Motion for Discovery (Criminal)

TABLE OF CONTENTS

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

Caption

IN THE [________________________________] DISTRICT COURT
[________________________________] JUDICIAL DISTRICT
IN AND FOR [________________________________] COUNTY, STATE OF UTAH

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Rule 16 of the Utah 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 7 of the Utah Constitution, hereby moves this Honorable Court for an Order directing the State of Utah 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 obligation extends to evidence in the possession of any member of the prosecution team. Kyles v. Whitley, 514 U.S. 419 (1995); State v. Knight, 734 P.2d 913 (Utah 1987).

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

Under Utah R. Crim. P. 16(a), the prosecutor shall disclose the following as soon as practicable following the filing of an information:

• (a)(1)(A): Evidence that tends to negate the guilt of the defendant, mitigate the guilt of the defendant, or mitigate the degree of the offense or reduce the penalty;
• (a)(1)(B): Known material witnesses and their statements;
• (a)(1)(C): Defendant's statements, oral, written, or recorded;
• (a)(1)(D): Defendant's prior criminal record;
• (a)(1)(E): Physical evidence, documents, and tangible objects;
• (a)(1)(F): Results of examinations and scientific tests;
• (a)(1)(G): Expert witness information, including opinions and bases.

2023 Amendment (SJR006): The prosecutor must disclose all evidence relied upon to file the information within five days after receiving a discovery request from the defendant.

Categories of Discovery Requested

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

1. Witness Information

☐ Names and contact information of all known material witnesses per Rule 16(a)(1)(B)
☐ 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
☐ BCI (Bureau of Criminal Identification) records and reports

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results per Rule 16(a)(1)(F)
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ Utah State Crime Lab reports and analyses

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ All evidence tending to negate guilt per Rule 16(a)(1)(A)
☐ All evidence tending to mitigate guilt or the degree of offense
☐ All evidence tending to reduce the penalty
☐ 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 prosecuting authority

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses per Rule 16(a)(1)(G)
☐ 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 Utah R. Evid. 404(b)
☐ Notice of intent to use other crimes, wrongs, or acts evidence (reasonable pretrial 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
☐ Preliminary hearing transcripts
☐ Confidential informant information subject to disclosure
☐ Medical records obtained by the State relating to the Defendant or alleged victim
☐ Evidence relied upon to file the information per Rule 16 (2023 amendment)

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 prosecuting authority; and that the materials sought are not requested for any improper purpose.

Proposed Order

IN THE [________________________________] DISTRICT COURT
IN AND FOR [________________________________] COUNTY, STATE OF UTAH

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 Utah, through the prosecuting authority, 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 any member of the prosecution team; and it is further

ORDERED that the State's obligation to disclose is a continuing duty under Rule 16(a), and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
District 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 Attorney / District Attorney
[________________________________]
[________________________________]

☐ Hand delivery
☐ First-class mail, postage prepaid
☐ Electronic filing via Utah e-filing system

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

UTAH PRACTICE NOTES:

1. Broad Discovery Rule: Utah Rule 16 is broader than many states and includes affirmative prosecutorial disclosure obligations, including exculpatory, mitigating, and penalty-reducing evidence.
2. Prosecution Team Defined: State v. Knight, 734 P.2d 913 (Utah 1987) broadly defines the "prosecution team" to include all law enforcement agencies involved in the investigation.
3. 2023 Amendment: SJR006 requires prosecutors to disclose all evidence relied upon to file the information within five days of a defense discovery request.
4. Continuing Duty: The prosecutor's disclosure obligation is continuing and arises as material becomes known.
5. Reciprocal Discovery: Rule 16(b) requires defense disclosure upon request after prosecution compliance.
6. Sanctions: Rule 16(e) authorizes the court to order disclosure, grant continuances, exclude evidence, or dismiss for discovery violations.