Rule 16 Request/Demand for Discovery

Here are examples of some of the materials and notices that may be included by defense counsel in a formal request/demand for discovery in criminal cases. This is not intended to be a complete and exhaustive list of what can be filed. Care should be used in each case to assess whether other materials should be requested or if a specific request should be revised.

Requests for Specific Materials and Information

Following are examples of materials that may be requested through a formal Rule 16 discovery request.

1. Copies of any and all written or recorded statements of the defendant and any codefendants, and the substance of any unrecorded oral statements made by the defendant and any codefendants to law enforcement officials.
   
   
2. Copies of any and all reports and results of any physical or mental examination, of any identification procedure, and of any scientific test or experiment, including:
   
   
   • All officer notes, police reports and any other documentation pertaining to any requests(s) for laboratory analysis or any other scientific testing of physical evidence in the above-captioned case.
   • Any tests, test results, chemical analysis, or any other scientific evidence and its attendant reports/analysis pertaining to this case in the possession of any law enforcement or governmental agency including handwritten notes made by the technician even if not utilized in the making of the final report.
   • Notice of any expert witness, including the witness’ name, address, and telephone number; also data relied upon by any such expert, any specialized knowledge relied upon by any such expert, all testing method and test results as well as underlying data to perform any test relied upon by any such expert, and the curriculum vitae of any such expert, to be provided as soon as practicable prior to any hearing in which such expert may testify.
3. Copies of any and all physical and electronic evidence, including any warrants, warrant affidavits, books, papers, documents, photographs, and digital media recordings, including:
   
   
   • Copies of any audio and/or video recordings from any body-worn camera, vehicle-mounted camera, or other audio and/or video recording device used by any member of the prosecution team.
   • Copies of all recordings and/or transcripts of any 911 calls pertaining to this matter.
   • Identify by name, address, telephone number and badge number, the 911 operators/dispatch officers who responded to 911 calls, if any, pertaining to this case, and produce any police reports, officer notes or documentation pertaining thereto.
   • Copies of all recordings and/or transcripts of any communications, including dispatch calls from law enforcement, fire department or any other civilian agency pertaining to the above-entitled case.
   • Duplicates of all photographs, digital photographs, drawings, diagrams, or other recorded images pertaining to this case, regardless of whether or not intended those images are to be used by the Prosecutor at the time of trial.
   • Identify all clothing, including undergarments, of any alleged witness, victim, suspect or the defendant which was booked into evidence in this case.
   • Any physical evidence taken from the defendant, any co-defendant, and/or the alleged crime scene in the above-entitled case and any reports pertaining thereto.
   • For each piece of physical or electronic evidence identified above, please specify: (i) the present location and the name, address and phone number of the present custodian of said evidence; (ii) any reports or raw notes describing any of the physical evidence set forth above; (iii) the name, address and phone number of each person to whom any of the physical evidence in this case submitted for analysis including, but limited to all criminalists, forensic reports, DNA experts, handwriting experts, psychologists, etc.
   • Any and all documents regarding the chain of custody of any physical or electronic evidence identified above, including, but not limited to, a description of the method of packaging and handling of the evidence at the time of recovery, at the time of booking it into evidence and at the time of submitting for analysis.
   • Any and all documentation regarding consent by interested parties to secure any physical or electronic evidence identified above.
4. Copies of any and all written or recorded statements of witnesses, and related materials, including:
   
   
   • All written or recorded statements of any suspect, witness, or other person interviewed during the investigation and/or prosecution of this case, as well as, transcripts or reports about those statements.
   • Any photographs, writings, recordings, or other items or materials which were shown, read, played or paraphrased to any witness, suspect, or other person during any interviews, interrogations, visits, and/or phone conversations.
   • Specify the date, time, and substance of any and all further contact between any investigating officer and any defendant, co-defendant, suspect, or witness in the above-captioned matter.
5. Copies of any and all reports prepared by law enforcement officials and any notes that are not incorporated into such a report, including:
   
   
   • All police or investigative reports, follow-up investigation reports, supplemental reports, daily logs, surveillance logs, property reports, chronology notes and any other written materials in the possession of any individual or agency involved in the prosecution of this case pertaining to the above-entitled matter; including handwritten notes, whether or not those notes have formed the basis for a typed report.
   • All field interview cards used to identify any individual(s) involved in the above-captioned matter.
   • A list of any law enforcement and/or civilian personnel including badge or identification number, telephone and address who responded in the above-entitled matter.
   • A list of any paramedic, EMT, medical personnel, fire, or other first responder involved in the above-entitled matter, including their telephone and address.
   • Any training certificates or specialized certifications received by any law enforcement officer involved in the above-captioned matter.
6. Copies of any and all evidence that must be disclosed under the United States and Utah constitutions, including all evidence favorable to the defendant that is material to guilt or punishment, including:
   
   
   • Any evidence which tends to exculpate or negate the guilt of the defendant, mitigate the guilt of the defendant, or mitigate the degree of the offense or reduce the penalty for the offense that has been discovered by or in the possession or control of any member of the prosecution team. See, Brady v. Maryland, 373 U.S. 83 (1963).
   • All evidence that has been discovered by any member of the agencies involved in the investigation or prosecution that tends to inculpate the defendant.
   • Any evidence or information tending to impeach the credibility, character, or testimony of any witness or potential witness (including police officers) referenced in this request for discovery. See, Giglio v. United States, 405 U.S. 150 (1972).
   • Any offers of leniency, plea agreements or any other form of remuneration or benefit offered or provided to any witness or potential witness listed in this request for discovery. See, Giglio v. United States, 405 U.S. 150 (1972).
   • The content of any statement(s) made by members of any government entity, to the defendant, or to any alleged witness, victim or suspect, or to anyone else in the defendant’s presence which were made in order to encourage the defendant to cooperate with aforementioned entities and/or which might reasonably be expected to have the effect of encouraging the defendant to cooperate.
   • All records or other documentation relating to any payments, financial assistance, or other compensation, assistance, or support received by or provided to any alleged victim or witness from the prosecutor’s office, any police agency, or other government entity or government-funded entity.
7. Any reports made by non-governmental agencies involved in the investigation of this case including reports made by any security personnel or any other agencies involved, including the reports made by the alleged victim.
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8. Pursuant to Utah Rule of Evidence 404(b), notice by the Prosecutor of any other crimes, wrongs or acts it intends to use in its prosecution of this case, and a list of exhibits, and names and addresses of witnesses it intends to use to introduce evidence of other crimes, wrongs or acts.
   
   
9. A copy of the booking sheet, booking photograph and rap sheet of the defendant, if any.
   
   
10. A list of all witnesses that the Prosecutor intends to call for trial in the above-captioned matter, their addresses, telephone numbers and the adult and juvenile criminal records. See, Utah Rule of Criminal Procedure 4(j), and Davis v. Alaska, 415 U.S. 308 (1974).
    
    
11. Notice of any witness statements the State intends to introduce under Utah Rules of Evidence 1102.

Finding a Good Criminal Defense Attorney

Please note that the information on this page is intended for use by attorneys licensed to practice in Utah courts. The criminal discovery process can be complex. If you are facing criminal charges, we strongly advice seeking the assistance of a good criminal defense attorney.