MOTION FOR DISCOVERY (CRIMINAL) — MISSOURI

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. Missouri Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[DIVISION: ________________________________]

Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Missouri Supreme Court Rules 25.03 and 25.05, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Missouri Constitution, Article I, Sections 10 and 18(a), respectfully moves this Honorable Court to order the State 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. The Defendant filed a written discovery request pursuant to Rule 25.03(A) on [__/__/____].

4.

5. Despite the Defendant's timely written request, the State has [failed to respond within 14 days / partially responded / refused to provide] the following materials: [________________________________].

6. Additionally, the Defendant seeks the following materials requiring a court order under Rule 25.03(B): [________________________________].

Legal Authority

A. Mo. Sup. Ct. R. 25.03(A) — Disclosure Upon Written Request

Rule 25.03(A) requires the prosecution, upon written request by the defense, to disclose:

• Arrest and incident reports and investigative reports;
• Written and recorded statements of the defendant and co-defendants;
• Photographs, video, and electronic communications related to the offense;
• Names, addresses, and dates of birth of witnesses the State intends to call at trial;
• Prior criminal convictions of State's witnesses;
• Photographic or video surveillance evidence;
• Documents or electronic data obtained from the defendant;
• Results of physical or mental examinations, scientific tests, and experiments.

B. Mo. Sup. Ct. R. 25.03(B) — Disclosure by Court Order

Upon written motion filed with the court, and upon a showing of particularity, relevance, and materiality, the court may order the State to disclose additional materials in its possession, including:

• Internal police memoranda and supplemental reports;
• Grand jury testimony;
• Witness criminal histories beyond those the State intends to call;
• Other material relevant to the preparation of the defense.

C. Mo. Sup. Ct. R. 25.02 — Timing

Discovery requests or motions shall be made not later than 20 days after arraignment. Responses are due within 14 days after service of the request. The court may permit later requests upon a showing of good cause.

D. Constitutional Authority

The Missouri Constitution, Article I, Section 10 (due process) and Section 18(a) (rights of accused), along with the Due Process Clause of the Fourteenth Amendment, require the State to disclose material exculpatory and impeachment evidence. State v. Johnson, 549 S.W.3d 26 (Mo. 2018); State v. Ferguson, 20 S.W.3d 485 (Mo. 2000).

Brady/Giglio Obligations

The Defendant specifically requests that the State comply with its 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 State 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

Part A: Materials Requested Under Rule 25.03(A) (Written Request)

The Defendant requests the following materials pursuant to Rule 25.03(A):

Category 1: Witness Information

☐ Names, addresses, dates of birth, and contact information of all witnesses the State intends to call at trial
☐ Prior criminal convictions of all State's witnesses
☐ Written and recorded statements of all witnesses

Category 2: Defendant's Statements

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

Category 3: Documentary and Tangible Evidence

☐ Arrest and incident reports
☐ Investigative reports and supplemental reports
☐ All photographs, video, and audio recordings
☐ Body-worn camera footage from all officers involved
☐ Surveillance video and audio recordings
☐ 911 call recordings and dispatch records
☐ Search warrants, affidavits, and return inventories
☐ Electronic communications and data related to the offense

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
☐ Missouri State Highway Patrol Crime Laboratory reports

Part B: Materials Requested Under Rule 25.03(B) (Court Order Required)

The Defendant respectfully requests this Court to order disclosure of the following materials, stating with particularity the relevance and materiality of each:

Category 5: Additional Materials Requiring Court Order

☐ Grand jury transcripts and exhibits — relevant and material because: [________________________________]
☐ Internal police memoranda and notes — relevant and material because: [________________________________]
☐ Criminal histories of non-testifying witnesses — relevant and material because: [________________________________]
☐ Electronic and digital evidence (cell records, GPS, CSLI) — relevant and material because: [________________________________]
☐ Internal affairs records of involved officers — relevant and material because: [________________________________]

Category 6: 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

Good Faith Certification

Undersigned counsel certifies the following:

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

2. On [__/__/____], counsel filed a written discovery request pursuant to Rule 25.03(A) with the prosecuting attorney.

3. More than 14 days have elapsed since service of the written request, and the State has [failed to respond / partially responded / refused to produce] the following categories: [________________________________].

4. As to materials sought under Rule 25.03(B), counsel has conferred with the prosecuting attorney and the State has [agreed / refused / partially agreed] to provide such materials.

5. 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: [________________________________]
Missouri Bar No.: [________________________________]
Date: [__/__/____]

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

STATE OF MISSOURI v. [DEFENDANT FULL NAME]
Case No.: [________________________________]

ORDER ON DEFENDANT'S 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 State shall produce the materials requested in Part A (Rule 25.03(A)) within [____] days of the date of this Order.

ORDERED that the State shall produce the following materials requested in Part B (Rule 25.03(B)):
☐ [________________________________]
☐ [________________________________]

ORDERED that the State'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, pursuant to Rule 25.05.

ORDERED that failure to comply with this Order may result in sanctions as the Court deems appropriate under the circumstances.

Date: [__/__/____]

_______________________________________________
Circuit Judge, Division [____]
[________________________________] County, Missouri

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 (Show-Me Courts)
☐ By email to: [________________________________]

_______________________________________________
[ATTORNEY NAME]
[MISSOURI BAR NO.]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorney for Defendant

Missouri Practice Notes

Two-Track Discovery: Missouri uses a two-track approach. Rule 25.03(A) allows discovery upon written request (no court order needed). Rule 25.03(B) requires a written motion and court order, with a showing of particularity, relevance, and materiality.

Timing: Discovery requests/motions must be filed within 20 days of arraignment. The State must respond within 14 days of service. Late requests require a showing of good cause.

Written Request Required: Unlike some states with automatic disclosure, Missouri requires the defense to file a written request under Rule 25.03(A) to trigger the State's disclosure obligations.

Discovery Depositions: Rule 25.06 permits the defendant to take discovery depositions, which is relatively unusual in criminal practice. Depositions may be taken after the State's initial disclosures.

Continuing Obligation: Rule 25.05 imposes a continuing duty to disclose additional evidence and information.

Sanctions: The court has discretion to impose appropriate sanctions for discovery violations, though Missouri rules are less specific than some states regarding available remedies.

Key Case Law:
- State v. Johnson, 549 S.W.3d 26 (Mo. 2018) — Brady obligations in Missouri
- State v. Ferguson, 20 S.W.3d 485 (Mo. 2000) — scope of Rule 25 disclosure
- State v. Barriner, 34 S.W.3d 139 (Mo. 2000) — sanctions for noncompliance
- State v. Edwards, 116 S.W.3d 511 (Mo. 2003) — discovery of impeachment evidence