MOTION TO SET ASIDE COMPLAINT

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §            __________________ COUNTY, TEXAS

MOTION TO SET ASIDE COMPLAINT

            I, _________________________________, a living      man without benefit of counsel, hereinafter known as the Accused, moves this Honorable Court to set aside the complaint as it is not admissible as evidence pursuant to Rule 602 of the Texas Rules of Evidence. The complaint is not sworn to as having first hand knowledge and/or complaint will be considered as inefficient as complaint in affidavit form is not affirmed under the penalty of perjury, pursuant to Article 1, Sec. 5 of the Texas Constitution.

Respectfully 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 TO SET ASIDE COMPLAINT

            On this the               day of                                , 201__, came on to be heard Defendant's Motion to set aside Complaint in the above entitled and numbered cause(s), and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be GRANTED

It is hereby Ordered that the above cause(s) be DISMISSED

            Signed and entered this                day of                            ,  201__.

SEAL

         

                                                            _____________________________

                                                                        Judge Presiding

INSTRUCTIONS

This document is filed after you get a copy of the complaint and as soon as you can find a Cause Number for your case. This is used only if someone else swears to the complaint that does not have first hand knowledge of the accusation. (Like the clerk of the court.) It is really a Motion to Dismiss but in an another form. You do not want to plea at an arraignment when you do not know the nature and cause of the accusation. Just another document to help on your appeal.

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 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 the 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.