MOTION FOR DISCOVERY (CRIMINAL) — PENNSYLVANIA

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. Pennsylvania Practice Notes

1. Caption

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY
COMMONWEALTH OF PENNSYLVANIA
CRIMINAL DIVISION

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, [ATTORNEY NAME], Esquire, and respectfully moves this Honorable Court for an Order compelling the Commonwealth of Pennsylvania, through the [________________________________] County District Attorney's Office, to provide pretrial discovery and inspection in accordance with Pa.R.Crim.P. 573, the Due Process Clauses of the United States and Pennsylvania 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 [________________________________].

2. On [__/__/____], undersigned counsel filed a request for mandatory discovery pursuant to Pa.R.Crim.P. 573(B)(1) with the [________________________________] County District Attorney's Office.

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

4. This Motion also seeks discretionary discovery pursuant to Pa.R.Crim.P. 573(B)(2), which requires a court order upon a showing that the requested materials are material to the defense and that the request is reasonable.

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

4. Legal Authority

A. Pa.R.Crim.P. 573(B)(1) — Mandatory Disclosure

Upon request by the defendant, the Commonwealth shall disclose:

• (a) — Any evidence favorable to the accused that is material either to guilt or to punishment, and is within the possession or control of the attorney for the Commonwealth
• (b) — Written or recorded statements of the defendant and co-defendants, and the substance of oral statements
• (c) — Defendant's prior criminal record
• (d) — Circumstances and results of identification procedures
• (e) — Results of scientific tests, expert opinions, and reports when they are available

B. Pa.R.Crim.P. 573(B)(2) — Discretionary Disclosure

Upon motion of the defendant and upon a showing that the items sought are material to the preparation of the defense and that the request is reasonable, the court may order the Commonwealth to disclose:

• (a) — Names and addresses of eyewitnesses
• (b) — All written or recorded statements of eyewitnesses
• (c) — Expert reports, results of scientific tests, and related matters
• (d) — Tangible objects, photographs, and documents material to the defense or intended for use at trial

C. Pa.R.Crim.P. 573(E) — Remedy

If the court finds a failure to comply, the court may order disclosure, grant a continuance, prohibit the introduction of evidence, or enter other appropriate orders.

D. Constitutional Due Process

The Fourteenth Amendment and Article I, Sections 9 and 25 of the Pennsylvania Constitution guarantee due process and the rights of the accused.

E. Pennsylvania Case Law

Commonwealth v. Burke, 781 A.2d 1136 (Pa. 2001); Commonwealth v. Willis, 46 A.3d 648 (Pa. 2012); Commonwealth v. Chambers, 807 A.2d 872 (Pa. 2002) (discussing Brady obligations in Pennsylvania).

5. Brady/Giglio Obligations

Pa.R.Crim.P. 573(B)(1)(a) codifies the Commonwealth's obligation to disclose favorable evidence:

"[A]ny evidence favorable to the accused that is material either to guilt or to punishment, and is within the possession or control of the attorney for the Commonwealth."

The Defendant specifically requests all Brady/Giglio material:

☐ 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 Commonwealth's theory

6. Categories of Discovery Requested

A. Mandatory Discovery — Pa.R.Crim.P. 573(B)(1)

Favorable Evidence (Rule 573(B)(1)(a))

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

Defendant's and Co-Defendant's Statements (Rule 573(B)(1)(b))

☐ All written or recorded statements of the Defendant
☐ All written or recorded statements of any co-defendant
☐ Substance of any oral statements of the Defendant or co-defendant
☐ Testimony of the Defendant before a grand jury

Defendant's Criminal History (Rule 573(B)(1)(c))

☐ The Defendant's prior criminal record

Identification Evidence (Rule 573(B)(1)(d))

☐ Circumstances and results of any identification procedures, including:
- Photo arrays, lineups, and showups
- Witness identification statements
- Documentation of identification procedures

Scientific and Expert Evidence (Rule 573(B)(1)(e))

☐ Results of all scientific tests, when available
☐ Expert opinions and reports
☐ Underlying data and bench notes
☐ Chain of custody documentation

B. Discretionary Discovery — Pa.R.Crim.P. 573(B)(2)

The Defendant respectfully submits that the following items are material to the preparation of the defense and that this request is reasonable:

Eyewitness Information (Rule 573(B)(2)(a)-(b))

