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Monday, May 6, 2013

MOTION FOR COURT TO FOLLOW TEXAS CODE OF CRIMINAL PROCEDURE

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION FOR COURT TO FOLLOW

TEXAS CODE OF CRIMINAL PROCEDURE

The Accused comes by Special Appearance to bring forth this Motion For Court to Follow the Texas Code of criminal Procedure.

I hereby make known my request and move the Court to follow the Texas Code of Criminal Procedure from the arraignment, throughout all trial proceedings including pre-trial, main trial, testimony, voire dire examinations, objections, final arguments and any and all obligations brought fourth upon the Plaintiff or the Accused, in the above captioned causes.

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 COURT TO FOLLOW

TEXAS CODE OF CRIMINAL PROCEDURE

On this the day of , 201__, came on to be heard Defendant's Motion for Court to Follow Texas Code of Criminal Procedure 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

This document confirms that the judge follow the rules. Remember that a motion not granted and signed, is determined to be denied. If the judge fails to grant and sign the motion, will give reason to have the judge recuse himself and will give an error that you can appeal. If the judge is stupid enough to deny the motion and sign it, will give reason for anyone going in front of this judge in the future, to have himself recused, since it has been established that he will not follow the rules. This should 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: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Line 7: Where you put the cause numbers of the case.

Line 8: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 9: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

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

Line 11: Put whatever county the court is in – like – “Galveston”.

Line 12: Leave for the Judge to fill out.

Line 13: Leave for the Judge to fill out.

Line 14: Leave for the Judge to fill out.

Line 15: Leave for the Judge to fill out.

Line 16: Leave for the Judge to fill out.

Line 17: Leave for the Judge to fill out.

Line 18: Leave for the Judge to fill out.

Line 19: Leave for the Judge to fill out.

Line 20: Leave for the Judge to fill out.

Line 21: Leave for the Judge to fill out.

Line 22: Leave for the Judge to fill out.

Line 23: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 24: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 25: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 26: Put “ Prosecutor for (Whatever Court)

Line 27: Put the street address where the prosecutor will be served.

Line 28: Put the City, State and Zipcode where the Prosecutor will be served.

Line 29: Sign your name, print your name in Upper and Lower Caps then below that print your address.

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.

MOTION IN LIMINE

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION IN LIMINE

I, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, and by special appearance, under the authority of a motion in limine, moves this court to instruct the prosecutor of the following:

1. All elements of the charge against the Accused will be designated to the trier of fact.

2. The burden of proof will be upon the prosecutor to prove all elements of the charge against the Accused.

3. The prosecutor will refrain from labeling the Accused other than the Accused or the Defendant.

4. The prosecutor will be instructed to produce evidence into the court, under Rule 107 of Texas Rules of Evidence if the Accused is claimed to be a Person, Individual, Operator, Operating a Motor Vehicle, or Driving a Motor Vehicle as defined in the Transportation Code as associated with the statute the Accused is assumed to have violated.

5. The prosecutor will designate to the Accused which statute and regulation that the Accused is assumed to have violated.

6. Under Rule 107 of the Texas Rules of Evidence, the prosecutor will produce all evidence against 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 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 ON MOTION IN LIMINE

On this the day of , 201__, came on to be heard the Accused’s Motion in Limine for 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 and is so Ordered.

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document is filed right after the pre-trial or at least 10 before the trial. This document is important for the appeal. This is used to get the judge to instruct the prosecutor what the ground rules are at the being of the 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: 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.

MOTION TO SHOW AUTHORITY

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION TO SHOW AUTHORITY

COMES NOW, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, believes that the prosecutor is without authority to represent THE STATE OF TEXAS and moves this court to instruct the prosecutor to prove authority under Rule 12 of the Texas Rules of Court that he/she is duly authorized to represent the party of which he/she claims. The Accused asks for a continuance until which time, the acting prosecutor brings forth and files in the record, certified documented proof of such authority or in the alternative, the Accused asks for a Dismissal of all charges, as the Plaintiff has failed to appear at the hearing.

Respectfully submitted,

_________________________________

VERIFICATION

STATE OF TEXAS §

COUNTY OF ____________ §

On this day, ________________________ appeared before me, the undersigned notary public, and after I administered an oath to __________, upon ___________ oath, ___________ said ____________ read the Motion to Show Authority, and the facts stated in it are within __________ personal knowledge and are true and correct.

_____________________________

SWORE or AFFIRMED TO and SUBSCRIBED before me by _________________________ on _______________, 201__.

SEAL

____________________________

Notary Public in and for

the State of Texas

CERTIFICATE OF SERVICE

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

ORDER FOR MOTION TO SHOW AUTHORITY

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

Granted and Orders acting Prosecutor to bring forth certified documented proof of authority to represent Plaintiff within 30 days or this case will be dismissed.

Denied, Grounds Being ________________________________________________

______________________________________________________________________________

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document was created as to make the acting prosecutor show his authority to represent the State of Texas, or County or Municipality. Just another appeal issue to have the case dismissed, because the other party was not represented by counsel. Always put this motion in. Read it and understand it. It needs to be filed at least 10 days before the pre-trial.

This document requires to be notarized, by the rules.

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, print your name in Upper and Lower Caps then below that print your address.

Line 8: Put the County where you get the document Notarized – like – “Galveston”.

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

Line 10: Put either ‘him’ or ‘her’.

Line 11: Put either ‘his’ or ‘her’.

Line 12: Put either ‘he’ or ‘she’.

Line 13: Put either ‘he’ or ‘she’.

Line 14: Put either ‘his’ or ‘her’.

Line 15: Sign your name, only in front of the Notary.

Line 16: Print your name in Upper and Lower Caps.

Line 17: Leave for Notary to put in the month and day.

Line 18: Leave for Notary to put in the year.

Line 19: Leave for the Notary to sign.

Line 20: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 21: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 22: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 23: Put “ Prosecutor for (Whatever Court)

Line 24: Put the street address where the prosecutor will be served.

Line 25: Put the City, State and Zipcode where the Prosecutor will be served.

Line 26: 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.