Motion for Discovery (Criminal) - Wyoming

TABLE OF CONTENTS

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

Caption

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

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Wyoming Rules of Criminal Procedure 16 and 26.2 and the due-process disclosure duties described in Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and Kyles v. Whitley, 514 U.S. 419 (1995), moves for the disclosure and inspection specified below. For each requested item, Defendant identifies the applicable rule or duty and, where needed, asks the Court to decide whether the item is discoverable.

Constitutional Basis

Brady v. Maryland Obligations

The prosecution must disclose evidence favorable to the accused that is material to guilt or punishment. Brady v. Maryland, 373 U.S. 83 (1963). The prosecutor's responsibility includes favorable evidence known to police working on the case. Kyles v. Whitley, 514 U.S. 419 (1995).

Giglio v. United States Obligations

Material evidence affecting the credibility of a government witness can fall within the favorable-evidence duty. Giglio v. United States, 405 U.S. 150 (1972). Defendant requests any such evidence in the State's possession or known to investigators working on this case, including any witness benefit or promise relevant to credibility.

State Discovery Rule

Under W.R.Cr.P. 16(a)(1), a written demand reaches these categories, subject to the rule's possession, knowledge, materiality, and intended-use limits:

• (a)(1)(A): Relevant written or recorded statements made by Defendant, the substance of oral statements the State intends to offer at trial, and related grand-jury testimony of Defendant;
• (a)(1)(B): Defendant's prior criminal record within the State's possession, custody, or control;
• (a)(1)(C): Documents, photographs, objects, buildings, or places material to preparation of the defense, intended for the State's case in chief, or obtained from or belonging to Defendant;
• (a)(1)(D): Results or reports of physical or mental examinations and scientific tests or experiments material to the defense or intended for the State's case in chief.

Rule 16(a)(2) excludes ordinary internal State documents and prospective witness statements from Rule 16 discovery, except as the rule specifies. W.R.Cr.P. 26.2 separately governs witness statements: the court may require production before trial and must order production on demand after the witness testifies. Favorable, material information is requested under Brady, Giglio, and Kyles regardless of which file holds it. Requests beyond those duties are requests for a case-specific court order, not assertions of automatic entitlement.

Categories of Discovery Requested

Defendant requests the selected items below to the extent they satisfy the cited rule or constitutional duty. For any additional item, Defendant asks the Court to consider the stated case-specific basis: [identify item, expected relevance, and why it is reasonably obtainable].

1. Witness Information

☐ Witness names and contact information needed for the defense, subject to a case-specific order and any protection the Court finds appropriate
☐ Identified witness statements under W.R.Cr.P. 26.2, including pretrial production if the Court orders it
☐ Grand-jury or preliminary-hearing testimony to the extent W.R.Cr.P. 16(a)(3), 26.2, or another applicable rule permits disclosure
☐ Criminal-history or misconduct information that is favorable and material to impeaching a State witness
☐ Benefits, promises, inducements, or immunity grants relevant to the credibility of a State witness

2. Law Enforcement Reports and Records

☐ Identified noninternal records within W.R.Cr.P. 16(a)(1)(C), examination or test reports under (D), or reports containing favorable, material information
☐ Identified officer notes or internal memoranda for which Defendant establishes a separate disclosure basis despite Rule 16(a)(2)
☐ Dispatch records, CAD logs, and incident or arrest records satisfying Rule 16(a)(1)(C)

3. Laboratory and Scientific Evidence

☐ Examination and scientific-test results or reports within W.R.Cr.P. 16(a)(1)(D)
☐ Identified chain-of-custody records, bench notes, or raw data within Rule 16(a)(1)(C) or needed for a specified defense: [details]
☐ Lab-analyst qualifications or certifications if material to a specified defense or favorable and material to impeachment: [details]

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ Evidence favorable to Defendant and material to guilt or punishment
☐ Material impeachment evidence regarding a State witness
☐ Identified officer-discipline or credibility information that meets that standard, subject to any lawful confidentiality protection and court review

5. Expert Witness Materials

☐ Examination and test reports within W.R.Cr.P. 16(a)(1)(D)
☐ Expert identity, qualifications, opinions, or underlying materials only on this additional basis or by court order: [specify]

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 other-acts evidence the State intends to introduce that meets a cited disclosure basis: [identify basis]
☐ Notice of intent to use other crimes, wrongs, or acts evidence if required by an applicable rule or case-specific order: [identify basis]
☐ 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
☐ Identified electronic-surveillance applications or orders if an applicable disclosure rule or court order permits access: [identify basis]
☐ Grand-jury materials only to the extent W.R.Cr.P. 16(a)(3), 26.2, or another applicable rule permits
☐ 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 County and Prosecuting Attorney; and that the materials sought are not requested for any improper purpose.

Proposed Order

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

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 Wyoming, through the County and Prosecuting Attorney, shall within [____] days of this Order make available the following materials found discoverable under W.R.Cr.P. 16, Rule 26.2, or the constitutional duties identified above: [LIST SPECIFIC CATEGORIES AND ANY LIMITS]. Requests not listed here are [DENIED WITHOUT PREJUDICE / RESERVED FOR HEARING / OTHERWISE RESOLVED: ____]; and it is further

ORDERED that, under W.R.Cr.P. 16(c), if either party discovers additional evidence or material previously demanded or ordered and subject to discovery under Rule 16, that party shall promptly notify the other party or the Court of its existence.

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 and Prosecuting Attorney
[________________________________]
[________________________________]

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

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

WYOMING PRACTICE NOTES:

1. Wyoming Rule 16 controls: Its subsection (a)(1) ends at (D); it has no automatic expert-summary category (E).
2. Witness statements: Rule 16(a)(2) excludes ordinary witness statements from Rule 16 discovery; Rule 26.2 allows a pretrial production order and requires production on demand after the witness testifies.
3. Continuing Duty: Rule 16(c) requires prompt notice of additional material previously demanded or ordered and subject to discovery under that rule.
4. Remedies: W.R.Cr.P. 16(d)(2) permits an order for disclosure, a continuance, exclusion of undisclosed evidence, or another order the court deems just under the circumstances.
5. Reciprocal Discovery: Rule 16(b) may require defense disclosure after Defendant demands and receives discovery under Rule 16(a)(1)(C) or (D), followed by the State's demand.
6. Internal files: Rule 16(a)(2) limits access to internal prosecution documents and witness statements; identify a separate legal basis before requesting them.
7. Case-specific showing: Tie each requested report, file, recording, or protected record to a rule, favorable and material information, or another established basis; identify the item and expected relevance for any additional court-ordered disclosure.

Sources and References

• Current Wyoming Rules of Criminal Procedure, Rules 16 and 26.2; the court amendment index lists later 2026 criminal-rule orders for Rules 3 and 3.1 and the bail schedule, not Rules 16 or 26.2.
• Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); Kyles v. Whitley, 514 U.S. 419 (1995).