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pretrial motion practice
in criminal cases

Contents
8 Quik Tips Re Motion Practice
Free Resources for Compiling a Bank of Useful Pretrial and Trial Motions
Pretrial Motion Hearings - Practice Tips
Sample Standard Pretrial and Trial Defense Motions

[If you are a neophyte to the practice of law, review the definition of legal motions; note that the definition includes pretrial motions and in limine (1) motions but goes beyond both in its explanation. If you do not have access to a form book of motions, you may want to read the CCJA publication: Pretrial and Trial Motions in Criminal Cases. It contains several hundred sample motions, from the plain vanilla to the exotic, that you can easily tailor to your case. Note to Texas Law Students: If you wish to obtain a free diskette (in Word and WordPerfect) containing the text of over 40 basic/standard motions that are customarily filed by defenders in criminal cases in Texas state courts, contact the CCJA. ]

introduction

Pretrial motion practice is an important  part of the overall pretrial preparation process that includes other components such as client interviewing and counseling, fact investigation, witness  interviewing, finding and selecting experts, brainstorming and developing a case theory, discovery, etc. Because of the much more limited discovery and deposition [Florida is a notable exception in that it has liberal allowance for defense depositions.] practice that is normally available in criminal vis a vis civil cases, defenders will often have to depend on motion practice to discover the prosecution's case and find out what its witness are about. Motion practice allows the defense to have an impact in shaping the substantive and procedural structure of the case.

eight quik tips re motion practice

  • Study and learn the rules of evidence, ethics, and procedure. The rules of the game are designed to ensure that the jury receives reliable evidence that respects individual rights belonging to accused (and sometimes to the accuser, e.g., rape shield laws).To conduct effective pretrial motion practice, defense counsel must know the applicable rules of procedure, ethics, and evidence. These rules are not picayune. They are the bricks of fair trial. If you want to be a true player in the game of courtroom warrior and win, you must master the rules. Mastering the rules means knowing how to apply them. As Confucius said,"The essence of knowledge is, having it, to apply it." Success in your pretrial motion practice is in the details. [Note: For an example of the sort of procedure one must know to engage in motion practice, allow me to refer to my own jurisdiction, Texas. In Texas, a trial court has discretion to invoke an Article 28.01 CCP pretrial hearing procedure by notifying the parties; this means that the court may set a pretrial hearing to determine the defendant's pleadings, exceptions to form and/or substance of the indictment, motions for continuances, motions to suppress evidence, motion for change of venue, motions for discovery, motions regarding entrapment, and motion for interpreter. If the trial court does invoke the Article 28.01 procedure, the defendant must file such motions at least seven days prior to the hearing date; in the absence of timely filing, such matters will not be permitted to be raised unless the defense shows good cause. Since the trial court need not consider certain matters filed outside the time frame, timely filing of pretrial motions is essential.. See Graham v. State, 769 S.W.2d 594 (Tex. App. - Corpus Christi - 1989); Bosley v. State, 414 S.W.2d 468 (Tex. Crim. App. 1967) cert. denied 389 U.S. 876 (1967). Another example would be the requirement in a suppression hearing based on an allegedly defective search warrant that the warrant be included in the appellate record. In short, become familiar with the numerous procedural default speed bumps that your jurisdiction has created for defenders seeking correct rulings on motions.]

  • Don't file frivolous motions. You will lose the goodwill of the court and the opposition if you file unnecessary motions for purposes of harassment. Why infuriate the judge by wasting the court's time?There is a difference between being an offensive obstructionist and a zealous advocate

  • Know the difference between stock and swank. There may be certain pretrial motions that you will file in every criminal case, e.g., request for notice from the prosecution of intent to introduce evidence of uncharged misconduct and prior convictions of the accused, discovery of names of witnesses, etc. Other motions will only be filed when you have a good faith belief that they are relevant and consistent with your case theory. This means that you will typically have to gather enough information to determine that the motion is appropriate. Avoid filing "boilerplate," "fill-in-the-blanks" motions. Boilerplate motions often contain language that is inconsistent with your case theory. Instead, learn how to write motions that are tailor-made for your case.

