oral statements attributed to the Defendant
☐ Preliminary examination testimony
☐ Miranda warnings administered and Defendant's responses
☐ Statements of co-defendants

Category 3: Documentary and Tangible Evidence

☐ All documents, photographs, recordings, and tangible objects the People intend to use at trial
☐ Body-worn camera footage from all officers involved
☐ Dash camera footage
☐ Surveillance video and audio recordings
☐ 911 call recordings and dispatch records (CAD logs)
☐ Search warrants, affidavits, and return inventories

Category 4: Scientific and Expert Evidence

☐ Reports of all physical, mental, and scientific examinations, tests, and experiments
☐ Chain of custody documentation for all physical evidence
☐ Names, qualifications, and opinions of expert witnesses
☐ Underlying data and methodology for all expert opinions
☐ Laboratory bench notes and quality assurance records

Category 5: Electronic and Digital Evidence

☐ Cell phone records, GPS data, and cell site location information
☐ Social media records and electronic communications
☐ Computer forensic analysis reports
☐ Electronic surveillance records
☐ Automatic license plate reader (ALPR) data

Category 6: Law Enforcement Records

☐ All police reports, supplemental reports, and officer notes
☐ Internal affairs files of officers involved (if relevant to credibility)
☐ Disciplinary history of testifying officers bearing on truthfulness
☐ Use-of-force reports related to the Defendant's arrest
☐ Search or seizure affidavits, warrants, and returns (MCR 6.201(B)(4))

Category 7: Exculpatory and Impeachment Material

☐ All material described in the Brady/Giglio section above
☐ Any evidence that identification procedures were suggestive
☐ Any recantations or contradictory statements by witnesses
☐ All information regarding confidential informants used in the investigation
☐ Any evidence that the crime was committed by someone other than the Defendant

Good Faith Certification

Undersigned counsel certifies the following:

1. Counsel has made a good faith effort to obtain the requested discovery from the People without court intervention.

2. On [__/__/____], counsel [sent a written discovery request / conferred with the prosecuting attorney] regarding the outstanding discovery.

3. The People have [failed to respond / partially responded / refused to produce] the following categories: [________________________________].

4. This Motion is not filed for the purpose of delay but is necessary to ensure the Defendant's constitutional right to a fair trial.

Signature: [________________________________]
Print Name: [________________________________]
Bar Number (P[____]): [________________________________]
Date: [__/__/____]

Proposed Order

IN THE [CIRCUIT COURT / DISTRICT COURT] FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN

PEOPLE OF THE STATE OF MICHIGAN v. [DEFENDANT FULL NAME]
Case No.: [________________________________]

ORDER GRANTING MOTION FOR DISCOVERY

Upon consideration of the Defendant's Motion for Discovery, any response thereto, and the applicable law, it is hereby:

ORDERED that the People shall produce the following discovery materials to the Defendant within [____] days of the date of this Order:

☐ All materials identified in Categories 1 through 7 of the Defendant's Motion
☐ The following specific categories: [________________________________]

ORDERED that the People's obligation to disclose is continuing and extends to all material described herein that subsequently comes into the possession, custody, or control of the prosecution.

ORDERED that failure to comply with this Order may result in sanctions pursuant to MCR 6.201(J), including ordering disclosure, granting a continuance, prohibiting evidence, or other relief as the Court deems just.

Date: [__/__/____]

_______________________________________________
Judge, [Circuit Court / District Court] for [________________________________] County

Certificate of Service

I HEREBY CERTIFY that on [__/__/____], a copy of the foregoing Motion for Discovery was served upon:

[PROSECUTING ATTORNEY NAME]
Office of the Prosecuting Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By hand delivery
☐ By first-class mail, postage prepaid
☐ By electronic filing (MiFile)
☐ By email to: [________________________________]

_______________________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorney for Defendant

Michigan Practice Notes

Disclosure Upon Request: MCR 6.201(A) applies to both parties. MCR 6.201(B) adds prosecutor duties, including exculpatory information, police reports, defendant and codefendant statements, and search or seizure papers. MCL 767.40a separately governs prosecutor witness lists.

Good Cause Modification: MCR 6.201(I) allows a court, on good cause shown, to modify the rule's requirements and prohibitions. It does not replace the prosecutor's duties under MCR 6.201(B).

Misdemeanor Application: Since May 1, 2020, MCR 6.201 (except subdivision A) applies to all misdemeanor proceedings. Previously, discovery rules applied only to felony cases.

Reciprocal Discovery: MCR 6.201(A) requires both parties to disclose listed trial witnesses, lay witness statements, proposed expert evidence, and tangible evidence upon request. MCR 6.201(C) addresses prohibited discovery and privilege.

Sanctions: MCR 6.201(J) provides sanctions for discovery violations, including ordering disclosure, granting a continuance, prohibiting evidence, or entering any order deemed just in the circumstances.

Protective Orders: MCR 6.201(E) allows the court to enter an appropriate protective order on motion and a showing of good cause. MCR 6.201(D) governs excision of nondiscoverable portions.

Key Case Law:
- People v. Chenault, 495 Mich. 142 (2014) — Brady obligations in Michigan
- People v. Lester, 232 Mich. App. 262 (1998) — scope of prosecutorial disclosure
- People v. Greenfield, 271 Mich. App. 442 (2006) — discovery sanctions
- People v. Elston, 462 Mich. 751 (2000) — res gestae witness disclosure