TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — SDCL Chapter 23A-13
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF SOUTH DAKOTA
CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to SDCL Chapter 23A-13 (Rule 16 — Discovery), 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 VI, Section 2 of the South Dakota Constitution, hereby moves this Honorable Court for an Order directing the State of South Dakota to disclose and make available for inspection and copying the materials and information described herein.

Constitutional Basis

Brady v. Maryland Obligations

The prosecution is constitutionally required to disclose all evidence favorable to the accused that is material to guilt or punishment. Brady v. Maryland, 373 U.S. 83 (1963). This duty extends to evidence in the possession of law enforcement and other prosecution team members. Kyles v. Whitley, 514 U.S. 419 (1995).

Giglio v. United States Obligations

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

State Discovery Rule

South Dakota codifies criminal discovery rules at SDCL Chapter 23A-13, which tracks Federal Rule 16. Key provisions include:

• SDCL § 23A-13-1: Defendant's right to inspect and copy own statements;
• SDCL § 23A-13-2: Defendant's right to inspect defendant's prior criminal record;
• SDCL § 23A-13-3: Defendant's right to inspect and copy documentary and tangible evidence material to the defense or intended for use at trial;
• SDCL § 23A-13-4: Defendant's right to inspect and copy results of examinations or scientific tests;
• SDCL § 23A-13-4.1: Prosecution disclosure of exculpatory evidence;
• SDCL § 23A-13-17: Remedies for failure to comply with discovery requirements.

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
☐ Notes of all investigating officers, whether or not incorporated into formal reports
☐ Dispatch records and CAD logs
☐ All incident and arrest reports
☐ DCI (Division of Criminal Investigation) 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
☐ Proficiency testing records for involved analysts

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ All evidence favorable to the Defendant on the issue of guilt or innocence per SDCL § 23A-13-4.1
☐ 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 State's Attorney

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 SDCL § 19-19-404(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

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 from the State's Attorney; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF SOUTH DAKOTA
CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Case No.: [________________________________]

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

ORDERED that the State of South Dakota, through the State's Attorney, 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, and any additional discoverable material shall be disclosed promptly upon its discovery pursuant to SDCL § 23A-13-15.

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:

[________________________________]
[________________________________] County State's Attorney
[________________________________]
[________________________________]

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

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

SOUTH DAKOTA PRACTICE NOTES:

1. Statutory Discovery: South Dakota codifies criminal discovery under SDCL Chapter 23A-13, modeled after Federal Rule 16.
2. Exculpatory Evidence Statute: SDCL § 23A-13-4.1 specifically requires prosecution disclosure of material tending to negate guilt — a statutory Brady provision.
3. Reciprocal Discovery: Upon compliance by the State, the defendant must permit the State to inspect defense evidence under SDCL § 23A-13-12.
4. Sanctions: SDCL § 23A-13-17 authorizes the court to order discovery, grant continuances, exclude evidence, or enter other just orders for non-compliance.
5. Work Product Protection: SDCL § 23A-13-14 protects defense work product; SDCL § 23A-13-6 protects prosecution work product.
6. Continuing Duty: SDCL § 23A-13-15 mandates prompt disclosure of additional discoverable material discovered after initial compliance.