A motion for discovery is a request for the State to produce and permit inspection of information regarding your case, including offense reports, documents, papers, your own statement, other witness statements, names of witnesses, books, accounts, letters, photographs, or objects or tangible things which contain evidence material to any matter involved in the action and which are in the State’s possession, custody, or control.
Pursuant to Article 39.14(d) of the Texas Code of Criminal Procedure, the State is not required to provide copies of evidence material to your case. However, upon written request entitled “Motion for Discovery,” the State is required to permit you to inspect and review the document, item, or information. Any inspection shall be in the presence of a representative of the State.
A Motion for Discovery must be in writing, signed by the Defendant, and filed with the Municipal Court Clerk at least two (2) weeks prior to your trial setting.
The Motion for Discovery must be signed by the Defendant, and it must include your name, mailing address, email address, and phone number. It must specifically identify all items sought to be discovered.
WARNING: You, and anyone on your behalf, are prohibited by law from disclosing to a third party any documents, evidence, materials, or witness statements received from the State unless a court orders the disclosure.