Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — NORTH CAROLINA

Table of Contents

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

1. Caption

STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
[☐ SUPERIOR COURT DIVISION / ☐ DISTRICT COURT DIVISION]
[________________________________] COUNTY

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, [ATTORNEY NAME], and respectfully moves this Honorable Court for an Order compelling the State of North Carolina, through the [________________________________] County District Attorney's Office, to provide complete discovery in accordance with N.C. Gen. Stat. §§ 15A-903 through 15A-910, the Due Process Clauses of the United States and North Carolina Constitutions, and the holdings in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

3. Statement of Facts

1. On or about [__/__/____], the Defendant was charged with [________________________________], a [☐ felony / ☐ misdemeanor joined with a felony].

2. The case is [☐ pending in Superior Court / ☐ pending in District Court].

3. On [__/__/____], undersigned counsel made a written request for voluntary discovery from the [________________________________] County District Attorney's Office pursuant to N.C.G.S. § 15A-903.

4. As of the date of this Motion, the State has [failed to provide the complete file / provided only partial discovery, specifically omitting: [________________________________]].

5. Defense counsel has made [____] additional attempts to obtain complete discovery, on [__/__/____].

4. Legal Authority

A. N.C.G.S. § 15A-903 — Voluntary Discovery (Open-File)

Upon request by the defendant, the State must make available the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation or prosecution of the case. This includes:

• All statements of the defendant
• Names of all witnesses the State intends to call
• All documents, exhibits, and tangible evidence
• Reports of examinations and tests
• All materials within the possession, custody, or control of the State

B. N.C.G.S. § 15A-904 — Court-Ordered Discovery

Upon motion of the defendant, the court may order the State to produce additional discovery beyond the scope of § 15A-903, upon a showing that the material is relevant and material to the defense.

C. Constitutional Due Process

The Fourteenth Amendment to the United States Constitution and Article I, Sections 19 and 23 of the North Carolina Constitution guarantee due process and the right to a fair trial, including meaningful access to evidence.

D. North Carolina Case Law

The North Carolina Supreme Court has recognized the importance of broad discovery in criminal cases. See State v. Dorton, 172 N.C. App. 759 (2005); State v. Shannon, 341 N.C. 517 (1995).

5. Brady/Giglio Obligations

The Defendant specifically requests all material subject to disclosure under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), including:

☐ Any and all exculpatory evidence tending to negate guilt or reduce punishment

☐ Any and all impeachment material, including:

• Prior inconsistent statements of witnesses
• Benefits, promises, or inducements to witnesses
• Prior criminal convictions or pending charges of witnesses
• Evidence of bias, motive, or interest
• Internal affairs files or disciplinary records of law enforcement witnesses

☐ Evidence suggesting alternative suspects

☐ Evidence of witness misidentification or recantation

☐ Evidence contradicting the prosecution's theory

6. Categories of Discovery Requested

A. Open-File Materials (N.C.G.S. § 15A-903)

Defendant's Statements

☐ All written or recorded statements of the Defendant
☐ Substance of oral statements made by the Defendant to law enforcement
☐ Grand jury testimony of the Defendant

Complete Investigative File

☐ Complete files of all law enforcement agencies involved in the investigation
☐ Complete files of all investigatory agencies involved
☐ Complete file of the prosecuting attorney's office
☐ All police reports, incident reports, and supplemental reports
☐ All witness statements, whether written or recorded
☐ Notes of investigating officers

Witness Information

☐ Names and addresses of all witnesses the State intends to call at trial
☐ All recorded statements of witnesses
☐ Criminal history records of all prosecution witnesses
☐ Cooperation agreements and plea arrangements

Expert and Scientific Evidence

☐ All reports of examinations, tests, and experiments (§ 15A-903(a)(3))
☐ Expert qualifications and curriculum vitae
☐ Underlying data, bench notes, and testing protocols
☐ Chain of custody documentation

Documentary and Physical Evidence

☐ All photographs, videos, and audio recordings
☐ All tangible evidence, objects, and exhibits
☐ Search warrants, affidavits, and returns
☐ 911 recordings and dispatch records
☐ Surveillance footage

