MOTION FOR A FAIR TRIAL

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §           __________________ COUNTY, TEXAS

MOTION FOR A FAIR TRIAL

COMES NOW, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, moves this court to conduct a fair and impartial trial and asks the following:

1.      _________________________________, requests that the Honorable Judge of the Court will follow and be in compliance with the Constitution for the United States of America and the Constitution for the State of Texas.

2.      _________________________________, requests the Honorable Judge of the Court be impartial towards the Prosecutor and The Accused.

3.      _________________________________, requests the Honorable Judge of the Court to remind the Prosecutor, of Article 2.01 of the Code of Criminal Procedure, that all attorneys are charged "with the primary duty not to convict but to see that justice is done.”

4.      _________________________________, requests the Honorable Judge of the Court to remind the Prosecutor, of Article 2.01 of the Code of Criminal Procedure, “They shall not suppress facts or secret witnesses capable of establishing the innocence of the accused.”

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 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 FOR MOTION FOR A FAIR TRIAL

On ________________, 201__, the court considered the Accused, _________________________________ motion for a fair trial on the above Cause(s). After considering the evidence and authority so shown, the court orders said Motion should be

                    Granted

                    Denied, Grounds Being ________________________________________________

____________________________________________________________________________

            Signed and entered this                day of                            , 201__.

SEAL

         

                                                                        _____________________________

                                    Judge Presiding

INSTRUCTIONS

This document was created as to keep the judge honest. Remember that any order not signed is a denial of the associated document, this being a Motion for a Fair Trial. It has been known that some judges will deny this motion, just because he gets use to denying all the motions. When you get a stupid judge that denies this motion, this will allow anyone that goes in front of this judge ever again, to have him recuse himself, because of the evidence that you cannot get a fair trial in his court. It is known that judges that have denied this motion, will soon retire. Always put this motion in. Read it and understand it. It needs to 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: Put your name in Upper and Lower Caps.

Line 7: Put your name in Upper and Lower Caps.

Line 8: Put your name in Upper and Lower Caps.

Line 9: Put your name in Upper and Lower Caps.

Line 10: Put your name in Upper and Lower Caps.

Line 11: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Line 12: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 13: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 14: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 15: Put “ Prosecutor for (Whatever Court)

Line 15: Put the street address where the prosecutor will be served.

Line 16: Put the City, State and Zipcode where the Prosecutor will be served.

Line 17: Sign your name, then below 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.