UNITED STATES DISTRICT COURT
		
______________________ DISTRICT OF TEXAS

_____________________ DIVISION

UNITED STATES OF AMERICA	                 §
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						     §   		Cause No. __________________
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MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE

TO THE HONORABLE ///, JUDGE, UNITED STATES DISTRICT COURT FOR THE /// DISTRICT OF TEXAS, /// DIVISION:

	COMES NOW the Defendant, ///, by and through his/her undersigned counsel and moves this Honorable Court pursuant to Rule 16 of the Federal Rules of Criminal Procedure, Rule 404(b), F.R.E., the due process clauses of the Fifth and Fourteenth Amendments of the United States Constitution and the Sixth Amendment of the United States Constitution, to order the government to produce for inspection and copying, certain material which the Defendant believes is in the possession of the government or its agents or which through due diligence would become known from the investigating officers, witnesses or persons having knowledge of the events giving rise to this cause:
I.
	The Defendant moves the court to order the government to produce for inspection, copying, photographing or reproduction, the following material:
	1.		Any and all written or recorded statements made by or purported to have been made by the Defendant ///, within the possession, custody or control of the government or any agent thereof, including but not limited to any and all tape recordings of any conversations to which the Defendant was a party and any and all documents, instruments or forms of any kind signed or purported to have been signed by the Defendant herein.  Fed. R. Crim. P. 16(a)(1)(B). 
	GRANTED:  __________
	DENIED: _________
	2.	Any and all oral statements, confessions or admissions purported to have been made by the Defendant and any written summary, report or transcription thereof made by any government agent or law enforcement officer, or copy thereof, within the possession, custody or control of the government or any agent thereof.  This request includes, but is not limited to, statements made to witnesses other than law enforcement officers or government agents and the precise words attributed to the Defendant which caused any government agent to conclude that the Defendant was a coconspirator with any other Defendant in this cause. Fed. R. Crim. P. 16(a) (1) (A)
	GRANTED: __________
	DENIED: __________
	3.	Any and all statements of any co-defendants or co- conspirators, whether written or oral, or subsequently reduced to writing or summarized in any law enforcement agents' reports or copies thereof, including but not limited to any such statements which the government alleges are admissible statements of a co-conspirator or co-defendant made during the transactions subject of this cause and in furtherance of any alleged conspiracy or agreement.  Fed. R. Evid. 801(d)(2)(E), Fed. R. Crim. P. 16(a)(1)(A).
	GRANTED: __________
	DENIED: __________
	4.	A copy of any and all of the Defendants's prior criminal records. Fed. R. Crim. P. 16(a)(1)(D). 
	GRANTED: __________
	DENIED: __________
	5.	Any and all instruments, documents or other tangible objects which were obtained from or are alleged to belong to or were made of or by the Defendant or any co-defendants, unindicted co-conspirators or informants.  Fed. R. Crim. P. 16(a)(1)(E).
	GRANTED: __________
	DENIED: __________
	6.	All other instruments, documents, writings, papers, books, tape recordings, transcripts or other tangible objects the government plans to offer into evidence in this case, or which are material to the preparation of the defense.  Fed. R. Crim. P. 16(a)(1)(E).
	GRANTED: __________
	DENIED: _________

