MOTION FOR DISCOVERY (CRIMINAL) — TEXAS

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. Texas Practice Notes

1. Caption

IN THE [________________________________] COURT
[________________________________] COUNTY, TEXAS
[________________________________] JUDICIAL DISTRICT

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, [ATTORNEY NAME], and respectfully moves this Honorable Court for an Order compelling the State of Texas, through the [________________________________] County [☐ District Attorney's / ☐ County Attorney's] Office, to provide complete discovery in accordance with Article 39.14 of the Texas Code of Criminal Procedure (the Michael Morton Act), the Due Process Clauses of the United States and Texas 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 / ☐ complaint] with [________________________________], a [☐ felony / ☐ misdemeanor] offense.

2. On [__/__/____], undersigned counsel served a timely written request for discovery upon the [________________________________] County [☐ District Attorney's / ☐ County Attorney's] Office pursuant to Art. 39.14(a) of the Texas Code of Criminal Procedure.

3. As of the date of this Motion, the State has [failed to produce any discovery / failed to produce complete discovery, specifically: [________________________________]].

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

5. More than [____] days have elapsed since the discovery request was served, and the State has not produced materials "as soon as practicable" as required by Art. 39.14(a).

4. Legal Authority

A. Tex. Code Crim. Proc. Art. 39.14(a) — Discovery Upon Request

Upon receiving a timely request from the defendant, the State shall produce and permit inspection and electronic duplication of:

"any offense reports, any designated documents, papers, written or recorded statements of the defendant or a witness, including witness statements of law enforcement officers... or any designated books, accounts, letters, photographs, or objects or other tangible things not otherwise privileged that constitute or contain evidence material to any matter involved in the action and that are in the possession, custody, or control of the state or any person under contract with the state."

B. Tex. Code Crim. Proc. Art. 39.14(h) — Exculpatory, Impeachment, and Mitigating Evidence

The State shall disclose, without a request:

"any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged."

This obligation has no materiality requirement, unlike constitutional Brady.

C. Tex. Code Crim. Proc. Art. 39.14(k) — Continuing Duty

"If at any time before, during, or after trial the state discovers any additional document, item, or information required to be disclosed under Subsection (h), the state shall promptly disclose..."

D. Art. 39.14(j) — Acknowledgment

Before accepting a plea or before trial, each party must acknowledge in writing or on the record all documents, items, and information provided under Art. 39.14.

E. Constitutional Due Process

The Fourteenth Amendment and Article I, Sections 13 and 19 of the Texas Constitution guarantee due process and the right to a fair trial.

F. Texas Case Law

State v. Heath, 696 S.W.3d 677 (Tex. Crim. App. 2024); Watkins v. State, 619 S.W.3d 265 (Tex. Crim. App. 2021); Davy v. State, 525 S.W.3d 745 (Tex. App. 2017).

5. Brady/Giglio Obligations

Art. 39.14(h) codifies and expands the State's Brady obligations. Unlike constitutional Brady, Art. 39.14(h) does not require a showing of materiality.

The Defendant specifically requests all Brady/Giglio material:

☐ Any and all exculpatory evidence tending to negate guilt

☐ Any and all mitigating evidence tending to 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
- Disciplinary records or internal affairs files of law enforcement witnesses

☐ Evidence suggesting alternative suspects

☐ Evidence of witness misidentification or recantation

☐ Evidence contradicting the State's theory

☐ If the State intends to use jailhouse informant testimony, all information required by Art. 39.14(h-1), including:
- Complete criminal history of the informant
- Any grants, promises, or offers of leniency
- Information about other cases where the informant testified or offered to testify

6. Categories of Discovery Requested

Pursuant to Art. 39.14, the Defendant requests:

A. Offense Reports (Art. 39.14(a))

☐ All offense reports
☐ All supplemental reports
☐ All incident and arrest reports
☐ Officer notes and memoranda
☐ Dispatch records and CAD reports
☐ 911 call recordings

B. Defendant's and Witness Statements (Art. 39.14(a))

☐ All written or recorded statements of the Defendant
☐ All written or recorded statements of witnesses, including law enforcement officers
☐ Substance of any oral statements of the Defendant
☐ Grand jury testimony of the Defendant and witnesses

C. Documentary Evidence (Art. 39.14(a))

☐ All designated documents, papers, books, accounts, and letters
☐ All photographs
☐ Search warrants, affidavits, and returns
☐ All items the State intends to use at trial

D. Physical and Tangible Evidence (Art. 39.14(a))

☐ All tangible objects material to the case
☐ Items obtained from or belonging to the Defendant
☐ Opportunity to inspect, photograph, and test physical evidence

E. Expert Evidence (Art. 39.14(b))

☐ Names and addresses of expert witnesses the State may call at trial
☐ Expert qualifications and curriculum vitae
☐ Expert reports, findings, and opinions
☐ Underlying data, bench notes, and testing protocols
☐ Chain of custody documentation

Note: Expert witness disclosure must be made not later than 20 days before jury selection (or presentation of evidence in a bench trial). Art. 39.14(b).

