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Some
Basic
Motions
for
Criminal
Court
NOTE
Some assistant
district
attorneys will provide you
-- voluntarily or
because
the court requires automatic production --
with the documents
requested
without you having to file and serve the motions below.
But just in case
that does
not happen, you can have these motions ready . . .
or at least be
familiar
with them.
ALSO, be
sure that
these motions comport with the Rules of Criminal Procedure in
your
state.
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Caption
MOTION
FOR
EXCULPATORY EVIDENCE
Now comes the defendant in the
above-entitled
matter and moves, pursuant to Rule 14 of the Massachusetts Rules
of Criminal Procedure, that the Court order the Commonwealth to furnish
the defendant with all exculpatory evidence within its possession,
custody,
control, or within the knowledge of the prosecuting officer or any
agent
of the Commonwealth during the pendency of all matters in regard
hereto, specifically, but not limited to, any evidence that can be used
for the purpose of impeaching the credibility of witnesses upon whose
testimony
the Commonwealth intends to rely in support of the matters
referred
to for and during any stage of the prosecution of this case.
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Insert
Caption
MOTION
FOR
EXCULPATORY EVIDENCE
Now comes the defendant in the
above-entitled
matter and moves, pursuant to Rule 14 of the Massachusetts Rules
of Criminal Procedure, that the Court order the Commonwealth to furnish
the defendant with all exculpatory evidence within its possession,
custody,
control, or within the knowledge of the prosecuting officer or any
agent
of the Commonwealth during the pendency of all matters in regard
hereto, specifically, but not limited to, any evidence that can be used
for the purpose of impeaching the credibility of witnesses upon whose
testimony
the Commonwealth intends to rely in support of the matters
referred
to for and during any stage of the prosecution of this case.
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MOTION
TO INSPECT STATEMENTS OF WITNESSES
Now comes the defendant in the
above-entitled
matter and moves, pursuant to Rule 14(a)(2), that the Court order
the Commonwealth to permit defense counsel to inspect and copy all
statements
of witnesses upon whom the Commonwealth intends to rely in the trial of
this matter. This motion is made pursuant to Rules 13, 14, and 23.
In support of the motion the
defendant
asserts
that prior recorded statements of witnesses are the best method of
ascertaining
the witnesses capacity to perceive, recollect, and articulate, but that
further cross-examination cannot be complete or competent unless prior
recorded statements are available with sufficient time for examination
and reflection.
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MOTION
TO
BE
FURNISHED WITH CRIMINAL RECORDS
Now comes the defendant in the
above-entitled
matter and moves, pursuant to Rule 14(a)(2), that the Court order the
Commonwealth
to furnish his attorney with the record of prior convictions of the
witnesses
(except police officers) and/or co-defendants who are intended to be
called
at trial.
The defendant further requests that
the
Court
direct that a certified copy of this motion, with approval endorsed
thereupon,
together with the Commonwealth's certification of identity of
witnesses,
shall be sufficient authority for the Commissioner's compliance with
this
order.
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MOTION
TO BE FURNISHED WITH NAMES AND ADDRESSES
OF INTERVIEWED AND
PERCIPIENT
WITNESSES
Now
comes the defendant in the above-entitled
matter and moves, pursuant to Rule 14, that the Court order the
Commonwealth
to furnish his attorney with the names and addresses of all witnesses
interviewed
by the Commonwealth and all percipient witnesses (informants) known or
becoming known to the Commonwealth, who are not disclosed to the
defendant
pursuant to other discovery orders.
In support of this motion, defendant
says
the
identities and addresses of these witnesses -- except police officers
--
are absolutely necessary in the preparation of his defense.
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MOTION
TO INSPECT TANGIBLE EVIDENCE
Now comes the defendant in the
above-entitled
matter and moves, pursuant to Rule 14, that the Court order the
Commonwealth
to permit his attorney to inspect and copy, if so desired, all
tangible
evidence that the Commonwealth will offer at the trial of the case,
stating
in support of this motion that inspection prior to trial of the case is
absolutely necessary for the adequate preparation of his defense, and
that
prior inspection will probably obviate the possibility of delay during
the course of the trial.
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MOTION
FOR LEAVE TO FILE ADDITIONAL MOTIONS
Now comes the defendant in the
above-entitled
matter and moves that the Court permit him to file supplementary
motions
within seven (7) days of the receipt of any materials or information
sought
by his discovery motions, and ordered by the Court to be furnished, as
may be appropriate in the light of such information, including,
but
not limited to, motions to dismiss and to suppress.
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MOTION
FOR PRODUCTION OF POLICE REPORTS
Now comes the defendant in the
above-entitled
matter and moves that the Court direct the Commonwealth to make
available
for inspection and copying any and all police and law-enforcement
reports,
from any and all police agencies, including local, state and federal,
having
to do with the matters referred to for and during any stage of the
prosecution
of this case.
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Insert Caption
MOTION
FOR STATEMENTS OF DEFENDANT
Now comes the defendant in the
above-entitled
matter and moves pursuant to Rule 14 that the Court order the
Commonwealth
to permit the defendant to inspect and copy all statements, either
written
or recorded, and to reduce to writing any oral statements, made by the
defendant, and to provide him with a copy of
such writing. Commonwealth v. Lapka, 13
Mass.App.Ct.
24 (1982), Commonwealth v.
Lewinski,
367 Mass. 889 (1975). The statements requested include those
which:
- Have been relied upon by the
Commonwealth
in support
of its case;
- Are intended to be offered into
evidence
at the trial
of the defendant;
- Are intended by the
Commonwealth to
constitute evidence
as to guilt or innocence of the defendant on the charges in this case;
- May be demonstrative acts or
behavior
of
the defendant,
used or to be used as a "statement" by the defendant.
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