  • Use your staff to save you time in drafting motions. Your support staff can save you a lot of time in preparing drafts of stock motions. Use a good document assembly system that allows your secretary or paralegal to do the lion's share of preparing the draft motions and other forms you will need for a case. If you develop a well organized set of functional questions to be answered in each case that comes into the office, the answers to those questions will allow your secretary or paralegal to create preliminary drafts of many standard motions and other documents appropriate to the case. The extensive Law Office Management and Pretrial pages describe document assembly programs designed for criminal defense. These computer programs typically provide the basic forms. The publishing giants sell criminal form books in every jurisdiction. Check the form book out of your local law library and copy the motions. You can duplicate the basic forms and tailor them to your needs. If you are working on a shoestring, get a $29 copy of the book of motions and copy the several hundred motions onto your computer. Every criminal case is different, but many will involve the same legal issues. As the case develops, your secretary or paralegal should be able to draft a number of stock motions that you can review and edit. Of course, there will be times, e.g., complex cases, when you have to create unique motions. Always review every motion, stock or swank, before you file it.  

  • Use a checklist. Prepare yourself a checklist of all possible motions from which you can pick and choose in the individual case: See the list of +140 motions below.  You can create and expand your checklist simply by looking at the table of contents of as many motion books, disks, or CDs as you can get your hands on. 

  • Start early:  When should your start thinking about motions. Obviously, you don't wait until the day motions are due to be filed. Start a motion file in your pretrial practice notebook when you open the case. Jot down ideas.

  • Determine your primary and secondary goals. In some cases you may know that the chances of having your motion granted are slim. Still, you may find it useful to proceed with the motion if it will accomplish other goals, e.g., as an opportunity to conduct the functional equivalent of a discovery deposition. For example, if a hearing with live witnesses is held, you will be able to examine opposition witnesses under oath. This can be useful in forcing the opposition witnesses to take a firm sworn position prior to trial and, also,  in providing you with fruit for impeaching the witnesses with their prior inconsistent statements. Under the rules of evidence existing in many jurisdictions, the prior inconsistent statement given under oath in such hearings is also admissible for the truth of the matter stated, as an exemption from the hearsay rule. Another reason for going forward with a motion is to persuasively present your position to the court in the hope that the information you develop will have a favorable influence on the court's equitable exercise of discretion at future junctures in the case, even though the precise relief you seek by the motion may be refused or denied.   .  

  • Decide upon the content of your motion. Once you have decided that a certain motion is appropriate, you have to decide upon its content. The client is paying for your legal research and writing skills. Polish them by constantly trying to be a better writer and grammarian (1) (2 -Legal Writing in Plain English), (3 - The Bluebook of Grammar and Punctuation) and a better legal researcher (1), (2). There are some standard motions that will have the same content, e.g., a motion that the court reporter be ordered to record all testimony including the jury voir dire, argument, and bench conferences. Because the request will be the same for each case, once you have this motion in your word processor, you will file it in every case with few changes other than the caption. Many pretrial motions must be customized for the particular case. Always carefully proofread your motions to be sure that you didn't any words out. (Yes, you read that last sentence correctly.)

free resources for compiling a bank of useful pretrial and trial motions

[For those who are inexperienced in motion practice, the CCJA offers an inexpensive monograph - Pretrial and Trial Motions in Criminal Cases - that contains guidance on how to write original motions. The monograph contains a couple of hundred sample motions that can be used in defending criminal cases.] One of the great tragedies of American justice is that it keeps those who defend indigent persons charged with crime woefully ignorant of ruling case law and procedure. It takes substantial portions of money and time to stay current with continual changes in the criminal law. The lawyers who need the most help, those who defend the poor and socially disadvantaged, are deprived by the system of essential training in law and procedure. Until this happens, it is hypocritical to proclaim that there is anything approaching equal access to justice in our society.

