TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — S.C. R. Crim. P. 5
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF SOUTH CAROLINA
COURT OF GENERAL SESSIONS
[________________________________] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Rule 5 of the South Carolina Rules of Criminal Procedure, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 3 of the South Carolina Constitution, hereby moves this Honorable Court for an Order directing the State of South Carolina to disclose and make available for inspection and copying the materials and information described herein.

Constitutional Basis

Brady v. Maryland Obligations

The prosecution must disclose all evidence favorable to the accused that is material to guilt or punishment. Brady v. Maryland, 373 U.S. 83 (1963). This obligation extends to evidence in the possession of any member of the prosecution team, including law enforcement. Kyles v. Whitley, 514 U.S. 419 (1995); State v. Bryant, 369 S.C. 511 (2006).

Giglio v. United States Obligations

The prosecution must disclose all impeachment material affecting the credibility of government witnesses, including prior inconsistent statements, plea agreements, benefits, and records of dishonesty. Giglio v. United States, 405 U.S. 150 (1972).

State Discovery Rule

Under S.C. R. Crim. P. 5, upon request of the defendant, the prosecution shall disclose:

• (A) Statement of Defendant: Any relevant written or recorded statements of the defendant;
• (B) Defendant's Prior Record: The defendant's prior criminal record;
• (C) Documents and Tangible Objects: Books, papers, documents, photographs, tangible objects material to the defense, intended for use at trial, or obtained from the defendant;
• (D) Reports of Examinations and Tests: Results or reports of physical or mental examinations and scientific tests or experiments.

Categories of Discovery Requested

The Defendant respectfully requests the State to produce the following categories of materials:

1. Witness Information

☐ Names and addresses of all persons known to the State to have knowledge of relevant facts
☐ All written or recorded statements of prospective witnesses
☐ Prior testimony of any witness before a grand jury or at a preliminary hearing
☐ Criminal histories of all prosecution witnesses
☐ Any benefits, promises, inducements, or immunity grants provided to witnesses

2. Law Enforcement Reports and Records

☐ All police reports, supplemental reports, and investigative memoranda
☐ All notes of investigating officers, whether or not incorporated into formal reports
☐ Dispatch records and CAD logs
☐ All incident and arrest reports
☐ SLED investigative reports and analyses

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ SLED forensic laboratory reports

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ All evidence favorable to the Defendant on the issue of guilt or innocence
☐ All evidence tending to mitigate punishment
☐ All impeachment evidence regarding prosecution witnesses
☐ Internal affairs records, disciplinary actions, or findings of dishonesty involving testifying officers
☐ Any Brady/Giglio disclosure lists maintained by the Solicitor's Office

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses the State intends to call
☐ Reports, opinions, and bases for expert testimony
☐ All data, notes, and materials reviewed by experts
☐ Curriculum vitae of each expert witness

6. Electronic Evidence and Body-Worn Camera Footage

☐ All body-worn camera (BWC) footage from responding and investigating officers
☐ Dashboard camera recordings
☐ Surveillance video from any source
☐ Photographs taken during the investigation
☐ Cell phone records, GPS data, and electronic communications
☐ Social media records obtained by the State

7. 911 Calls and Dispatch Records

☐ Audio recordings of all 911 calls related to the incident
☐ Computer-aided dispatch (CAD) records and printouts
☐ Transcripts of 911 communications

8. Prior Acts and Other Crimes Evidence

☐ Any evidence of prior bad acts the State intends to introduce under S.C. R. Evid. 404(b)
☐ Notice of intent to use other crimes, wrongs, or acts evidence
☐ Supporting documentation for any such evidence

9. Co-Defendant Statements and Plea Agreements

☐ Statements made by any co-defendant or co-conspirator
☐ Plea agreements, cooperation agreements, or immunity grants involving any co-defendant or witness
☐ Proffer agreements and debriefing notes

10. Additional Materials

☐ Search warrant applications and affidavits, including sealed portions
☐ Wiretap or electronic surveillance applications and orders
☐ Grand jury transcripts and exhibits
☐ Confidential informant information subject to disclosure
☐ Medical records obtained by the State relating to the Defendant or alleged victim
☐ Any Crimestoppers information subject to disclosure under S.C. Code Ann. § 23-50-45

Good Faith Certification

Undersigned counsel hereby certifies that this Motion is filed in good faith; that counsel has made a good faith effort to obtain voluntary disclosure of the requested materials from the Solicitor's Office; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF SOUTH CAROLINA
COURT OF GENERAL SESSIONS
COUNTY OF [________________________________]

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Indictment No.: [________________________________]

Upon consideration of Defendant's Motion for Discovery, and for good cause shown, it is hereby:

ORDERED that the State of South Carolina, through the Office of the Solicitor, shall within [____] days of the date of this Order, produce and make available for inspection and copying all materials described in the Defendant's Motion for Discovery, to the extent such materials are within the possession, custody, or control of the prosecution or its agents; and it is further

ORDERED that the State's obligation to disclose is a continuing duty pursuant to Rule 5(c), SCRCrimP, and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
Circuit Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and accurate copy of the foregoing Motion for Discovery was served upon:

[________________________________]
Office of the Solicitor, [____] Judicial Circuit
[________________________________]
[________________________________]

☐ Hand delivery
☐ First-class mail, postage prepaid
☐ Electronic filing/service

_______________________________________________
[ATTORNEY NAME], Esq.
Attorney for Defendant
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

SOUTH CAROLINA PRACTICE NOTES:

1. Limited Statutory Discovery: S.C. R. Crim. P. 5 provides narrower discovery than many states. Witness statements are generally not discoverable until after the witness testifies. Brady motions are essential to fill the gap.
2. Continuing Duty: Rule 5(c) imposes a continuing obligation to disclose additional discoverable material.
3. Sanctions: Rule 5(d) authorizes the court to order discovery, grant continuances, exclude evidence, or impose other sanctions for non-compliance.
4. SLED Evidence: For cases involving SLED investigations, be specific in requesting forensic reports, chain-of-custody records, and analyst credentials.
5. No Open File Policy Required: South Carolina does not mandate open file discovery; practice varies by Solicitor's Office.
6. Victim Rights: S.C. Code Ann. § 16-3-1530 et seq. may limit disclosure of certain victim information.