View Full Version : How to file for a Motion for Discovery


JJT
07-06-2005, 10:33 PM
You'll have to file a "motion for discovery" before the judge to get the discovery from the prosecutor/sheriff/police/lab etc. This is usually done at arrainment by the defense, but you can do it pretty much at any time.
They are required to hand over all discovery information -BUT you have to know what to ask for -you don't ask them -they don't have to give it.

The motion will need to be captioned just like any other motion - then you need to request all that you want.

The one's that I do are extremely broad in nature (I want to make sure I cover everything since I don't know what they do and don't have)-"all recordings, documents, notes, interviews, statements", etc, etc, etc.

This is important (learned this the hard way) - if there are any "transcribed" witness statements where all you've gotten is a written document of questions/answers -you want to request the "original tape recorded interview IN WHOLE".

Your friend also has the right to depose/interview any and all of the prosecutions witnesses on his own (that's another motion). If he has a good attorney, the attorney will do all of that for him -make sure the attorney interviews all the PA's witnesses.

You can also request any kind of scientific data or equipment certification.

Let's say it's a DUI case -you want to request the certification of the BAC reader and last service times/dates. Same with speeding tickets, you want to do a request for discovery and request the certification logs of the radar. The law says that equipment used to prosecute has to be serviced and certified under specific guidelines/time periods (each one has its own time periods). So let's say you get tagged by radar for speeding -you do a request for the service/certification on the radar equipment and find that it was supposed to be serviced 4 months before you got tagged and it wasn't -what that means is that they cannot use that reading against you in court because the equipment "may be" faulty because it wasn't serviced with in the legal time lines -same thing with DUI's and the breath readers.

One more word of advice -if the investigation involves any kind of testing (drugs/dna etc) -you'll want to request the entire procedures & protocol manual for doing that testing. In all criminal cases I would also request the police/sheriff/investigators procedureal and protocol manual for investigations -this way you can see if they followed procedure for the investigation -if you find they did not follow the procedures then the judge may grant a dismissal or keep the pa from using certain evidence because procedures or chain of custody (on evidence) were not followed.
Good luck,
Aria

Originally posted by ariafreeman July 6, 2005

haswtch
07-06-2005, 10:50 PM
great post for anywhere not just WA!