Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — NEVADA

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. Nevada Practice Notes

Caption

IN THE [________________________________] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [________________________________]

DEFENDANT'S MOTION FOR DISCOVERY

Introduction

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to NRS 174.235, NRS 174.285, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Nevada Constitution, Article 1, Sections 6 and 8, 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. On [__/__/____], the Defendant submitted a written request for discovery to the District Attorney's Office pursuant to NRS 174.235.

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

Legal Authority

A. NRS 174.235 — Disclosure by Prosecuting Attorney

NRS 174.235 requires the prosecuting attorney, upon request of the defendant, to permit inspection and copying of:

• Written or recorded statements and confessions made by the defendant, or copies thereof (NRS 174.235(1)(a));
• Results or reports of physical or mental examinations, and of scientific tests or scientific experiments, made in connection with the case, or copies thereof (NRS 174.235(1)(b));
• Relevant written or recorded statements of witnesses whom the prosecuting attorney intends to call at trial, within the possession, custody, or control of the State (NRS 174.235(1)(c));
• Any evidence which is favorable to the defendant (NRS 174.235(2)).

B. NRS 174.285 — Time Limits

A request under NRS 174.235 may be made only within 30 days after arraignment or at such reasonable later time as the court may permit.

C. NRS 174.295 — Continuing Duty to Disclose

If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered to be disclosed, the party must promptly notify the other party or the court. The court may impose sanctions for failure to comply, including ordering immediate disclosure, granting a continuance, or prohibiting the use of the undisclosed evidence.

D. Constitutional Authority

The Nevada Constitution, Article 1, Section 6 (right to confront witnesses) and Section 8 (due process and rights of accused), along with the Due Process Clause of the Fourteenth Amendment, require the State to disclose material exculpatory and impeachment evidence. Mazzan v. Warden, 116 Nev. 48 (2000); Jimenez v. State, 112 Nev. 610 (1996).

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. NRS 174.235(2) codifies this obligation.

☐ 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

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

Category 1: Witness Information

☐ Names and addresses of all persons known to the State who have knowledge of relevant facts
☐ All written and recorded statements of witnesses the State intends to call at trial
☐ Criminal records and pending charges of all State witnesses
☐ Any cooperation agreements or benefits provided to witnesses

Category 2: Defendant's Statements

☐ All written, recorded, or oral statements and confessions attributed to the Defendant
☐ Grand jury testimony of the Defendant
☐ 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 State intends to use at trial
☐ Body-worn camera footage from all officers involved (LVMPD, Henderson PD, or other agency)
☐ Surveillance video and audio recordings
☐ 911 call recordings and dispatch records (CAD reports)
☐ Search warrants, affidavits, and return inventories

Category 4: Scientific and Expert Evidence

☐ Reports of all physical and mental examinations made in connection with the case
☐ Results and reports of scientific 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
☐ Las Vegas Metropolitan Police Department Forensic Lab reports (or other applicable lab)

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 (wiretaps, pen registers)
☐ 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
☐ Preliminary hearing transcripts

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

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 submitted a written discovery request to the District Attorney's Office pursuant to NRS 174.235, within 30 days of arraignment.

3. The State has [failed to respond / partially responded / refused to provide] 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: [________________________________]
Nevada Bar No.: [________________________________]
Date: [__/__/____]

Proposed Order

IN THE [________________________________] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [________________________________]

THE STATE OF NEVADA 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 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 State's obligation to disclose is continuing pursuant to NRS 174.295, 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 NRS 174.295, including ordering disclosure, granting a continuance, prohibiting evidence, or other relief as the Court deems just.

Date: [__/__/____]

_______________________________________________
District Judge, Department [____]
[________________________________] Judicial District

Certificate of Service

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

[DISTRICT ATTORNEY / DEPUTY DISTRICT ATTORNEY NAME]
[________________________________] County District Attorney's Office
[________________________________]
[________________________________]
[________________________________]

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

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

Attorney for Defendant

Nevada Practice Notes

Request Required: Nevada requires the defendant to make a written request to trigger the State's disclosure obligation under NRS 174.235. This is not an automatic disclosure regime.

30-Day Deadline: Discovery requests must be made within 30 days after arraignment (NRS 174.285). Late requests may be permitted for good cause.

Statutory Limitations: NRS 174.235(3) exempts from disclosure the State's internal reports, memoranda, and work product prepared in connection with the investigation or prosecution. However, this exemption does not override constitutional Brady obligations.

Constitutional Preservation: NRS 174.235(3) explicitly states that the statutory limitations do not affect any obligation placed upon the prosecuting attorney by the Constitution to disclose exculpatory evidence.

Protective Orders: NRS 174.255 allows either party to seek a protective order. Showings for protective orders may be made in camera, with the written statement sealed for appellate review.

Continuing Duty: NRS 174.295 imposes a continuing duty to disclose newly discovered evidence that was previously requested or ordered produced.

Sanctions: NRS 174.295 authorizes sanctions for noncompliance, including ordering immediate disclosure, granting continuances, or prohibiting introduction of undisclosed evidence.

Key Case Law:
- Mazzan v. Warden, 116 Nev. 48 (2000) — Brady obligations in Nevada
- Jimenez v. State, 112 Nev. 610 (1996) — scope of prosecutorial disclosure
- Daniels v. State, 119 Nev. 498 (2003) — discovery sanctions
- Shores v. State, 143 Nev. Adv. Op. 28 (2024) — continuing disclosure obligations