Motion for Discovery (Criminal) - Utah

MOTION FOR DISCOVERY

IN THE [________________________________] DISTRICT COURT

[________________________________] JUDICIAL DISTRICT — [________________________________] COUNTY, UTAH

Defendant, through undersigned counsel, requests an order enforcing the prosecution's disclosures under Utah Rule of Criminal Procedure 16 and the favorable-evidence duties recognized in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). Defendant also requests the applicable expert notice under Utah Code § 77-17-13 and, by this motion, notice under Utah Rule of Evidence 404(b)(2).

Grounds and scope

1. Rule 16(a)(1)(A)–(F) requires disclosure of material or information directly related to this case that the prosecution team knows and controls: defendant and codefendant statements; examination, identification, and test reports and results; physical and electronic evidence; written or recorded witness statements; law-enforcement reports and notes not incorporated into a report; and evidence required by the United States or Utah constitutions. Brady addresses favorable evidence material to guilt or punishment; Giglio applies the rule to credibility evidence when witness reliability may determine guilt or innocence.
2. Under Rule 16(a)(2), the duty continues as material becomes known. Disclosures are due as soon as practicable after the information is filed; evidence relied on to file the information is due within five days after the prosecutor receives a defense discovery request. Presently and reasonably available Rule 16(a)(1) material must be disclosed before the preliminary examination, if applicable, or before a guilty or no-contest plea or trial, unless Defendant waives disclosure.
3. Rule 16(a)(5) separately requires the intended trial witness list and exhibits no later than 14 days, or as soon as practicable, before trial. Criminal histories of intended prosecution witnesses are provided under Rule 16(a)(5)(C) upon court order.
4. Rule 16(a)(3) supplies a separate process for a record held by another government agency: Defendant must identify the record and agency with particularity and show the record is directly related to this case. Defendant identifies any such record below. Rule 16(a)(4) permits additional evidence on a showing of good cause needed to prepare the defense.
5. Privilege, attorney work product, lawful nondisclosure, safety, privacy, and protective limitations are governed by Rule 16(a)(6), (c), and (d). Defendant requests notice of withheld material and the Rule 16(c)(2) in-camera procedure where applicable, rather than automatic disclosure of protected material.

Discovery requested

Defendant requests the following to the extent Rule 16(a)(1) applies, including material already due but not furnished. Select and identify the items relevant to this case:

• ☐ Defendant and codefendant written or recorded statements, and the substance of their unrecorded oral statements to law enforcement.
• ☐ Examination, identification, scientific-test, laboratory, and expert-test reports and results.
• ☐ Case-related physical and electronic evidence, including warrants and affidavits, photographs, video, body-camera footage, communications, and other recordings, subject to Rule 16(c) and (d).
• ☐ Written or recorded witness statements, including recorded 911 calls and recorded prior testimony within the prosecution team's knowledge and control.
• ☐ Law-enforcement reports and notes not incorporated into reports, including case-related dispatch and investigative records.
• ☐ Favorable evidence material to guilt or punishment, including material credibility evidence concerning an intended government witness, such as a case-related promise of leniency or benefit.
• ☐ Evidence relied upon by the prosecutor to file the information, under Rule 16(a)(2).

Defendant also requests these separately governed disclosures:

• ☐ The Rule 16(a)(5)(A) intended trial witness list and contact information, unless disclosure is prohibited by law, and the Rule 16(a)(5)(B) intended trial exhibits.
• ☐ An order under Rule 16(a)(5)(C) for the criminal records, if any, of intended prosecution trial witnesses. Grounds for this request: [________________________________].
• ☐ In a felony case, the expert notice and supporting information required by Utah Code § 77-17-13(1), with underlying tests or specialized data requested under subsection (2). Defendant recognizes the subsection (5) preliminary-hearing provision and subsection (6) state-employee exception when its conditions are met. Expert(s) or field(s) at issue: [________________________________].
• ☐ Reasonable notice of the general nature of any other-act evidence the prosecutor intends to offer at trial under Utah Rule of Evidence 404(b)(2), before trial unless the court excuses pretrial notice for good cause.
• ☐ Other evidence necessary to prepare the defense under Rule 16(a)(4), on these particularized good-cause grounds: [________________________________].

Other-agency record request under Rule 16(a)(3), if applicable: Agency: [________________________________]. Particular record: [________________________________]. Direct relationship to this case: [________________________________]. Defendant requests that the prosecutor obtain and disclose this record if it may be shared under the rule. If the agency refuses to share it, or law prohibits disclosure to the defense, Defendant requests the prosecutor's prompt notice stating the reasons, so Defendant may seek a subpoena or other order.

Protected or withheld material: Defendant requests the Rule 16(c)(2) notice identifying the nature and basis of any withheld Rule 16 material. If Defendant then seeks disclosure, Defendant requests in-camera review and any appropriate restrictions under Rule 16(d). Specific disputed item, if known: [________________________________].

Requested relief

Defendant asks the Court to order disclosure of any overdue Rule 16(a)(1) material, set reasonable compliance dates for the separately governed items selected above, resolve the particularized requests as supported by the stated grounds, and preserve the continuing disclosure duty. Defendant reserves any later Rule 16(e) request for relief if a party fails to comply with the rule.

Date: [__/__/____]

Signature: _______________________________________________

[ATTORNEY NAME], [BAR NUMBER], Counsel for Defendant

[ADDRESS] | [PHONE] | [EMAIL]

Certificate of service

I certify that on [__/__/____], I served this motion on [PROSECUTOR NAME AND ADDRESS] by: ☐ electronic filing ☐ hand delivery ☐ mail ☐ other: [________________________________].

Signature: _______________________________________________ [ATTORNEY NAME]

[PROPOSED] ORDER ON MOTION FOR DISCOVERY

IN THE [________________________________] DISTRICT COURT — [________________________________] COUNTY, UTAH

The Court has considered Defendant's motion, the selected requests, any response, and the grounds stated. It is ORDERED:

1. The prosecutor shall disclose any overdue material covered by Utah Rule of Criminal Procedure 16(a)(1) that is directly related to this case and within the prosecution team's knowledge and control by [DATE], subject to Rule 16(a)(6), (c), and (d). The Rule 16(a)(2) continuing duty remains in effect.
2. The prosecutor shall provide the Rule 16(a)(5) trial witness list and intended exhibits by the time specified in that rule. The request for intended-witness criminal records under Rule 16(a)(5)(C) is ☐ granted ☐ denied ☐ reserved; if granted, disclose by [DATE], subject to any lawful restrictions.
3. The particularized other-agency record request is ☐ granted ☐ denied ☐ reserved. If granted, the prosecutor shall proceed under Rule 16(a)(3); any refusal or legal bar shall be reported as the rule requires. Agency and record: [________________________________].
4. The Rule 16(a)(4) good-cause request is ☐ granted ☐ denied ☐ reserved. If granted, item and deadline: [________________________________].
5. Expert disclosure under Utah Code § 77-17-13 and other-act notice under Utah Rule of Evidence 404(b)(2) shall be made when those provisions apply. Additional directions, if any: [________________________________].
6. Withheld material shall be handled under Rule 16(c)(2). Disclosure limits or protective terms, if ordered under Rule 16(d): [________________________________].

Date: [__/__/____]

Signature: _______________________________________________ District Court Judge