Monday, May 6, 2013

MOTION FOR A NEW TRIAL




Cause No(s). _____________________________

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



MOTION FOR A NEW TRIAL


I, _________________________________, a living  man without benefit of counsel, hereinafter known as the Accused, moves this court to give the Accused a new trial on one or more of the following issues:
1.      The court did not have jurisdiction to hear the above Causes because the prosecutor failed to file a copy of the information. Under Article 5, Section 12(b) states that the court does not have jurisdiction until the information is filed in the court.
2.      All elements of the assumed offense(s) were not addressed on the complaint(s).
3.      The Prosecution did not prove the Accused was a ‘person’, ‘individual’ as defined in the Texas Code used to associate the assumed offense(s).
4.      The prosecution did not file certified documentation showing the delegated authority to represent the plaintiff under Rule 12 of the Texas Rules of Court.
5.      The Accused was not given the Nature and Cause of the accusation(s).
6.      The witness(s) against the Accused was not a credible witness.
7.      The Accused was denied full disclosure of discovery.
8.      The Accused procedural rights were violated.
9.      The Accused substantive rights were violated.
10.  The Accused objected to the deficiency of the complaint(s) which were overruled.
11.  The Accused objected to the deficiency of the information(s) which were overruled.
12.  The Accused Motion in Limine was denied or parts withheld.
13.  No credible evidence was introduced in open court against the Accused.
14.  Because of the above referenced, the Accused request a new trial.
Respectfully,
_________________________________

                                                                       


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 certified mail, return receipt requested, hand delivery or fax on this ______  day of ________________________, 201__.
______________________________________
______________________________________
______________________________________



_________________________________



Cause No(s). _____________________________

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


ORDER FOR NEW TRIAL


            On this the                           day of                                         , 201__, came on to be heard the Accused Motion for a New Trial 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

You should take this document with you the day of your trial. This document is required to be filed at least 1 day after you are found guilty in a JP Court or 10 days if in a municipal court. This will save you from coming back to court the following day. It is important that you add any violation that you know that occurred and remove any that did not occur. (This is why you may have to come back the next day) Your appeal will be based on the items you use in this pleading.
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: Put your name in Upper and Lower Caps.
There is a space left for you to put a “wo” in front of ‘man’ if need be.
Line 7: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.
Line 8: Put the numbered day of the Month that you serve a copy of this document to the Court Clerk.
Line 9: Put the name of the Month that you serve a copy of this document to the Court Clerk.
Line 10: Put the last number of the year that you serve a copy of this document to the Court Clerk. – like - 2013 .
Line 11: Put “Court Clerk for (Whatever Court)
Line 12: Put the street address where the Court Clerk will be served.
Line 13: Put the City, State and Zipcode where the Court Clerk will be served.
Line 14: Sign your name, print your name in Upper and Lower Caps then below that print your address.
NEW DOCUMENT - ORDER
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”.
Leave the rest for the Judge fill it out.



Original goes to the clerk of the court 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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