Monday, May 6, 2013

MOTION FOR COURT TO FOLLOW TEXAS CODE OF CRIMINAL PROCEDURE




Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §            __________________ COUNTY, TEXAS


MOTION FOR COURT TO FOLLOW
TEXAS CODE OF CRIMINAL PROCEDURE

            The Accused comes by Special Appearance to bring forth this Motion For Court to Follow the Texas Code of criminal Procedure.
            I hereby make known my request and move the Court to follow the Texas Code of Criminal Procedure from the arraignment, throughout all trial proceedings including pre-trial, main trial, testimony, voire dire examinations, objections, final arguments and any and all obligations brought fourth upon the Plaintiff or the Accused, in the above captioned causes.
                                                           


            Prayerfully Submitted,


_________________________________
                       
                                                                                                                                   


CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via delivery confirmation, hand delivery or fax on this ______  day of ________________________, 201__.
______________________________________
______________________________________
______________________________________



_________________________________



Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §           __________________ COUNTY, TEXAS


ORDER ON DEFENDANT'S MOTION FOR COURT TO FOLLOW
TEXAS CODE OF CRIMINAL PROCEDURE

            On this the                           day of                                         , 201__, came on to be heard Defendant's Motion for Court to Follow Texas Code of Criminal Procedure in the above entitled and numbered causes, and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be
                    Granted
                    Denied, Grounds Being __________________________________________________
________________________________________________________________________________


            Signed and entered this                day of                            , 201__.


SEAL

         
                                                            _____________________________
                                                                        Judge Presiding




INSTRUCTIONS

This document confirms that the judge follow the rules. Remember that a motion not granted and signed, is determined to be denied. If the judge fails to grant and sign the motion, will give reason to have the judge recuse himself and will give an error that you can appeal. If the judge is stupid enough to deny the motion and sign it, will give reason for anyone going in front of this judge in the future, to have himself recused, since it has been established that he will not follow the rules. This should be filed at least 10 days before the pre-trial.
Do not have a page number on the ORDER – you may need to cut and paste to a new document.
Original is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Sign your name, print your name in Upper and Lower Caps then below that print your address.
Line 7: Where you put the cause numbers of the case.
Line 8: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 9: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 10: Put your name in Upper and Lower Caps.
Line 11: Put whatever county the court is in – like – “Galveston”.
Line 12: Leave for the Judge to fill out.
Line 13: Leave for the Judge to fill out.
Line 14: Leave for the Judge to fill out.
Line 15: Leave for the Judge to fill out.
Line 16: Leave for the Judge to fill out.
Line 17: Leave for the Judge to fill out.
Line 18: Leave for the Judge to fill out.
Line 19: Leave for the Judge to fill out.
Line 20: Leave for the Judge to fill out.
Line 21: Leave for the Judge to fill out.
Line 22: Leave for the Judge to fill out.
Line 23: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.
Line 24: Put the name of the Month that you serve a copy of this document to the prosecutor.
Line 25: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .
Line 26: Put “ Prosecutor for (Whatever Court)
Line 27: Put the street address where the prosecutor will be served.
Line 28: Put the City, State and Zipcode where the Prosecutor will be served.
Line 29: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

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