Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — OKLAHOMA

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. Oklahoma Practice Notes

1. Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF OKLAHOMA

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 Oklahoma, through the [________________________________] County District Attorney's Office, to provide complete discovery in accordance with the Oklahoma Criminal Discovery Code, 22 O.S. §§ 2001-2002, the Due Process Clauses of the United States and Oklahoma 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 by [☐ information / ☐ indictment] with [________________________________].

2. The Defendant was arraigned in the District Court of [________________________________] County on [__/__/____].

3. On [__/__/____], undersigned counsel made a written request for discovery to the [________________________________] County District Attorney's Office pursuant to 22 O.S. § 2002(A).

4. As of the date of this Motion, the State has [failed to provide discovery / provided incomplete discovery, specifically: [________________________________]].

5. Defense counsel has made additional good-faith efforts to resolve this matter, including [________________________________].

4. Legal Authority

A. Oklahoma Criminal Discovery Code — 22 O.S. § 2002

Section 2002(A) requires the State to disclose the following upon request of the defense:

• (A)(1)(a) — Names and addresses of witnesses the State intends to call at trial, together with their written or recorded statements or summaries of oral statements
• (A)(1)(b) — Law enforcement reports made in connection with the case
• (A)(1)(c) — Written or recorded statements and substance of oral statements of the accused or co-defendant
• (A)(1)(d) — Expert reports or statements, including results of examinations, scientific tests, experiments, or comparisons
• (A)(1)(e) — Books, papers, documents, photographs, tangible objects the State intends to use at trial or obtained from the defendant
• (A)(1)(f) — Prior criminal convictions of the defendant or co-defendant
• (A)(1)(g) — OSBI rap sheet/records check on any witness

B. Favorable Evidence — 22 O.S. § 2002(A)(2)

"The state shall provide the defendant any evidence favorable to the defendant if such evidence is material to either guilt or punishment."

C. Jailhouse Informant Disclosure — 22 O.S. § 2002(A)(4)

If the State intends to use testimony of a jailhouse informant, the State must disclose specific information at least 10 days prior to trial.

D. Constitutional Due Process

The Fourteenth Amendment and Article II, Section 7 of the Oklahoma Constitution guarantee due process of law.

E. Oklahoma Case Law

Oklahoma courts interpret discovery rules broadly. See McCarty v. State, 1988 OK CR 271; Pierce v. State, 1990 OK CR 7.

5. Brady/Giglio Obligations

Section 2002(A)(2) codifies the State's obligation to disclose favorable evidence. Additionally, the Defendant requests all material under Brady and Giglio:

☐ 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 witnesses
• Prior criminal convictions or pending charges of witnesses
• Evidence of bias, motive, or interest
• Internal affairs records or disciplinary history of law enforcement witnesses

☐ Evidence suggesting alternative suspects

☐ Evidence of witness misidentification or recantation

☐ Evidence contradicting the prosecution's theory

☐ Jailhouse informant information as required by 22 O.S. § 2002(A)(4), if applicable

6. Categories of Discovery Requested

Pursuant to 22 O.S. § 2002(A), the Defendant requests:

A. Witness Information (§ 2002(A)(1)(a))

☐ Names and addresses of all witnesses the State intends to call at trial
☐ Written or recorded statements of each witness
☐ Summaries of any oral statements where no written statement exists
☐ Criminal history records of all prosecution witnesses (§ 2002(A)(1)(g))
☐ OSBI rap sheet/records check on all witnesses

B. Law Enforcement Reports (§ 2002(A)(1)(b))

☐ All law enforcement reports made in connection with the case
☐ All supplemental and follow-up reports
☐ Officer notes and memoranda
☐ Dispatch records and CAD reports
☐ 911 call recordings

C. Defendant's and Co-Defendant's Statements (§ 2002(A)(1)(c))

☐ All written or recorded statements of the Defendant
☐ Substance of any oral statements of the Defendant
☐ All written or recorded statements of any co-defendant
☐ Substance of oral statements of any co-defendant

D. Expert Reports and Scientific Evidence (§ 2002(A)(1)(d))

☐ All expert reports and statements
☐ Results of physical or mental examinations
☐ Results of scientific tests, experiments, or comparisons
☐ Expert qualifications and curriculum vitae
☐ Underlying data, bench notes, and testing protocols
☐ Chain of custody documentation

