Library of Motions – Motion For Discovery Of Witnesses

MOTION FOR DISCOVERY OF WITNESSES
NO. (Cause No.)
THE STATE OF TEXAS
VS.
(Defendant’s Name)
§§

§

IN THE COUNTY CRIMINAL
COURT NO. _____ OF
DALLAS COUNTY, TEXAS
MOTION FOR DISCOVERY OF WITNESSES

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant’s Name), herein, and moves this Court to order the prosecuting attorney to reveal to the Defendant the names, addresses, and telephone numbers of all witnesses to the events in question, in the above?mentioned cause number, and in support of said Motion would show the Court the following:

I.

The Defendant has no way of ascertaining said information. Said information is within the personal knowledge of the District Attorney’s Office or their agents.

II.

Said information is essential to the preparation of the defense.

III.

Said witnesses may have information which may be exculpatory to the Defendant or could lead to information that could be exculpatory to the Defendant.

IV.

A denial of this Motion could result in a denial of the Defendant’s right to due process of law, as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution, and Art. l, Sec. l9, of the Texas Constitution; to effective assistance of counsel, as guaranteed by the Sixth and Fourteenth Amendments of the United States Constitution, and Art. l, Sec. l0, of the Texas Constitution; and his right to compulsory process under the Sixth and Fourteenth Amendments to the United States Constitution, and Art. l, Sec. l0, of the Texas Constitution.    WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.

Respectfully submitted,

____________________________________
(Attorney’s Name, Address, Bar Card No.)

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Discovery of Witnesses was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75201 on this the ___ day of , 200___.

____________________________________
(Attorney’s Name)
ORDER

ON THIS the ________ day of , 200 , came on to be heard the foregoing Motion for Discovery of Witnesses, and same is hereby GRANTED/DENIED, to which action Defendant excepted.

____________________________________
JUDGE
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