Criminal Action No. _______ , _______ , _______
_______ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF _______ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_______________
* * *
MOTION FOR DISCOVERY
Defendant, _________________ , through his/her undersigned counsel, moves that the
District Attorney be ordered:
l. To permit defendant to inspect and copy any relevant written or
recorded confessions or statements of any nature of defendant in
possession, custody, control or knowledge of the District Attorney.
2. To inform the defendant of the existence and substance of any oral
confession or statement of any nature made by the defendant, with
the information as to when, where, and to whom such oral
confession was made.
3. To permit defendant to examine and test scientifically all tangible
objects which are in the possession, care, custody or control of the
State which are favorable to the defendant and which are material
and relevant to the issue of guilt or punishment or are intended for
use by the State as evidence at the trial or were obtained from or
belonging to the defendant.
4. To permit defendant to inspect and copy all results and reports of
scientific tests and experiments that are in possession, custody or
control or knowledge of the District Attorney.
5. To inform the defendant of the existence and substance of any
exculpatory evidence relative to guilt, punishment and the
impeachment of prosecution witnesses, including but not limited to
physical evidence, names and addresses of exculpatory witnesses,
prior statements of witnesses, "rap sheets" and/or prior criminal
and juvenile records of prosecution witnesses and victim.
6. To inform the defendant of any prior crimes evidence that may be
used at the trial of this matter, pursuant to Prieur vs. Louisiana .
_____________________________
_________________
Attorney at Law
_________________
___________ , LA _______
( ___ ) _______
Criminal Action No. _______ , _______ , _______
_______ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF _______ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_______________
* * *
MOTION FOR PRODUCTION AND
INSPECTION OF EVIDENCE
Defendant, _________________ , his/her undersigned counsel, respectfully requests that
the State of Louisiana, through the Office of the District Attorney for the Parish of _______ ,
Louisiana, be ordered to comply with the following request for production and inspection of
evidence:
I.
Permit defendant, through his/her undersigned counsel, to inspect and copy, or otherwise
reproduce, the following:
A. Any relevant written or recorded confessions or statements of the defendant which
are in the possession, custody, control or knowledge of the State;
B. Any relevant written or recorded statements of any police officer who investigated
the alleged offense, and any and all witnesses interviewed by any law enforcement official or
officials or officer of the Court;
C. All results and/or reports of examination of defendant and results and/or reports of
scientific or chemical tests or experiments made in connection with or material to this particular
case that are in the possession, custody, control or knowledge of the State and which are
intended for use at trial; and
D. All written or recorded confessions or inculpatory statements made by a co-
defendant and intended for use at trial.
II.
Defendant, through undersigned counsel, further moves to require the State of Louisiana,
through the Office of the District Attorney for the Parish of Lafayette, Louisiana, to inform the
defendant of the following:
A. The existence and/or contents of an oral confession(s) or statement(s) of any nature
made by defendant and which the State intends to offer into evidence at trial of this matter, with
information as to when, where, and to whom such oral confession(s) are statement(s) were made;
B. The substance of any oral confession(s) or statement(s) which the State intends to
offer into evidence made by the defendant, whether before or after arrest, in response to
interrogation by any person then known to the defendant to be a law enforcement officer; and
C. The names, addresses and telephone number(s) of each and every witness which the
State intends to call at the trial of this matter.
III.
Defendant, through undersigned counsel, further moves to require the State of Louisiana,
through the Office of the District Attorney for the Parish of _______ , Louisiana, to furnish
defendant a copy of any record of his criminal arrests and convictions that are in the possession
or custody of the State or any law enforcement agency.
IV.
Defendant, through undersigned counsel, further moves to require the State of Louisiana,
through the Office of the District Attorney for the Parish of _______ , Louisiana, to permit or
authorize the defendant, through undersigned counsel, to inspect, copy, examine, test
scientifically, photograph or otherwise reproduce books, papers, documents, photographs,
tangible objects, buildings, places or copies or portions thereof, which are in the possession,
custody or control of the State, and which are favorable to the defendant, or intended for use by
the State as evidence at trial or were obtained from or belonged to the defendant. Included in
this request are photographs of any alleged crime, photographs of defendant or any co-defendant
at the time of his booking.
V.
Defendant, through undersigned counsel, further moves to require the State of Louisiana,
through the Office of the District Attorney for the Parish of _______ , Louisiana, to inform the
defendant of the State's intent to offer evidence of the commission of any other crimes
admissible under the authority of La.R.S. l5:445 or La. R.S. l5:446.
VI.
Defendant, through undersigned counsel, further moves to require the State of Louisiana,
through the Office of the District Attorney for the Parish of _______ , Louisiana, to inform the
defendant of the State's intention to use hearsay statements of co-conspirators pursuant to La.
R.S. l5:455.
Mover further shows the Court that he is in need of the aforementioned items, and that
said items are essential in the preparation of this defense to the charges lodged against defendant
in these proceedings.
Respectfully Submitted:
___________________________
_________________
Attorney at Law
_________________
__________ , LA _______
( ___ ) ________
Criminal Action No. _______ , _______ , _______
_______ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF _______ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_____________
* * *
O R D E R
Considering the foregoing motion,
IT IS ORDERED that the State of Louisiana, through the Office of the District Attorney
for the Parish of _______ , Louisiana, show cause why a Motion for Production and Inspection
of Evidence and a Motion for Discovery should not be complied with on or prior to the ___ day
of _______ 20 ___ , at ______ o’clock ___ .M., the aforesaid date being previously fixed by this
Court for hearing on all motions filed by defendant in these proceedings.
_________________ , Louisiana, this _____ day of _______ 20 ___ .
___________________________
DISTRICT JUDGE
Criminal Action No. _______ , _______ , _______
_______ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF _______ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_____________
* * *
NOTICE OF DEFENSE BASED UPON MENTAL CONDITION
The Defendant, _________________ , through undersigned counsel, gives notice to the
State of Louisiana that pursuant to La. C.Cr.P. Art. 726, that he/she intends to introduce
testimony relating to a mental condition or intoxication. At the time of the alleged offense, the
Defendant was incapable of forming the intent to commit the crime charged. As such, he\she is
exempt from criminal responsibility.
__________________________
_________________
Attorney at Law
_________________
__________ , La _______
( ___ ) _______
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing Motion for Production and
Inspection of Evidence, Motion for Discovery, and Notice of Defense Based Upon Mental
Condition has been mailed to the Office of the District Attorney for the Parish of _______ ,
_________________ , _________________ , Louisiana _______ , by placing a copy of same in
United States mail, postage pre-paid and properly addressed..
_________________ , Louisiana, this ______ day of _______ 20 ___ .
__________________________
_________________