STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. ?????
COUNTY OF ?????
STATE OF NORTH CAROLINA
v.
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MOTION FOR DISCOVERY
PURSUANT TO N.C. GEN. STAT.
15A-903
NOW COMES Defendant, by and through undersigned counsel, and hereby
moves the Court to provide the following items to Defendant. The State is required to
disclose these items under N.C. Gen. Stat. § 15A-903. Additionally, these materials must
be turned over pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to
the United States Constitution, and Article I, §§ 19, 20, 23, 24, and 27 of the North
Carolina Constitution. Defendant requests the complete files of all law enforcement and
prosecutorial agencies involved in the investigation of the crimes committed in the
prosecution of the defendant. This request includes, but is not limited to, the following
items:
1. Any statements made by Defendant that are in anyway connected to this case or
that the State may offer for any purpose in Defendant’s trial. Any oral statements should
be provided in written or recorded form.
2. Any statements made by any codefendant that are in anyway connected to this
case. Any oral statements should be provided in written or recorded form.
3. Any statement made by any witness in connection with the investigation or
prosecution of this case. The State should be required to disclose witness statements
whether or not the State intends to call the person as a witness at trial. Any oral
statements should be provided in written or recorded form. Further, Defendant should be
given the address and other contact information of any witness contacted by the State
during its investigation.
4. The complete notes of any law enforcement officer who participated in the
investigation of this case or in the arrest or apprehension of Defendant.
5. The results of any tests or examinations conducted in connection with the
investigation or prosecution of this case, whether or not the State intends to use such tests
or examination at trial.
6. Any other matter or evidence obtained during the investigation of the offenses
alleged to have been committed by Defendant.
7. Give notice to Defendant of any expert witnesses that the State reasonably expects
to call as a witness at trial. Further, order the State to have the expert prepare a report
and provide the report to Defendant concerning the results of any examinations or tests
conducted by the expert. The State should also be ordered to provide to the defense the
expert’s curriculum vitae, the expert’s opinion and the underlying basis for that opinion.
The underlying basis should include the procedures that were used in forming the opinion
and the underlying data and materials that were used to reach that opinion.
8. A list of all witnesses the State reasonably expects to call during the trial.
9. To disclose the facts and circumstances surrounding any search and seizure, pretrial identification procedures, and/or statements made by the defendant, including, but
not limited to, dates, times, particular places, items seized and circumstances of the
search and seizure and/or statements, at least sufficient to allow the defendant to
determine whether to proceed under N.C.G.S. 15A-977.
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10. To furnish to the defendant a copy of his prior criminal record, if any, as is available
to the District Attorney. N.C.G.S. 15A-903(c).
11. To permit the defendant to inspect and copy or photograph books, papers,
documents, photographs, motion pictures, mechanical or electronic recordings, buildings
and places, or any other crime scene, tangible objects, or copies or portions thereof which
are within the possession, custody, or control of the State and which are in any way
relevant to this case.
Defendant also moves that this Court, pursuant to N.C. Gen. Stat. § 15A-909,
establish deadlines for the State to comply with this Court’s discovery orders.
Specifically, Defendant prays that the Court order the State to provide all information
already within the control of the either the prosecutors or law enforcement officers within
two weeks of hearing this motion. Further, that any additional information discovered by
the State that is subject to disclosure under this Court’s order, the General Statutes of
North Carolina, the United States Constitution, or the North Carolina Constitution be
disclosed to Defendant not less than two months before the commencement of his trial. If
the State fails to comply with the discovery deadlines established by this Court, the State
should be subject to the sanctions outlined in N.C. Gen. Stat. § 15A-910. Those
sanctions include, but are not limited to, the exclusion of the evidence in question, the
granting of a continuance or a dismissal of the charges.
Defendant also requests that pursuant to N.C. Gen. Stat. § 15A-907, the State be
instructed of its continuing duty to disclose any information subject to disclosure based
on any order of this Court, the general statutes of North Carolina or the state or federal
constitutions.
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This the _____ day of __________, 200_.
Attorney Name
N. C. State Bar No. _______
Address
Tel:
Fax:
Attorney Name
N. C. State Bar No. _______
Address
Tel:
Fax:
ATTORNEYS FOR DEFENDANT
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CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing Motion for Discovery Pursuant to N.C.
Gen. Stat. 15A-903 by first class mail upon:
Name
District Attorney
Address
This the ___ day of ____________, 200_.
______________________________
Name