	7.	Any and all books, papers, documents instruments, tape recordings, transcripts, or other tangible objects upon which the government relied in returning the indictment against the Defendant and/or defendants.  Fed. R. Crim. P. 16(a)(1)(E).
	GRANTED: __________
	DENIED: __________
	8.	Any and all names, addresses and telephone numbers of individual witnesses whom the government intends to call as witnesses at trial, either in its case in chief or as rebuttal witnesses herein, including any witness who could testify to any extrinsic act, conduct or offense of any Defendant. United States v. Opager. 589 F.2d 799 (5th Cir. 1979); Rule 404(b), F.R.E.
	GRANTED: __________
	DENIED: __________
	9.	Any and all names and addresses of persons who have knowledge pertaining to this case or who have been interviewed by the government or their agents in connection with this case.  United States v. Opager, 589 F.2d 799 (5th Cir. 1979).
	GRANTED: __________
	DENIED: __________
	10.	Any and all FBI, State of Texas, and local arrest and conviction records of all persons referred to in paragraphs 8 and 9 whom the government plans to call as witnesses or who are listed as possible witnesses in this cause.  Fed. R. Crim. P. 16(a)(1)(C).
	GRANTED: __________
	DENIED: __________
	11.	 Written statements of all persons in paragraph 8 and 9 whom the government does not plan to call as witnesses. . Fed. R. Crim. P. 16(a)(1)(E)(i).
	GRANTED: __________
	DENIED: __________
	12.	The name and address of each government agent, law enforcement agent or other person who participated in the arrest of the Defendant, who was present while the Defendant was being questioned or interrogated and/or made any statements or participated in the search of the Defendant's residence and/or vehicle.  U.S. Const. amends. V, VI and XIV, Fed. R. Crim. P. 12(h) and 26.2.
	GRANTED: __________
	DENIED: __________
	13.	The transcript of testimony of any and all persons who testified before the Grand jury in this cause, including but not limited to the precise nature of any statements attributed to this Defendant or any co-defendant or co-conspirator, whether indicted or not. Fed. R. Crim. P. 6(e)(3)(E)(i), 16(a)(1)(A) and 26.2.
	GRANTED: __________
	DENIED: __________
	14.	Any and all documents, instruments, forms or statements of any kind signed or purported to have been signed by any co-defendant in this cause.  Fed. R. Crim. P. 16(a)(1)(E).
	GRANTED : __________
	DENIED: __________
	15.	The name, address and telephone number of any informant or other person who gave information leading to the investigation of the Defendant(s) in this cause or which led to the identification of witnesses, evidence or the arrest of any Defendant in this cause or who was present at, participated in or was a witness to any transaction the subject of this indictment.  U.S. Const. amends. V, VI and XIV; Roviaro v. United States, 353 U.S. 53 (1957).
	GRANTED: __________
	DENIED: __________
	16.	Any and all handwriting exemplars, tests, fingerprint impressions or other physical evidence, or test results, obtained by the government relating to this case whether they are of the Defendant, ///, or were of another defendant, a co-conspirator, witness or of some other person or persons known or unknown; and any and all comparisons or written reports of tests, analysis or other examinations conducted regarding the foregoing by the government or any of its agents or under its direction.  Fed. R. Crim. P. 16(a)(1)(F).
	GRANTED: __________
	DENIED: __________
	17.	Any and all photographs, film, audio tapes and video tapes and any written transcriptions thereof, of the Defendant, or any co-defendants or coconspirators, whether indicted or not, that relate to any of the offenses charged in this indictment.  Fed. R. Crim. P. 16(a)(1)(B); U. S. Const. amends. V, VI and XIV.
	GRANTED: __________
	DENIED: __________
	18.	The name and address of each witness who will be called by the Government, including any witness who could testify to extrinsic offenses, whether or not resulting in a criminal charge or conviction which the prosecution plans to use in rebuttal or to establish motive, system, intent or identify.  Fifth and Sixth Amendments, United States Constitution.
	GRANTED: __________
	DENIED: __________
	19.	A list of all overt or extrinsic acts not alleged in the indictment which the Government expects to introduce into evidence.  Rule 404(b), F.R.E.
	GRANTED: __________
	DENIED: __________
	20.	A description in writing of each extrinsic offense, act or conduct of the Defendant or any co-defendant or co-conspirator, including the date and place of such offense, act or conduct, which the Government intends to introduce into evidence.  Rule 404(b), F.R.E.
	GRANTED: __________
	DENIED: __________
	21.	Any and all materials known to the government or which may become known, or which through due diligence may be learned from the investigating officers or the witnesses or persons having personal knowledge of this case, which is exculpatory in nature or favorable to the accused, or which may lead to exculpatory or favorable material or which might serve to mitigate punishment, including any evidence impeaching or contradicting testimony of government witnesses or the instructions to government witnesses not to speak with or discuss the facts of this cause with defense counsel.  U. S. Const. amends. V, VI and XIV.
	GRANTED: __________
	DENIED: __________
	22.	The substance of any and all statements and discussions had with any of the co-defendants or co-conspirators herein, whether indicted or unindicted, or with any such person's counsel indicating a promise or a suggestion of immunity, leniency, compensation, assurance not to prosecute, agreement to proceed only on certain counts of the indictment, representation as to yet uncharged misconduct, or any benefit accruing to such individuals whatsoever in exchange for their cooperation, assistance or testimony at the trial herein.  U. S. Const. amends. V, VI and XIV.
	GRANTED: __________
	DENIED: __________
	23.	All search and arrest warrants and supporting affidavits issued for or regarding any Defendant in this cause and in regard to any evidence or property seized or searched in regard to the investigation that gave rise to the indictment.  Fed. R. Crim. P. 16(a)(1)(E).
	GRANTED: __________
	DENIED: __________
II.
	In support of this motion, the Defendant would show the Court as follows:
	1.	The items requested are in the exclusive possession, custody and control of the government by and through its agents, law enforcement officers or the prosecuting attorney's office, the existence of which is known or may become known with diligence, and the Defendant has no  other means of ascertaining the disclosures requested.

	2.	The items requested are not privileged.

	3.	The items and information are material to this cause on the issues of guilt or innocence and punishment to be determined. 

	4.	The Defendant cannot safely go to trial without such information and inspection, nor can the Defendant adequately prepare the defense to the charges against him/her.

	5.	That absent such discovery, the Defendant's rights under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution will be violated to him/her irreparable injury and thus deprive the Defendant of a fair trial herein.

	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this Honorable Court will grant in all things the Defendant's Motion For Discovery and Inspection of Evidence, or in the alternative, that this Court will set the matter down for a hearing prior to trial on the merits, and that at such hearing, this motion will be in all things granted.
							Respectfully Submitted,

							___________________________________
							Attorney for Defendant
							State Bar No. 
							Address
							Phone 

							

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the above and foregoing Motion For Discovery and Inspection of Evidence was hand delivered to ///, Assistant United States Attorney, at _________________________ this ___ day of __________________________.

							___________________________________
							Attorney for Defendant

UNITED STATES DISTRICT COURT

______________________ DISTRICT OF TEXAS

_____________________ DIVISION

UNITED STATES OF AMERICA	                 §
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						     §   		Cause No. __________________
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ORDER REGARDING DEFENDANT'S MOTION FOR DISCOVERY AND EVIDENCE
	CAME ON TO BE CONSIDERED the Motion for Discovery and inspection of Evidence of Defendant, ///.  Having considered the motion and argument of counsel, the Court hereby enters the rulings on the Motion as stated below.  The numbers below correspond to the paragraph numbers on the Defendant's motion. 
1.
2.
3.
4.
5.
	IT IS SO ORDERED.
	SIGNED on ____________________, 20____.

							___________________________________
							UNITED STATES DISTRICT JUDGE