TABLE OF CONTENTS

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

Caption

STATE OF VERMONT
SUPERIOR COURT, CRIMINAL DIVISION
[________________________________] UNIT

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Vermont Rule of Criminal Procedure 16, 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 Chapter I, Article 10 of the Vermont Constitution, hereby moves this Honorable Court for an Order directing the State of Vermont 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 is self-executing and extends to all members of the prosecution team. 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

Under V.R.Cr.P. 16, upon request, the prosecution shall disclose:

• (a): Defendant's own statements, documents, and tangible objects;
• (b): Statements of co-defendants;
• (c): Reports and results of physical or mental examinations and scientific tests;
• (d): Witness lists, witness statements, and witness criminal records;
• (d)(3): Disclosure shall not be required of a victim's residential address or place of employment unless the court finds that nondisclosure will prejudice the defendant.

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 per V.R.Cr.P. 16(d)
☐ 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 per V.R.Cr.P. 16(d)
☐ 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
☐ Vermont State Police investigative reports

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results per V.R.Cr.P. 16(c)
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ Vermont Forensic Laboratory reports

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 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 V.R.E. 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 per V.R.Cr.P. 16(b)
☐ 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 13 V.S.A. § 4471 et seq.
☐ 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 VERMONT
SUPERIOR COURT, CRIMINAL DIVISION
[________________________________] UNIT

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Docket No.: [________________________________]

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

ORDERED that the State of Vermont, 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.

Date: [__/__/____]

_______________________________________________
Superior Court Judge, Criminal Division

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

☐ 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]

VERMONT PRACTICE NOTES:

1. Comprehensive Discovery: Vermont Rule 16 provides relatively broad discovery, including witness statements and criminal histories pretrial — broader than many states.
2. Victim Address Protections: V.R.Cr.P. 16(d)(3) protects victim residential addresses and employment information unless the court finds nondisclosure would prejudice the defendant.
3. Reciprocal Discovery: V.R.Cr.P. 16.1 requires defense disclosure upon request after prosecution compliance.
4. Continuing Duty: Discovery obligations are continuing; newly discovered material must be promptly disclosed.
5. Sanctions: The court may order disclosure, grant continuances, exclude evidence, or impose other appropriate sanctions for non-compliance.
6. Vermont Constitution: Article 10 of Chapter I of the Vermont Constitution provides independent due process protections that may exceed federal requirements.