If you are a criminal defense lawyer looking for free downloadable motions, here is a list of some Internet sites that may provide some cost-free assistance in providing sample motions and jury instructions:  D,C. Federal Defender (This terrific site has many features, including downloadable motions.), Texas Federal Defender (This defender site has downloadable information re motions among other information articles. See also the publications of (1)), and Washington/Idaho Federal Defender (This excellent defender site includes a motion bank; you'll have to call to get a password.) Try this Louisiana capital defense site for a whole raft of over 90 downloadable motions, many that can be customized and used in non-capital cases. See also the Capital Defense Weekly, Death Penalty Defense, and the Capital Defense Network for more death penalty case motions as well as these resources: (1). The Clark County Indiana prosecutor also provides resources for death penalty prosecutions. This Texas Defender site also has a number of free downloadable motions, as does the Colorado Public Defender. The Florida Public Defender has a number of capital defense motions downloadable in Word. This article describes pretrial motion practice from a Missouri perspective and also discusses the elements of a motion, e.g., the caption, the headline, the introduction, the lead, the factual basis, and the prayer for relief. Here's a discussion (no sample motions) of some of the typical defense motions filed in federal criminal cases. If you are interested in federal motions, check the various public defender web sites on this page's drop down menu. See also (1). This public defender Ohio Defender site has some motions re mental retardation in death penalty cases. See Atkins v. Virginia, 536 U.S. 304 (2002). Here are several lawyers with stock, common, nothing sophisticated) motions on their web sites: (1 -TX), (2), (3-TX; this chap has his picture on each motion), (4- Federal). You may even find some blawgs (Here's one. I don't vouch for it.) with sample motions. With regard to expert testimony, to see how one might raise a Daubert issue, take a look at these motions to exclude DNA evidence (1), (2) and handwriting, hair, and fiber analysis (1).  There are also some Internet resources for those doing post-conviction writ work. (1), (2), (3).  

pretrial motion hearings - practice tips

+ At the pretrial stage of a criminal case, the trial court judge holds the muscle power to issue or deny the orders a party seeks. The contempt power allows a judge to imprison or fine a person, including a lawyer or other officer of the court, who directly disobeys or resists a lawful court order or otherwise threatens to obstruct the administration of justice.  The lawyer who respectfully refuses to comply with the lawful order of a court can be held in civil contempt and fined or incarcerated pending compliance with the order. When compliance occurs the contemnor purges himself of contempt. Criminal contempt typically involves insolent behavior in the courtroom or obstructive behavior outside the courtroom. It is punished by fine or incarceration. The important thing to recognize is that the court has the power to enforce its orders granting motions. 

+ At some point in a vigorous pretrial motion process, the trial judge will start figuring out what the case is all about. When they do, they are going to take sides. It's a natural internal decision and will typically be camouflaged in outward neutrality. But the plain fact is that your judge will  want the case to come out right. Trial judges have considerable discretion (wiggle room) over the outcome  of  pretrial maneuvers by the lawyers, e.g., when oral or affidavit evidence is given in support of a motion the trial judge in ruling on the motion may chose to believe or disbelieve any or all of a witness' testimony and the appellate court will not disturb any finding that is supported by the record. If you are trying to get a favorable ruling on your pretrial motions, the key is to conduct yourself at the pretrial hearings in a way that makes the judge want you to win. You are advocating to the court. At trial, when things become more formal and a jury is involved, the judge assumes the role of quiet referee and your advocacy focuses on the jury, but, even then, it's best to have a "neutral" referee who is silently rooting for you, rather than for your opponent..

+ Get your theory of the motion out front as early as possible. Try to make a very brief opening statement at the beginning of the hearing in which you acquaint the court with the gist of your motion, e.g., what you are seeking and why. Know exactly what you are going to say in this opening, and rehearse it a couple of times.

+ What about the use of electronic technology to present visuals at your pretrial hearing? Software may allow you to present useful information, e.g. a timeline that you create as you question a witness. Know how much time you are going to be fairly allowed for your motion hearing.  If the hearing a quickie, you are probably wasting time in trying to prepare electronic exhibits. Judges may simply not have enough time for you to present a PowerPoint slide show in connection with the hearing.  If there is time, make sure your laptop screen setting is set properly so that it interfaces with the courtroom projector. Bring the right hook-ups for your laptop. Know whether the courtroom has WiFi (wireless) connections. You'll probably need advance sign-in credentials to use the wireless connection. If you are using a wirfeless remote, make sure it's working. Come in beforehand and make sure your equipment works. Remeber to refer to the exhibit number opf your electronic exhibits and verbally indicate for the record what is being shown with telestrators, finger line drawings, etc. If you are displaying a prior inconsistent statement for impeachment, be sure to read the contents into evidence. The main consideration in using technology at the hearing is that you don't want to appear to be wasting the court's time in your presentation at the hearing.

