TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — Wis. Stat. § 971.23
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Wisconsin Statutes § 971.23, § 971.24, 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 8 of the Wisconsin Constitution, hereby moves this Honorable Court for an Order directing the State of Wisconsin 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. Giglio v. United States, 405 U.S. 150 (1972). Prosecutors are required to maintain Brady/Giglio lists identifying law enforcement officers with credibility issues.

State Discovery Rule

Under Wis. Stat. § 971.23, the following discovery is available:

§ 971.23(1) — Prosecution Disclosure:
- (1)(a): Names and addresses of witnesses the State intends to call at trial;
- (1)(b): Defendant's written or recorded statements;
- (1)(c): Criminal record of the defendant;
- (1)(d): Reports or results of scientific tests, expert opinions, and underlying data;
- (1)(e): Photographs and physical evidence related to the case;
- (1)(f): Exculpatory evidence — any relevant evidence or material that tends to negate the guilt of the accused or mitigate the offense.

§ 971.24 — Witness Statements: After a prosecution witness has testified on direct examination, the defense may request the witness's prior statements.

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 § 971.23(1)(a)
☐ All written or recorded statements of prospective witnesses
☐ Prior testimony of any witness before a preliminary hearing or John Doe proceeding
☐ 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
☐ DCI (Division of Criminal Investigation) reports and analyses

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results per § 971.23(1)(d)
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ State Crime Laboratory reports (Wisconsin State Crime Laboratory)

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ All evidence tending to negate guilt per § 971.23(1)(f)
☐ All evidence tending to mitigate the offense per § 971.23(1)(f)
☐ 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 District Attorney

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses the State intends to call
☐ Reports, opinions, and bases for expert testimony per § 971.23(1)(d)
☐ 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 and physical evidence per § 971.23(1)(e)
☐ 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 Wis. Stat. § 904.04(2)
☐ Notice of intent to use other crimes, wrongs, or acts evidence (reasonable pretrial notice required per State v. Sullivan)
☐ 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 Wis. Stat. § 968.27 et seq.
☐ John Doe proceeding 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 District Attorney; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

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 Wisconsin, through the District 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 under § 971.23(7), and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
Circuit 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 District Attorney
[________________________________]
[________________________________]

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

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

WISCONSIN PRACTICE NOTES:

1. Statutory Discovery: Wisconsin uses statutes (§ 971.23) rather than court rules for criminal discovery.
2. Codified Brady: § 971.23(1)(f) expressly requires disclosure of exculpatory evidence tending to negate guilt or mitigate the offense.
3. Witness Statements: § 971.24 governs witness statement disclosure — generally available only after the witness testifies on direct examination (Jencks-type provision).
4. Continuing Duty: § 971.23(7) requires prompt disclosure of additional discoverable material and names of additional witnesses discovered after initial compliance.
5. Jury Instruction Sanction: § 971.23(7m) allows the court to advise the jury of any failure or refusal to disclose required material — a unique and powerful sanction.
6. John Doe Proceedings: Wisconsin uses John Doe proceedings rather than grand juries; transcripts may be subject to disclosure.
7. Brady/Giglio Lists: No statewide standard exists for maintaining Brady/Giglio disclosure lists; practices vary by District Attorney office.