E. Documentary and Physical Evidence (§ 2002(A)(1)(e))

☐ All books, papers, documents, photographs the State intends to use at trial
☐ All tangible objects obtained from or belonging to the Defendant
☐ Search warrants, affidavits, and returns
☐ Surveillance photographs and videos
☐ Opportunity to inspect, photograph, and test physical evidence

F. Criminal History (§ 2002(A)(1)(f))

☐ Prior criminal convictions of the Defendant
☐ Prior criminal convictions of any co-defendant

G. Favorable Evidence (§ 2002(A)(2))

☐ Any evidence favorable to the Defendant material to guilt or punishment
☐ All exculpatory evidence (Brady material)
☐ All impeachment evidence (Giglio material)

H. Jailhouse Informant Information (§ 2002(A)(4)) (if applicable)

☐ Complete criminal history of the informant
☐ Any benefits, consideration, or promises made to the informant
☐ Other cases in which the informant has testified or offered to testify
☐ Any recantation or inconsistent statement by the informant

I. Electronic and Digital Evidence

☐ Body-worn camera and dashboard camera footage
☐ Surveillance video
☐ Cell phone records and cell site location information
☐ Social media records
☐ Computer forensic analysis reports
☐ Electronic surveillance recordings, orders, and applications

7. Good Faith Certification

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

1. On [__/__/____], I made a written request for discovery to the [________________________________] County District Attorney's Office pursuant to 22 O.S. § 2002.

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

3. The State has not fully complied with its disclosure obligations.

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

[ATTORNEY NAME], Esq.
Attorney for Defendant
OBA No. [________________________________]
Date: [__/__/____]

8. Proposed Order

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF OKLAHOMA

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

ORDER GRANTING MOTION FOR DISCOVERY

THIS MATTER having come before the Court on the Defendant's Motion for Discovery;

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

IT IS HEREBY ORDERED:

1. The State shall, within [____] days of this Order, produce and make available to the Defendant all materials and information as set forth in the Motion for Discovery and as required by 22 O.S. § 2002.

2. The State's disclosure obligations are continuing under 22 O.S. § 2002(C), and any additional materials shall be promptly disclosed.

3. All discovery matters shall be resolved no later than ten (10) days before trial, per 22 O.S. § 2002(D).

4. Failure to comply with this Order may result in sanctions under 22 O.S. § 2002(E), including preclusion of evidence, granting of a continuance, or other appropriate relief.

5. This Order shall not include discovery of legal work product of either attorney as defined by 22 O.S. § 2002(E)(3).

______________________________________
DISTRICT JUDGE

Date: [__/__/____]

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 District Attorney's Office
[________________________________]
[________________________________]

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

______________________________________
[ATTORNEY NAME], Esq.

10. Oklahoma Practice Notes

1. Oklahoma Criminal Discovery Code: Discovery in criminal cases is governed exclusively by 22 O.S. §§ 2001-2002, enacted in 1994.

2. Request Required: Discovery is upon request of the defense. The State's obligation to disclose is triggered by a written defense request, except for favorable evidence under § 2002(A)(2), which must be disclosed regardless.

3. Timing: Motions for discovery may be filed at arraignment or thereafter. All discovery matters should be resolved at least 10 days before trial. 22 O.S. § 2002(D).

4. Continuing Duty: Under § 2002(C), both parties have a continuing duty to disclose additional evidence discovered before or during trial.

5. Scope of State's Obligations: The prosecution's duties extend to material in possession of (a) the prosecutor's staff, (b) law enforcement agencies that regularly report to the prosecutor, and (c) law enforcement agencies that reported on the particular case. § 2002(A)(3).

6. Jailhouse Informant Disclosure: If the State intends to use jailhouse informant testimony, it must disclose specific information at least 10 days before trial under § 2002(A)(4).

7. OSBI Records: The State must provide OSBI rap sheets/records checks on any listed witness. § 2002(A)(1)(g).

8. Reciprocal Discovery: § 2002(B) allows the State to request defense discovery, but the defense is not required to disclose any communication of the defendant. Expert reports must be redacted to preclude privileged communications.

9. Work Product Protection: The discovery order shall not include legal work product, including legal research, opinions, theories, or conclusions of either attorney or legal staff. § 2002(E)(3).

10. Costs: The requesting party pays reasonable copying, duplicating, and videotaping costs, except the State pays for copies of items obtained from the defendant. If the defendant is indigent, the State bears the cost. § 2002(F).

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

Last updated: 2026-04-03