+ When you present your facts, make them come alive in visual images that you want the judge to picture in mind. As you plan your presentation, use the cartoon method of visualizing the facts of your motion as a four panel cartoon. Paint those images for the judge with testimony, a bench brief, and a brief oral argument at the end of the hearing .

+ Facts are the meat of your argument. Look for the facts that show a wrong that has been done or a wrong that needs to be righted or fairness that needs to be afforded.

+ Know your judge. The judge may not know you. Be honest. Be truthful. Be prepared to defend the assertions you make.

+ Be understandable. At the beginning of the hearing, give the judge a one page list of your main points.

+ When you present your motion, start with the strongest point. You'll have a couple of minutes of the court's attention.

+ Courtrooms are not designed for witnesses to testify to the judge. Yet, the court functions as a judge of witness credibility at motion hearings involving issues of fact. Have your witnesses turn and face the judge when testifying to major points. You can cue the witness beforehand to establish eye contact with the judge when you use a phrase such as, "Tell (or show) the judge." If the courtroom design is so hideous that the judge will be unable see the witnesses, consider asking the court to allow the witnesses to testify from the jury box.

+ Use the motion hearing to evaluate and test the strength and credibility of the witnesses, yours and the opposition's. Try to get a feel for the effectiveness of opposing counsel. Look for flaws that you can exploit at trial.

+ Always make a brief argument in support of your motion. Defenders, when they are the movant, usually get to have the last word at argument of the motion. Check your applicable rules of procedure. Prepare an outline of what you want to say, e.g., a brief introduction, your key points and the supporting authorities and facts, and a conclusion. Then rehearse or moot your argument.  [Follow the suggestions re eye contact, gestures, voice, etc. contained in Delivery of Argument.] Prepare and use a global visual that clarifies your overall argument. When you present your position in argument, don't be pushy or overly verbose. Focus the argument on your strong points, but address and dismantle the opposition's strongest points. Burying your head in the sand won't make unfavorable points disappear. Use your legal research skills to find the latest cases. When you cite cases, have a copy  available and always act (even though it is probably not true) as if the trial judge already knows the ruling case law you are citing, e.g., "As you well know (are aware), Your Honor, State v. Smith, at volume __,  page __ of Southwestern 3rd states, and I quote, '(read the relevant language)'."  

+ Juries can't ask questions during the opening and argument, but judges at motion hearings often do. Be prepared to be interrupted with questions from the bench. If the judge asks questions during your opening or argument on the motion, respond directly. Don't avoid the issue. When your respond directly to the question asked, try to weave your relevant point (argument) into the response. Be careful not to concede points that will undermine the thrust of your argument. To maintain or heighten your ethos (honesty, integrity, trust), concede facts that are beyond dispute (indisputable facts). Always think in advance about the possible inferences that can logically arise from a premise. Don't argue with the judge.

+ Keep in mind that you can score points and achieve secondary goals, e.g., discovery, impeachment, convincing the judge, even though you don't achieve the primary goal of having your motion granted. If you are seeking information, your questioning of opposition witnesses, e.g. police officers, will have the characteristics of a direct examination. That is, you will ask open-ended who, what , when , where, why, and how questions; you will also pose follow-up questions when the witness evades. If you are seeking meat for later impeachment, you will want to pin the witness' story down at the motion hearing.  

+ Often the trial judge will defer ruling and take the motion under advisement for a period of time before issuing a ruling. When time comes to rule on the motion, the judge's memory of the motion hearing may be faint. It will help the judge remember your argument if you make it a practice to provide the judge with a written summary of your argument on the motion. The judge won't read it at that time, but if you make sure that the summary is placed in the court file, chances are that the judge will review it when considering the appropriate ruling. It may increase your chances of a favorable ruling. Immediately before your argument, say, " Your honor, to save you from having to take notes during my argument on the motion, I've prepared a written summary. I''d like to offer for the file simply as a memory aid that will save the court from having to take notes during my argument."

