TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — Tenn. R. Crim. P. 16
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF TENNESSEE
[________________________________] CRIMINAL / CIRCUIT COURT
[________________________________] JUDICIAL DISTRICT
COUNTY OF [________________________________]

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Tennessee Rule of Criminal Procedure 16, Tennessee Rule of Criminal Procedure 26.2, 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 8 of the Tennessee Constitution, hereby moves this Honorable Court for an Order directing the State of Tennessee 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 within the possession of the prosecution team, including law enforcement. Kyles v. Whitley, 514 U.S. 419 (1995); State v. Edgin, 902 S.W.2d 387 (Tenn. 1995).

Giglio v. United States Obligations

The prosecution must disclose all impeachment evidence affecting the credibility of government witnesses. Giglio v. United States, 405 U.S. 150 (1972); State v. Workman, 667 S.W.2d 44 (Tenn. 1984).

State Discovery Rule

Under Tenn. R. Crim. P. 16, upon the defendant's request, the prosecution shall permit inspection and copying of:

• (a)(1)(A): Defendant's oral, written, and recorded statements;
• (a)(1)(B): Defendant's prior criminal record;
• (a)(1)(C): Documents, tangible objects, books, papers, photographs, buildings, or places material to the defense, intended for use at trial, or obtained from the defendant;
• (a)(1)(D): Results or reports of physical or mental examinations and scientific tests or experiments;
• (a)(1)(E): Written summary of expert testimony the State intends to use at trial.

Note on Witness Statements: Under Tenn. R. Crim. P. 26.2, witness statements are generally not discoverable until after the witness has testified on direct examination. Brady obligations, however, may require earlier disclosure of material impeachment evidence.

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 (to the extent discoverable under Brady)
☐ 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
☐ TBI (Tennessee Bureau of 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
☐ TBI forensic laboratory reports and analyses

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 District Attorney General

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses the State intends to call
☐ Written summary of expert testimony per Tenn. R. Crim. P. 16(a)(1)(E)
☐ Reports, opinions, and bases for expert testimony
☐ All data, notes, and materials reviewed by experts

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 Tenn. R. Evid. 404(b)
☐ Notice of intent to use other crimes, wrongs, or acts evidence (reasonable notice required)
☐ 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 per Tenn. Code Ann. § 40-6-303
☐ Grand jury transcripts and exhibits
☐ Confidential informant information subject to disclosure
☐ Medical records obtained by the State relating to the Defendant or alleged victim
☐ Autopsy reports and medical examiner findings (if applicable)

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 District Attorney General's Office; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF TENNESSEE
[________________________________] CRIMINAL / CIRCUIT COURT
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 Tennessee, through the District Attorney General, 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 under Tenn. R. Crim. P. 16(c), and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
Judge, Criminal/Circuit Court

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 District Attorney General
[________________________________] Judicial District
[________________________________]
[________________________________]

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

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

TENNESSEE PRACTICE NOTES:

1. Narrow Discovery Rules: Tennessee Rule 16 is widely regarded as providing limited discovery compared to many states. Brady/Giglio motions are essential to supplement statutory discovery.
2. Witness Statements — Rule 26.2: Witness statements are generally not discoverable until after the witness testifies on direct examination (Jencks-type rule). However, Brady may require earlier disclosure of material impeachment evidence.
3. Rule 404(b) Notice: Tennessee Rule of Evidence 404(b) requires the prosecution to give reasonable pretrial notice of intent to introduce prior bad acts evidence.
4. Continuing Duty: Rule 16(c) requires ongoing disclosure of additional discoverable material.
5. Sanctions: Rule 16(d)(2) authorizes the court to order disclosure, grant continuances, exclude evidence, or dismiss charges for discovery violations.
6. Open File Policies: Some Tennessee District Attorney General offices maintain open file policies; verify local practice.