Monday, May 6, 2013

MOTION FOR WAIVING TRIAL BY JURY




Cause No(s). _____________________________

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


 

MOTION FOR WAIVING  TRIAL BY JURY
I, _________________________________, hereby waive a trial by jury, according to the relevant provisions of the Texas Code of Criminal Procedures, in the above captioned cause(s) and leave Justice to be served squarely upon the shoulders of the presiding judge.

            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 WAIVING TRIAL BY JURY


            On this the                              day of                                         , 201__, came on to be heard Defendant's Motion for Waiving Trial by Jury in the above entitled and numbered causes, and the court, having heard the said motion, and the evidence thereon submitted, It is therefore considered, ordered and adjudged by the Court that the Defendant's Motion for Waiving Trial by Jury is hereby
__________ Granted
__________ Denied, Grounds Being ________________________________________________
______________________________________________________________________________

            Signed and entered this                day of                            , 201__.

SEAL
                                                            _____________________________
                                                                        Judge Presiding




INSTRUCTIONS

This document waves your right to a trial by jury. Use it only if you do not want a jury. The only reason to use this, is to put the full burden of you being found guilty on the judge’s head. The judge will tell the jury that you are not allowed to tell them what the law says, which ties your hands to convince the jury that you were not required to abide by some law, when you cannot show the jury what the law really says. If you have a judge trial, you can talk law, all day, but it will only help, if the court is a court of record, so that you can prove to an Appellate Court, that the judge ignored the law.
This document needs to be filed at least 10 days before the pretrial.
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.
Line 7: Sign your name, 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 prosecutor.
Line 9: Put the name of the Month that you serve a copy of this document to the prosecutor.
Line 10: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .
Line 11: Put “ Prosecutor for (Whatever Court)
Line 12: Put the street address where the prosecutor will be served.
Line 13: Put the City, State and Zipcode where the Prosecutor 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 rest for the Judge to fill out.



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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