+ If the trial court rules against your motion to suppress at the pretrial stage, always ask the trial court to reconsider its ruling when the opposition seeks to introduce the evidence at trial. This request is essential if additional evidence is adduced at trial that supports the motion. [Remember that if the trial court's ruling on your motion is correct on any theory of the law,

+ If you are using a motion hearing as a way of getting discovery and/or sworn testimony from the other side's witnesses that can be used for impeachment or as probative evidence, your method of cross-examination will be "bass ackwards" from the traditional approach that we take to cross at trial. In the motion hearing for discovery or impeachment, you may want to allow the opposing witness to talk; that means open-ended questions. You will often want to ask follow-up questions. You may even ask for hearsay and for otherwise inadmissible lay opinion.

+ Check this site for some good practice tips with regard to specific issues that can arise in suppression motion hearings, e.g., tailored police testimony. If you want the citations in your bench brief or memorandum to be in proper form, the Cornell Citation page will give you the answers you need.

sample standard pretrial and trial defense motions

If you want something to happen or you don't want something to happen within the procedural framework of the case, you're going to have to ask the court to issue an order. You make the request for a trial court order by means of a motion. The trial judge will handle housekeeping matters sua sponte (on its own motion without any request from a party), but for the most part you can't count on the trial court to control the opposition without  a formal request, i.e., motion, from you. Some motions will suffice on their own face to support the issuance of a dispositive order by the court. Other motions will require supporting evidence, e.g., an affidavit. In some instances, particularly those involving disputed facts, it will be necessary to adduce oral testimony at a hearing on the motion. Here's a list of some federal cases holding criminal defense trial counsel ineffective, under the Sixth Amendment right to counsel, for failure to file certain motions.

What follows is a smorgasbord of titles to plus 150 standard motions that might be filed by defenders. Although most of these motions could be filed in any jurisdiction, some of them have a basis in the law of my home state, Texas. Accordingly, I have indicated the statutory or rule based source of those motions (CCP = Texas Code of Criminal Procedure; TPC = Texas Penal Code; TRE = Texas Rules of Evidence) For more information about drafting your own motions (1 - tips from a civil lawyer)  and a couple of hundred other standard motions , see Pretrial and Trial Motions in Criminal Cases - A Trial Lawyer's Guide: The USSC cases and state cases cited after some of the motion titles may give you a head start if you are researching and/or drafting your own motions rather than using boilerplates or fill-in-the-blanks templates that you don't understand and that were written or ripped-off by a pointy-headed legal software seller. If you are going to competently defend persons accused of crime, you'll have to keep up with breaking cases.

Note: To monitor the U. S. Supreme Court's slip opinions of cutting edge cases, e.g., Crawford, Blakely, etc., I use these free sites: Findlaw Supreme Court Cases, Supreme Court Slip Opinion, Cornell, Findlaw's USSC briefs, ABA's briefs, This is a fee based subscription service. Use these sites to find Federal Codes, (1), (2), State Cases. Lexisone will allow you free access to USSC cases and state cases for the previous five years. VersusLaw provides a low-cost alternative to Westlaw and Lexis. You may also be able to find useful information regarding cases pending in the USSC in this ABA preview site.  One of the best sites to help you stay on top of cases pending in and recently decided by the United States Supreme court is "On the Docket" sponsored by the Medill School of Journalism at Northwestern University.  For those with a historical bent, you may find it interesting to read the bios of justices who have staffed the Supreme Court. The SCOTUS and HowAppealing blawgs deal respectively with USSC and appellate court going-ons. If you are brief-writing the Legal-Writing blawg is a useful resource.This super blawg aggregates a large number of blawgs covering activity in the various federal circuits. Texas criminal lawyers must be aware of the Texas Penal Code,  Texas Code of Criminal Procedure, Texas Rules of Evidence, Texas Rules of Appellate Procedure, Texas Court Reporters Rules, and the the Texas Uniform Court Reporters Manual as well as the Texas Court of Criminal Appeals mail service, the Texas AG Google search for opinions, the Texas Legislature. , the Texas Legislative Reference Library. Here's an Internet research tutorial, a research guide, a free email bulletin, a free newsletter. One of the best ways of keeping up with changes in criminal procedure at the federal level is to read the Georgetown Law Journal - Annual Review of Criminal Procedure; it'll cost you about $65 per annum; it's a +1,000 page summary of recent cases in the 12 Federal Circuit Courts and the USSC. 