F. Exculpatory, Impeachment, and Mitigating Evidence (Art. 39.14(h))

☐ All exculpatory documents, items, or information
☐ All impeachment documents, items, or information
☐ All mitigating documents, items, or information
☐ Any evidence tending to negate guilt
☐ Any evidence tending to reduce punishment

G. Jailhouse Informant Evidence (Art. 39.14(h-1)) (if applicable)

☐ Complete criminal history of the informant
☐ Grants, promises, or offers of immunity, reduction, or leniency
☐ Information about other cases where the informant testified or offered to testify

H. Law Enforcement Recordings

☐ Body-worn camera footage
☐ Dashboard camera footage
☐ In-car camera recordings
☐ Surveillance video from any source
☐ Recorded interviews or interrogations

I. Electronic and Digital Evidence

☐ Cell phone records and cell site location information
☐ Social media records
☐ Email and text message records
☐ Computer forensic analysis reports
☐ Electronic surveillance recordings, orders, and applications

J. Witness Criminal History

☐ Criminal history records of all prosecution witnesses
☐ Pending charges against any prosecution witness
☐ Records of benefits or consideration provided to witnesses

7. Good Faith Certification

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

1. On [__/__/____], I served a timely written request for discovery upon the [________________________________] County [☐ District Attorney's / ☐ County Attorney's] Office pursuant to Art. 39.14(a).

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

3. The State has not complied with its discovery obligations "as soon as practicable."

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

[ATTORNEY NAME]
Attorney for Defendant
State Bar No. [________________________________]
Date: [__/__/____]

8. Proposed Order

IN THE [________________________________] COURT
[________________________________] COUNTY, TEXAS

THE STATE OF TEXAS v. [DEFENDANT FULL NAME]
Cause No.: [________________________________]

ORDER GRANTING MOTION FOR DISCOVERY

On this day came to be heard the Defendant's Motion for Discovery.

The Court, having considered the Motion and any response, FINDS that the Defendant is entitled to discovery under Art. 39.14 of the Texas Code of Criminal Procedure.

IT IS THEREFORE 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 Art. 39.14.

2. The State shall disclose all exculpatory, impeachment, and mitigating evidence pursuant to Art. 39.14(h), regardless of whether a specific request has been made.

3. The State's obligations are continuing under Art. 39.14(k), and any additional materials shall be promptly disclosed.

4. Prior to trial or acceptance of any plea, the parties shall comply with the acknowledgment requirements of Art. 39.14(j).

5. Failure to comply may result in the Court exercising its remedial authority, including but not limited to exclusion of evidence, continuance, or other appropriate relief.

SIGNED this [____] day of [____________], [____].

______________________________________
JUDGE PRESIDING

9. Certificate of Service

I, [ATTORNEY NAME], 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 / ☐ County Attorney's] Office
[________________________________]
[________________________________]

☐ By hand delivery
☐ By certified mail, return receipt requested
☐ By electronic filing (eFileTexas)
☐ By email to: [________________________________]

______________________________________
[ATTORNEY NAME]

10. Texas Practice Notes

1. Michael Morton Act: Art. 39.14 was substantially amended in 2013 (effective January 1, 2014) by the Michael Morton Act, named after Michael Morton, who was wrongfully convicted and served nearly 25 years in prison due to prosecutorial suppression of evidence.

2. Request to the State Required: The defense must make a timely request to the STATE (prosecutor), not to the court. A motion filed with the court alone does not trigger Art. 39.14(a). Hinojosa v. State, 554 S.W.3d 795 (Tex. App. 2018).

3. "As Soon as Practicable": Art. 39.14(a) requires the State to produce "as soon as practicable" after receiving a timely request. This includes a duty of reasonable diligence to discover what evidence exists. State v. Heath, 696 S.W.3d 677 (Tex. Crim. App. 2024).

4. No Materiality Requirement for Art. 39.14(h): Unlike constitutional Brady, Art. 39.14(h) does not require the evidence to be "material." All exculpatory, impeachment, and mitigating evidence must be disclosed.

5. Art. 39.14(h) — No Request Needed: Exculpatory, impeachment, and mitigating evidence must be disclosed under Art. 39.14(h) regardless of whether the defendant makes a request.

6. Continuing Duty: Art. 39.14(k) imposes a continuing duty to disclose additional Art. 39.14(h) material at any time before, during, or after trial.

7. Acknowledgment Requirement: Art. 39.14(j) requires that before a plea or trial, each party must acknowledge in writing or on the record all discovery provided.

8. Third-Party Contractors: Art. 39.14(a) extends to evidence "in the possession, custody, or control of the state or any person under contract with the state," including third-party vendors and contractors.

9. Non-Disclosure Restrictions: Art. 39.14(e) prohibits the defense from disclosing materials to third parties unless ordered by the court or the materials are already publicly disclosed.

10. Remedy for Violation: Art. 39.14 does not prescribe a specific remedy for non-compliance. Courts apply varying standards, including exclusion of evidence or granting continuances. See Moten v. State, 2024 Tex. Crim. App.

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

Last updated: 2026-04-03