What discovery do I demand from the State?

The four parts of the demand at a glance

A thorough discovery demand has four parts. Here is the whole set, one line each. One of them is worked in full below as a sample; the rest are worked in full, and turned into filing-ready demand letters, in the Discovery-Demand Pack.

• Part 1. The reciprocal discovery under Rule 3.220 · sample below

  The categories the State must disclose in its Discovery Exhibit once you elect into reciprocal discovery, each quoted from the rule. This is the part worked in full below as the sample.

• Part 2. Brady and Giglio material to demand separately · in the pack

  The constitutional duty to disclose exculpatory and impeachment material, demanded in writing on its own because it is separate from the reciprocal-discovery categories.

• Part 3. Charge-specific evidence to demand · in the pack

  The evidence specific to the charge, such as the breath-instrument inspection and permit records for a DUI and the underlying lab materials for any forensic charge.

• Part 4. Preservation demands to send at intake · in the pack

  The evidence on a retention clock, such as body-worn and dash video, dispatch audio, and CAD records, demanded to be preserved in writing before any window closes.

Sample: the reciprocal discovery to demand under Rule 3.220 (Discovery)

To show what “worked in full” means, here is Part 1 taken past the one-line summary. Electing into discovery under Rule 3.220 (Discovery)obligates the State to serve a written Discovery Exhibit disclosing the categories below. Each item is quoted from the rule; the demand note is what a thorough defender does with it. The other three parts are worked to this depth in the Discovery-Demand Pack.

• The State's witness list, categorized. “a list of the names and addresses of all persons known to the prosecutor to have information that may be relevant to any offense charged or any defense thereto” Rule 3.220 (Discovery)(b)(1)(A)

  The witness list is categorized A, B, and C by the rule. Category A includes the investigating officers and any witness known to negate guilt; confirm the categorization and run down every Category A witness.

• Witness statements and all police / investigative reports. “is specifically intended to include all police and investigative reports of any kind prepared for or in connection with the case” Rule 3.220 (Discovery)(b)(1)(B)

  The statement definition reaches every police and investigative report of any kind. Demand the full set, and note the rule excludes only the notes from which those reports were compiled.

• The defendant's own statements. “any written or recorded statements and the substance of any oral statements made by the defendant, including a copy of any statements contained in police reports” Rule 3.220 (Discovery)(b)(1)(C)

  Demand every written, recorded, and oral statement attributed to the client, including anything summarized inside a report, with the name of each witness to the statement.

• Tangible objects obtained from the defendant. “any tangible papers or objects that were obtained from or belonged to the defendant” Rule 3.220 (Discovery)(b)(1)(F)

  Demand an inventory of everything seized from or belonging to the client, and reconcile it against the arrest and property records.

• Expert reports and scientific-test results. “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons” Rule 3.220 (Discovery)(b)(1)(J)

  Demand the underlying results, not just a conclusion: the lab reports, the examination results, and the scientific-test data behind any expert opinion the State will offer.

• Tangible objects the State intends to use. “any tangible papers or objects that the prosecuting attorney intends to use in the hearing or trial and that were not obtained from or that did not belong to the defendant” Rule 3.220 (Discovery)(b)(1)(K)

  Demand the exhibits the State intends to use that did not come from the client, so nothing surfaces for the first time at trial.

• Materials that could be tested for DNA. “any tangible paper, objects, or substances in the possession of law enforcement that could be tested for DNA” Rule 3.220 (Discovery)(b)(1)(L)

  Demand identification of anything in law-enforcement possession that could be DNA-tested, whether or not the State has tested it.

• Informant-witness material. “whether the state has any material or information that has been provided by an informant witness” Rule 3.220 (Discovery)(b)(1)(M)

  Demand the full informant package the rule enumerates: the alleged statement, the informant's criminal-history summary, the time and place, any benefit received or expected, and the prior cooperation history.

• Exculpatory material the State must disclose. “that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations” Rule 3.220 (Discovery)(b)(4)

  The rule imposes an affirmative duty to disclose material that tends to negate guilt, independent of reciprocal obligations. Track it as owed, and read it alongside the constitutional Brady duty below.

Categories quoted from Rule 3.220 (Discovery) (Florida Rules of Criminal Procedure, The Florida Bar). The rule controls; confirm the current text before relying on any phrasing.

That is one part worked through. The Brady and Giglio material, the charge-specific evidence, and the preservation demands are worked to this depth, and drafted into served demand letters, in the Discovery-Demand Pack.

Start the Giglio demand with the officer

The Brady and Giglio material is the second part of the demand. It is the constitutional duty to disclose, stated generally rather than tied to any single case, and the Giglio audit starts with the testifying officer. That officer record is free.

Get the full checklist and turn it into the served demand

The demand runs on a clock: electing into discovery triggers the reciprocal obligations and the rule's 15-day production timeline, so a thorough defender files the Notice of Discovery and calendars the demand at intake rather than waiting.

This sample is one part of the demand worked through. The full checklist, every part worked in full, and the formatted, filing-ready demand letters with a reply-brief framework anticipating the standard objections are the Discovery-Demand Pack. For the DUI-specific defense audit that sits alongside this demand, see the Florida DUI defense-audit checklist.

By demand

The Discovery-Demand Pack bundles the set. Each single demand is also drafted on its own: the Brady and Giglio disclosure demands, the Henthorn officer-record demand, and the Rule 16 demand each ship as a standalone, filing-ready letter.

• Brady Demand

• Giglio Demand

• Henthorn Demand

• Rule 16 Demand

Reference

For the full checklist and the formatted demand letters, see the Discovery-Demand Pack. For the testifying-officer Brady/Giglio record, use Officer Lookup and the Brady/Giglio source appendix. For the DUI defense audit, see the DUI defense-audit checklist. For the full set of Florida references, start at the Florida criminal-defense references hub.