Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
MOTION TO SET ASIDE INFORMATION
I,
_________________________________, a living
man without benefit of counsel, hereinafter known as The Accused, moves
this Honorable Court to set aside the primary pleading of the State (See TCCrP[1] Art. 27.01) as the
information lacks form or substance (See TCCrP Art. 27.02(1)) which has not
been presented (See TCCrP Art. 21.20). Court procedure does not allow the
Accused to plea Guilty, Not Guilty or Nolo Contendere, if the information has
not been presented by the State. (See TCCrP Art. 21.22 & 45.023). The court
lacks subject matter jurisdiction without the presentment of the information.
(See Texas
Constitution, Art. 5, Sec. 12(b)). Any plea by this Honorable Court, in behalf
of the Accused, without the presentment of the information by the State, lacks
jurisdiction of such action and may damage the Accused procedural rights. The
Accused request this Honorable Court to demand the prosecution to present the
information to this Honorable Court in a timely manner or Dismiss the above
cause(s) for lack of jurisdiction.
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 INFORMATION
On
this the day of , 201__, came
on to be heard Defendant's Motion to set aside Information 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 with the Notice for Information as soon as you can find a
Cause Number for your case. 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. The information filed by the State is suppose to
give you that information. That is why the prosecution seldom file one. 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.
Do
not put a page number on the ORDER – you may need to cut and paste to a new
document.
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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