The staff, party, counsel, or investigator must fill out and present a Declaration regarding the request for records. A Brady motion is a formal request made to the court to compel the prosecution to turn over any evidence that might be favorable to the defense.This article explores the problems inherent in current discovery systems still in place in some states, problems with relying on Brady v. A Brady motion is a defendant's request that the prosecution in a California criminal case turns over any potentially "exculpatory" evidence. Maryland and its progeny, prosecutors have a constitu- tional obligation to disclose any material evidence that may be favorable. The motion must establish "good cause for the discovery" of the personnel records. The existence of any witness known to the Government who is favorable to the defense. Fifty years ago in Brady v.