B. Court-Ordered Discovery (N.C.G.S. § 15A-904)

☐ Information not contained in the open file that is relevant and material to the defense, specifically: [________________________________]

☐ Materials in possession of third parties acting on behalf of the State

☐ Personnel records and internal affairs files of law enforcement witnesses, subject to in camera review

C. Electronic and Digital Evidence

☐ Cell phone records and cell site location information
☐ Social media records and communications
☐ Computer forensic analysis reports
☐ Body-worn camera and dashboard camera footage
☐ Any electronic surveillance recordings or applications

7. Good Faith Certification

I, [ATTORNEY NAME], attorney for the Defendant, hereby certify:

1. On [__/__/____], I made a written request for open-file discovery pursuant to N.C.G.S. § 15A-903.

2. I have made good-faith efforts to obtain complete discovery before filing this Motion, including [________________________________].

3. As of the date of this filing, the State has not provided complete open-file discovery.

4. This Motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME]
Attorney for Defendant
N.C. State Bar No. [________________________________]
Date: [__/__/____]

8. Proposed Order

STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
[☐ SUPERIOR COURT DIVISION / ☐ DISTRICT COURT DIVISION]
[________________________________] COUNTY

STATE v. [DEFENDANT FULL NAME]
File No.: [________________________________]

ORDER GRANTING MOTION FOR DISCOVERY

THIS MATTER coming on to be heard before the undersigned Judge on the Defendant's Motion for Discovery;

THE COURT, having reviewed the Motion and any response thereto, and being fully advised:

IT IS HEREBY ORDERED:

1. The State shall, within [____] days of this Order, provide the Defendant complete open-file discovery as required by N.C.G.S. § 15A-903.

2. The State shall make available the complete files of all law enforcement and investigatory agencies involved in the investigation of this case.

3. The State's disclosure obligations are continuing under N.C.G.S. § 15A-907, and any subsequently discovered material shall be promptly disclosed.

4. Failure to comply with this Order may result in sanctions under N.C.G.S. § 15A-910, including preclusion, continuance, adverse inference, or dismissal.

______________________________________
JUDGE PRESIDING

Date: [__/__/____]

9. Certificate of Service

I, [ATTORNEY NAME], hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Discovery and Proposed Order was served upon:

[PROSECUTOR NAME]
[________________________________] County District Attorney's Office
[________________________________]
[________________________________]

☐ By hand delivery
☐ By regular mail
☐ By electronic filing
☐ By email to: [________________________________]

______________________________________
[ATTORNEY NAME]

10. North Carolina Practice Notes

1. Open-File Discovery: North Carolina adopted open-file discovery for felony cases in 2004 (effective October 1, 2007). Under N.C.G.S. § 15A-903, the State must make its entire file available, including the complete files of law enforcement agencies.

2. Felony vs. Misdemeanor: Open-file discovery applies to felony cases and misdemeanors joined for trial with felonies. Standalone misdemeanor cases have more limited discovery rights.

3. Continuing Duty: N.C.G.S. § 15A-907 imposes a continuing duty on the State to disclose material that becomes available after initial production.

4. No Work Product Exception Abuse: While attorney work product is protected, the State cannot shield factual material by placing it in work product files. The complete files of law enforcement must be produced.

5. Reciprocal Discovery: N.C.G.S. § 15A-905 requires the defense to provide reciprocal discovery upon request, including reports of examinations and tests, and any documents the defense intends to use at trial.

6. Sanctions: N.C.G.S. § 15A-910 authorizes the court to order disclosure, grant a continuance, suppress evidence, find the attorney in contempt, or enter other appropriate orders for non-compliance.

7. In Camera Review: For sensitive materials (e.g., confidential informant identity, personnel files), the court may conduct an in camera review to balance disclosure against competing interests.

8. Preservation of Evidence: The State has an obligation to preserve evidence that may be material to the defense. Failure to preserve may violate due process. See State v. Williams, 362 N.C. 628 (2008).

This template is provided for informational purposes only and does not constitute legal advice. It should be reviewed and customized by a licensed North Carolina attorney before use.

Last updated: 2026-04-03