Motion for Discovery (Criminal)

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.

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

5. Additionally, the Defendant seeks discovery of the following materials under MCR 6.201(B) upon a showing of good cause: [________________________________].

Legal Authority

A. MCR 6.201(A) — Mandatory Disclosure by the Prosecution

MCR 6.201(A) requires the prosecuting attorney to provide the defendant, without a court order, with the following:

• All known res gestae witnesses, including their names, addresses, and dates of birth (MCR 6.201(A)(1));
• The defendant's written or recorded statements (MCR 6.201(A)(2));
• Co-defendants' written or recorded statements (MCR 6.201(A)(3));
• Results of scientific tests, reports of examinations, and evidence obtained from the defendant (MCR 6.201(A)(4));
• Any exculpatory information or evidence known to the prosecuting attorney (MCR 6.201(A)(5));
• A list of all evidence obtained by search and seizure (MCR 6.201(A)(6));
• Any written or recorded statements by a witness, including police reports (MCR 6.201(A)(7)).

B. MCR 6.201(B) — Discovery Upon Request or Good Cause

Upon request of a party, the court may order the prosecution or defendant to provide additional discovery upon a showing that the items sought are relevant and the request is reasonable. The court shall order additional discovery only upon a showing of good cause.

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
☐ Evidence obtained by search and seizure (per MCR 6.201(A)(6))

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

Mandatory Disclosure: MCR 6.201(A) requires the prosecution to disclose certain materials without a court order. This includes res gestae witness information, defendant's statements, scientific test results, and exculpatory evidence.

Good Cause Standard: Additional discovery beyond MCR 6.201(A) requires a showing of good cause under MCR 6.201(B). The moving party must demonstrate that the items sought are relevant and the request is reasonable.

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(C) requires the defendant to disclose witness lists, witness statements, and reports of examinations intended for use at trial.

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(D) allows the court to issue protective orders denying, restricting, or deferring discovery upon a sufficient showing.

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