Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — NEW JERSEY

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. New Jersey Practice Notes

1. Caption

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION — CRIMINAL PART
[________________________________] COUNTY

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, [ATTORNEY NAME], Esq., and respectfully moves this Honorable Court for an Order compelling the State of New Jersey, through the [________________________________] County Prosecutor's Office, to provide complete discovery in accordance with Rule 3:13-3 of the New Jersey Court Rules, the Due Process Clauses of the United States and New Jersey Constitutions, and the holdings in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

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

3. Statement of Facts

1. On or about [__/__/____], the Defendant was charged with [________________________________].

2. The Defendant was indicted by a [________________________________] County Grand Jury on [__/__/____], under Indictment No. [________________________________].

3. The charges arise from alleged events on or about [__/__/____] in [________________________________], New Jersey.

4. On [__/__/____], undersigned counsel served a written discovery request upon the [________________________________] County Prosecutor's Office pursuant to R. 3:13-3.

5. As of the date of this Motion, the State has [failed to provide any discovery / provided incomplete discovery / failed to provide the following specific categories: [________________________________]].

4. Legal Authority

A. New Jersey Court Rule 3:13-3

Rule 3:13-3(b)(1) mandates that, after indictment, the State shall provide the following without the need for a court order:

"[T]he prosecutor shall make available to the defense counsel the following materials and information within its possession, custody, or control..."

This includes names and addresses of witnesses, recorded statements, grand jury testimony, documents and tangible objects, expert reports, and any evidence favorable to the defendant. R. 3:13-3(b)(1)(A)-(I).

B. Constitutional Due Process

Both the United States Constitution (Fourteenth Amendment) and the New Jersey Constitution (Art. I, para. 1) guarantee the right to due process of law, which encompasses the right to obtain and review evidence necessary to prepare a defense.

C. New Jersey Case Law

New Jersey courts have consistently held that discovery in criminal cases is to be broadly construed in favor of disclosure. See State v. Hernandez, 225 N.J. 451 (2016); State v. Marshall, 148 N.J. 89 (1997).

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 but not limited to:

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

☐ Any and all impeachment material relating to prosecution witnesses, including:

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

☐ Any information suggesting the existence of alternative suspects

☐ Any evidence of witness misidentification or recantation

☐ Any evidence contradicting the prosecution's theory of the case

6. Categories of Discovery Requested

Pursuant to R. 3:13-3(b)(1), the Defendant requests the following:

A. Defendant's Statements

☐ Any written or recorded statements of the Defendant
☐ Substance of any oral statements made by the Defendant to any law enforcement officer or agent
☐ Grand jury testimony of the Defendant

B. Co-Defendant Statements

☐ Written or recorded statements of any co-defendant
☐ Substance of any oral statements made by any co-defendant

C. Witness Information

☐ Names and addresses of all persons the State intends to call as witnesses
☐ Written or recorded statements of each identified witness
☐ Grand jury testimony of all witnesses
☐ Any witness cooperation or plea agreements

D. Expert Reports and Scientific Evidence

☐ All reports and results of physical, mental, or scientific tests or experiments
☐ Qualifications and curriculum vitae of any expert witnesses
☐ Underlying data, notes, and bench notes for all forensic analyses
☐ Chain of custody documentation for all physical evidence

E. Documentary Evidence

☐ All police reports, investigation reports, and supplemental reports
☐ Search warrants, affidavits, and return of service
☐ All photographs, videos, and audio recordings
☐ Surveillance footage from any source
☐ 911 call recordings and CAD reports
☐ Cell phone records, cell site location information, and digital evidence

F. Physical Evidence

☐ All tangible objects seized or obtained during the investigation
☐ Opportunity to inspect, photograph, and test physical evidence
☐ Any evidence the State intends to introduce at trial

G. Criminal History and Prior Bad Acts

☐ Criminal history records of all prosecution witnesses
☐ Any R. 3:13-3(b)(1)(G) evidence of prior bad acts the State intends to offer

H. Electronic Surveillance

☐ Any electronic surveillance recordings, applications, or orders
☐ Wiretap applications, orders, and transcripts
☐ Pen register or trap and trace information

I. Additional Materials

☐ All exculpatory evidence as defined in Brady v. Maryland
☐ All impeachment evidence as defined in Giglio v. United States
☐ Any materials relevant to potential suppression motions
☐ The complete investigative file maintained by law enforcement

7. Good Faith Certification

I, [ATTORNEY NAME], Esq., attorney for the Defendant, hereby certify as follows:

1. On [__/__/____], I served a written discovery demand upon the [________________________________] County Prosecutor's Office.

2. Prior to filing this Motion, I made good-faith efforts to resolve the discovery dispute, including [________________________________].

3. As of the date of this filing, the State has not provided the materials identified herein despite the requirements of R. 3:13-3.

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

[ATTORNEY NAME], Esq.
Attorney for Defendant
Date: [__/__/____]

8. Proposed Order

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION — CRIMINAL PART
[________________________________] COUNTY

STATE OF NEW JERSEY v. [DEFENDANT FULL NAME]
Indictment No.: [________________________________]

ORDER GRANTING MOTION FOR DISCOVERY

THIS MATTER having come before the Court on the Defendant's Motion for Discovery, and the Court having considered the submissions of the parties;

IT IS on this [____] day of [____________], [____], hereby:

ORDERED that the State of New Jersey shall, within [____] days of this Order, produce and make available to the Defendant all materials and information as set forth in the Defendant's Motion for Discovery and as required by R. 3:13-3; and it is further

ORDERED that the State's disclosure obligation is continuous and any newly discovered material shall be promptly disclosed to the defense pursuant to R. 3:13-3(g); and it is further

ORDERED that failure to comply with this Order may result in sanctions including, but not limited to, preclusion of evidence, adverse inference instructions, dismissal, or other relief as the Court deems just.

______________________________________
J.S.C.

9. Certificate of Service

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

[PROSECUTOR NAME]
[________________________________] County Prosecutor's Office
[________________________________]
[________________________________]

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

______________________________________
[ATTORNEY NAME], Esq.

10. New Jersey Practice Notes

1. Automatic Discovery: New Jersey R. 3:13-3(b)(1) provides for broad, automatic post-indictment discovery. The State must provide discovery without the need for a court order. This motion is typically used to compel compliance when the State has failed to meet those obligations.

2. Pre-Indictment Discovery: Under R. 3:13-3(a), when the prosecutor has made a pre-indictment plea offer, the prosecutor shall provide defense counsel with all available relevant material that would be discoverable at the time of indictment.

3. Continuing Obligation: R. 3:13-3(g) imposes a continuing duty to disclose newly discovered materials. Failure to comply may result in sanctions under R. 3:13-3(f).

4. Reciprocal Discovery: R. 3:13-3(c) permits the State to request discovery from the defense, including notice of alibi, insanity defense, and expert reports.

5. Protective Orders: Under R. 3:13-3(e), the court may limit or regulate discovery upon a showing of good cause.

6. Open Public Records Act (OPRA): Separate from criminal discovery, certain law enforcement records may be obtainable through OPRA requests (N.J.S.A. 47:1A-1 et seq.).

7. Sanctions for Non-Compliance: Under R. 3:13-3(f), the court may order disclosure, grant a continuance, prohibit the party from introducing the evidence, or enter such other order as it deems just.

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

Last updated: 2026-04-03