Sample Form 28 
 
MOTION TO COMPEL DISCOVERY, CONTINUANCE 
AND/OR, TO IMPOSE SANCTIONS FOR NONCOMPLIANCE 
 

In the__________________________ 
court of________________________ 
County 
 

________________________ 
Case Number 

TATE OF ALABAMA 

  S

State of Alabama 

 

v. 

________________________ 
Defendant 
 

The defendant (or the State), having duly demanded  of the  
State  (or the defendant) on the ________ day of ____________________,  
 20_____, to inspect and copy or photograph certain items in possession, 
custody or control of the State (or the defendant) and the state (or the 
defendant) having failed in whole (or in part) to comply with the demand, 
now, the defendant (or the State), pursuant to rule  
16.5 (a) of the Alabama Rules of criminal Procedure, requests that this 
Court issue an order requiring the district attorney (or the defendant) to 
produce and permit the defendant (or the State) to inspect and copy or 
photographs the items requested the attached demand marked Exhibit ______, 
______________________________________________________________________ 
__________________________________________________________________________
__________________________________________________________________ (where 
the opposing party has complied with part of the demand,  
but has omitted producing some items, list the materials not produced). 

The defendant (or the State) further moves the Court 

[ 
[ 

] 
] 

for a continuance 
for an order  prohibiting the State or the 
defendant)from introducing  at the trial of this 
cause any material not disclosed pursuant to the  
demand attached herewith, specifically: ______________ 
______________________________________________________  
 
______________________________________________________ 

[list items sought to be precluded] 

 

_____________________________________________________ 

and for such other order as the court may deem  

proper under the circumstances. 

   

   

   

 

Each of the items sought to be discovered is properly discoverable 

under Rule 16 of the Alabama Rules of Criminal  
Procedure. 

________________ 
 

 

  ______________________________________________ 
  Attorney for Defendant( or District Attorney) 

Date   
 

Certificate of Service 
 

I certify that I served a coy of the foregoing motion on  

 
the District Attorney (Defendant/Defendant’s Attorney) by  
mailing/delivering a copy of same to him this date. 

________________ 
 

Date   

 

 
 

___________________________________________ 
Attorney for Defendant (District Attorney) 

ule 16.5 

       

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      R