MOTION FOR DISCOVERY (CRIMINAL) — OREGON

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. Oregon Practice Notes

1. Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

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 Oregon, through the [________________________________] County District Attorney's Office, to provide complete discovery in accordance with ORS 135.805 through 135.873, the Due Process Clauses of the United States and Oregon 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 [☐ indictment / ☐ information] with [________________________________].

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

3. On [__/__/____], undersigned counsel made a written request for discovery to the [________________________________] County District Attorney's Office pursuant to ORS 135.815.

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 efforts to resolve this matter, including [________________________________].

4. Legal Authority

A. ORS 135.815 — Disclosure to Defendant

The district attorney shall disclose to a represented defendant the following material within the possession or control of the district attorney:

• (1)(a) — Names, addresses, and telephone numbers of intended witnesses, together with their written or recorded statements or memoranda of oral statements
• (1)(b) — Any written or recorded statements of the defendant or co-defendant
• (1)(c) — Reports of physical or mental examinations, scientific tests, experiments, or comparisons
• (1)(d) — Books, papers, documents, photographs, or tangible objects the district attorney intends to offer at trial or obtained from the defendant
• (1)(e) — Prior criminal convictions of intended witnesses (if actually known, with good faith effort required)
• (1)(f) — Prior convictions of the defendant known to the State affecting criminal history for sentencing

B. ORS 135.815(2) — Exculpatory Evidence

The district attorney must disclose any material or information within the possession or control of the district attorney that tends to:

• (a)(A) — Exculpate the defendant
• (a)(B) — Negate or mitigate the defendant's guilt or punishment

This disclosure must occur without delay and prior to entry of any guilty plea. ORS 135.815(2)(a)(B); ORS 135.845.

C. ORS 135.835 — Continuing Duty

Both the prosecution and defense have a continuing duty to promptly disclose additional material that becomes known.

D. ORS 135.863 — Sanctions

The court may impose sanctions for failure to comply, including ordering disclosure, granting continuances, excluding evidence, or dismissing the case.

E. Constitutional Due Process

The Fourteenth Amendment and Article I, Section 11 of the Oregon Constitution guarantee due process and a fair trial.

F. Oregon Case Law

See State v. Warren, 304 Or. 428 (1987); State v. Yzaguirre, 243 Or. App. 604 (2011).

5. Brady/Giglio Obligations

ORS 135.815(2) codifies the State's obligation to disclose exculpatory and mitigating evidence. The Defendant additionally 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

6. Categories of Discovery Requested

Pursuant to ORS 135.815, the Defendant requests:

A. Witness Information (ORS 135.815(1)(a))

☐ Names, addresses, and telephone numbers of all witnesses the State intends to call at any stage of trial
☐ Written or recorded statements of all witnesses
☐ Memoranda of any oral statements of witnesses
☐ Prior criminal convictions of all intended witnesses (ORS 135.815(1)(e))
☐ Cooperation agreements, plea bargains, or inducements

B. Defendant's and Co-Defendant's Statements (ORS 135.815(1)(b))

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

C. Expert and Scientific Evidence (ORS 135.815(1)(c))

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

D. Documentary and Physical Evidence (ORS 135.815(1)(d))

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

E. Defendant's Criminal History (ORS 135.815(1)(f))

☐ All prior convictions of the Defendant known to the State affecting criminal history for sentencing under Oregon Criminal Justice Commission rules

F. Exculpatory and Mitigating Evidence (ORS 135.815(2))

☐ All material that tends to exculpate the Defendant
☐ All material that tends to negate or mitigate the Defendant's guilt or punishment
☐ All Brady material (exculpatory evidence)
☐ All Giglio material (impeachment evidence)

G. Law Enforcement Materials

☐ All police reports, incident reports, and supplemental reports
☐ Officer notes and memoranda
☐ Body-worn camera and dashboard camera footage
☐ 911 call recordings and dispatch records
☐ Radio communications and logs

H. Electronic and Digital Evidence

☐ Cell phone records and cell site location information
☐ Social media records
☐ Computer forensic analysis reports
☐ Electronic surveillance recordings, applications, and orders
☐ Surveillance video from any source

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 ORS 135.815.

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
OSB No. [________________________________]
Date: [__/__/____]

8. Proposed Order

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

STATE OF OREGON 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 advised:

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 ORS 135.815.

2. The State's disclosure obligations are continuing under ORS 135.835, and any additional material shall be promptly disclosed.

3. Failure to comply with this Order may result in sanctions under ORS 135.863, including preclusion of evidence, continuance, or dismissal.

______________________________________
CIRCUIT COURT 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 (Oregon eCourt)
☐ By email to: [________________________________]

______________________________________
[ATTORNEY NAME], Esq.

10. Oregon Practice Notes

1. Statutory Framework: Oregon criminal discovery is governed by ORS 135.805 through 135.873. Unlike some states that follow the Federal Rules, Oregon has its own statutory scheme.

2. Represented Defendant Requirement: ORS 135.815 applies to disclosure to a "represented defendant." Pro se defendants may have different procedures.

3. Timing of Disclosure: ORS 135.845 requires disclosure "without delay" and "in sufficient time to permit the defendant to make beneficial use thereof." Disclosure must occur prior to any guilty plea.

4. Material Not Subject to Discovery: ORS 135.855 exempts certain materials from discovery, including work product, informant identity (subject to exceptions), and material whose disclosure would compromise ongoing investigations or endanger witnesses.

5. Protective Orders: ORS 135.873 allows the court to issue protective orders restricting or conditioning discovery upon a showing of good cause.

6. Continuing Duty: ORS 135.835 imposes a continuing duty on both parties to promptly disclose additional material.

7. Sanctions for Non-Compliance: ORS 135.863 authorizes the court to order immediate disclosure, grant a continuance, exclude evidence, dismiss the case, or impose other appropriate orders.

8. Reciprocal Discovery: ORS 135.825 permits the district attorney to request reciprocal discovery from the defense, including witness lists, expert reports, and documents the defense intends to use at trial.

9. Oregon eCourt: Oregon uses the Oregon eCourt Case Information system. Electronic filing requirements vary by county.

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

Last updated: 2026-04-03