Motion for Discovery (Criminal)

TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — CrR 4.7
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF WASHINGTON
SUPERIOR COURT OF [________________________________] COUNTY

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to CrR 4.7 (Discovery), 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 3 of the Washington State Constitution, hereby moves this Honorable Court for an Order directing the State of Washington 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 in the possession of law enforcement and 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 CrR 4.7(a), the prosecuting attorney shall disclose the following material and information no later than the omnibus hearing:

• (a)(1): Names and addresses of witnesses the prosecuting attorney intends to call at trial, with any written or recorded statements and the substance of oral statements;
• (a)(2): Written or recorded statements of the defendant and the substance of oral statements;
• (a)(3): Criminal record of the defendant and prosecution witnesses;
• (a)(4): Documents, photographs, and tangible objects material to the case;
• (a)(5): Reports of examinations and tests;
• (a)(6): A written summary of expert testimony including opinions, bases, and qualifications;
• (a)(7): Any material or information that tends to negate guilt, mitigate punishment, or affect credibility of witnesses.

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 witnesses the State intends to call per CrR 4.7(a)(1)
☐ All written or recorded statements of prospective witnesses
☐ Substance of any oral statements made by witnesses
☐ Criminal histories of all prosecution witnesses per CrR 4.7(a)(3)
☐ 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
☐ Washington State Patrol (WSP) investigative reports

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results per CrR 4.7(a)(5)
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ WSP Crime Laboratory reports and analyses

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ All material or information tending to negate guilt per CrR 4.7(a)(7)
☐ All evidence tending to mitigate punishment
☐ All evidence affecting the credibility of prosecution witnesses
☐ Internal affairs records, disciplinary actions, or findings of dishonesty involving testifying officers
☐ Any Brady/Giglio disclosure lists maintained by the Prosecuting Attorney
☐ CJTC (Criminal Justice Training Commission) decertification records

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses per CrR 4.7(a)(6)
☐ Written summary of expert opinions and bases
☐ Reports and 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 ER 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
☐ 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 RCW 9.73.090
☐ Grand jury transcripts and exhibits (if applicable)
☐ 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 Prosecuting Attorney; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF WASHINGTON
SUPERIOR COURT OF [________________________________] COUNTY

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Cause No.: [________________________________]

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

ORDERED that the State of Washington, through the Prosecuting Attorney, shall within [____] days of the date of this Order (or no later than the omnibus hearing), 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 CrR 4.7(h)(2), and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
Superior Court Judge

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 Prosecuting Attorney
[________________________________] County
[________________________________]
[________________________________]

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

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

WASHINGTON PRACTICE NOTES:

1. Broad Discovery Rule: CrR 4.7 is one of the most comprehensive criminal discovery rules in the nation, requiring disclosure of witness lists, statements, criminal records, and exculpatory/impeachment evidence.
2. Omnibus Hearing Deadline: Disclosure is due no later than the omnibus hearing under CrR 4.7(a).
3. Continuing Duty: CrR 4.7(h)(2) imposes a continuing obligation to disclose additional discoverable material and requires notification of the court if discovered during trial.
4. No Impeding Investigation: CrR 4.7(g) prohibits either party from advising persons with relevant information to refrain from discussing the case with opposing counsel.
5. Courts of Limited Jurisdiction: CrRLJ 4.7 provides parallel discovery rules for district and municipal courts.
6. Privacy Act: Washington's Privacy Act (RCW 9.73) may affect the admissibility and disclosure of intercepted communications.
7. Sanctions: CrR 4.7(h)(7) authorizes remedies including exclusion of evidence, continuances, mistrial, or dismissal.