☐ Names and addresses of all eyewitnesses
☐ All written or recorded statements of eyewitnesses
☐ Criminal history records of all prosecution witnesses

Expert Evidence (Rule 573(B)(2)(c))

☐ All expert reports not already disclosed under mandatory provisions
☐ Expert qualifications and curriculum vitae
☐ Detailed expert findings and testing protocols

Tangible Objects and Documents (Rule 573(B)(2)(d))

☐ All photographs, documents, and tangible objects material to the defense
☐ All items the Commonwealth intends to use at trial
☐ Search warrants, affidavits, and returns
☐ Opportunity to inspect, photograph, and test physical evidence

C. 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 (CAD reports)
☐ Radio communications

D. Electronic and Digital Evidence

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

E. Witness Cooperation Agreements

☐ All plea agreements, cooperation agreements, or inducements to any witness
☐ Records of any benefits provided to witnesses

7. Good Faith Certification

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

1. On [__/__/____], I served a written request for mandatory discovery upon the [________________________________] County District Attorney's Office pursuant to Pa.R.Crim.P. 573(B)(1).

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

3. The Commonwealth has not fully complied with its discovery obligations.

4. The discretionary discovery items requested herein are material to the preparation of the defense and the request is reasonable.

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

[ATTORNEY NAME], Esquire
Attorney for Defendant
Pa. Attorney ID No. [________________________________]
Date: [__/__/____]

8. Proposed Order

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY
COMMONWEALTH OF PENNSYLVANIA — CRIMINAL DIVISION

COMMONWEALTH v. [DEFENDANT FULL NAME]
No.: [________________________________]

ORDER

AND NOW, this [____] day of [____________], [____], upon consideration of the Defendant's Motion for Pretrial Discovery and Inspection, and any response thereto, it is hereby:

ORDERED that the Commonwealth shall, within [____] days of this Order, provide the Defendant with all materials required under Pa.R.Crim.P. 573(B)(1) (mandatory discovery) as set forth in the Motion.

FURTHER ORDERED that the Commonwealth shall, within [____] days of this Order, provide the Defendant with the discretionary discovery items set forth in Pa.R.Crim.P. 573(B)(2) as described in the Motion, the Court having found that such items are material to the defense and the request is reasonable.

FURTHER ORDERED that the Commonwealth's disclosure obligations are continuing, and any additional materials shall be promptly disclosed.

FURTHER ORDERED that failure to comply may result in sanctions under Pa.R.Crim.P. 573(E).

BY THE COURT:

______________________________________
J.

9. Certificate of Service

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

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

☐ By hand delivery
☐ By first-class mail
☐ By electronic filing (PACFile)
☐ By email to: [________________________________]

______________________________________
[ATTORNEY NAME], Esquire

10. Pennsylvania Practice Notes

1. Two-Tier Discovery System: Pennsylvania uses a two-tier system: mandatory disclosure under Rule 573(B)(1) (available upon request) and discretionary disclosure under Rule 573(B)(2) (requires court order upon showing of materiality and reasonableness).

2. No Automatic Disclosure: Unlike some states, Pennsylvania does not have fully automatic disclosure. Mandatory discovery requires a defense request; discretionary discovery requires a motion and court order.

3. Favorable Evidence Mandatory: Rule 573(B)(1)(a) makes disclosure of all evidence favorable to the accused mandatory upon request, codifying Brady within the rules.

4. Materiality Showing for Discretionary Items: For Rule 573(B)(2) items, the defendant must show that the materials are "material to the preparation of the defense" and that the request is "reasonable."

5. Continuing Duty: Although not explicitly stated in Rule 573, Pennsylvania courts recognize a continuing duty to disclose under both the rules and Brady. See Commonwealth v. Burke, 781 A.2d 1136 (Pa. 2001).

6. Reciprocal Discovery: Rule 573(C) allows the Commonwealth to obtain reciprocal discovery, including notice of alibi, insanity defense, expert reports, and documents the defense intends to use at trial.

7. Sanctions: Rule 573(E) authorizes the court to order disclosure, grant a continuance, exclude evidence, or enter other appropriate orders for non-compliance.

8. Local Rules: Many Pennsylvania counties have local rules regarding discovery procedures, timelines, and formats. Check the local rules of the [________________________________] County Court of Common Pleas.

9. Electronic Filing: Pennsylvania uses the PACFile system for electronic filing. Verify county-specific e-filing requirements.

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

Last updated: 2026-04-03