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

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,

Originally posted by ariafreeman July 6, 2005

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