Here's a potpourri of titles to motions that you may want to adopt, adapt, or compose:

  • Motion for Court Reporter to Make a Full and Complete Record of All Hearings or Court Proceedings - (See Rule 13, Texas Rules of Appellate Procedure; note that Rule 13.(a) now requires the court reporter to make a record of the voir dire and final argument, unless excused by agreement of the parties.)
  • Motion to Preserve Evidence Otherwise Subject to Destruction, Corruption, or Contamination
  • Motion to Use Best Practices in Lineups and Eyewitness Interviews (1)
  • Motion Pursuant to Article 36 of the Vienna Convention Re Consular Relations (VCCR) for Access to and Communication with Consular Officials by the Defendant as a Foreign National Detained in the United States of America (1 - 60 pages of information re VCCR) This motion is based on international law, Articles 5 and  36 [more specifically Article 36 (1)(b)] of the VCCR, that states that foreign nationals held in custody must be allowed to contact their embassy), (2)
  • Nonresident Attorney's Motion to Appear Pro Hac Vice ["Pro Hac Vice" is Latin for "for this occasion or particular purpose" and is used here when a lawyer who has not been admitted to practice in a particular jurisdiction seeks temporary admission there to try one case.] This web page provides nonresident lawyers who seek to practice in a Texas court with useful information regarding Pro Hac Vice practice in Texas. Here is broader info on multijurisdictional practice.
  • Motion to Prevent Ex Parte Communication with the Court by the Prosecution Except as Permitted by Law or Court Order - See Rule 3.5(b) ABA Model Rules of Professional Conduct. See also Canon 3B(7) of the ABA Model Code of Judicial Conduct. Check your jurisdiction's rules at CCJA Ethics.
  • Motion to Withdraw as Counsel
  • Motion by Court-Appointed Counsel that the Court Determine Whether the Defendant Who Wishes to Proceed Pro Se Is Making This  Decision Knowingly and Voluntarily - Faretta v. California, 422 U.S. 806 (1975). (1)
  • Motion to Substitute Counsel
  • Motion to Modify Conditions of Bond
  • Motion for a Preliminary Hearing [Note: Texas is the only state in the nation that calls the preliminary hearing an "Examining Trial"]
  • Motion for a Transcription of Evidence Presented at Preliminary Hearing
  • Challenge to the Array of Grand Jurors - Articles 19.27, 19.30 CCP (Texas Code of Criminal Procedure).
  • Challenge to a Particular Grand Juror - Articles 19.27, 19.31 CCP.
  • Motion to Require the Grand Jury to Record the Information Presented to It by the Prosecutor and Witnesses
  • Motion to Preserve Grand Jury Testimony of Witnesses Who Testified or Otherwise Provided Evidence
  • Motion to Adopt Pretrial Motions of Co-Defendant
  • Motion to Quash (Set Aside) Indictment-  Exception to the Indictment - Articles 21.02, 21.21, 27.03, 27.08, 27.09, 27.11, 27.12, 28.01 CCP. Here (1)  is a 150 page memorandum in support of a motion to dismiss a federal indictment and for a bill of particulars.
  • Motion to Prevent Use of Prior Conviction for Enhancement -  (1 - federal)
  • Motion to Require the Prosecution to List the Names of Witnesses Upon Whose Testimony the Indictment was Found - Art. 20.20 CCP.
  • Motion to Withdraw Plea of Guilty - A.B.A. Standards - Guilty Plea (1999).
  • Motion to Require Specific Performance of Binding Plea Bargain by the Government (Add: ,and If the Court Does Not Require the Prosecution to Honor the Promises It Made, That the Defendant Be Allowed to Withdraw His/Her Plea  - Santobello v. New York, 404 U.S. 257 (1971); Brady v. United States, 397 U.S. 742 (1970); United States v. Mabry, 467 U.S. 504 (1984).  See federal cases involving withdrawal of a plea, see Rule 11(d) Fed. R. Crim. Proc.
  • Motion to Adopt Motions and Pleading Filed by Defense in the Previous Trial of This Case
  • Defendant's Special Plea in Bar Based on Former Acquittal, Former Conviction, Improper Termination, or Collateral Estoppel - Art. 27.05 CCP
  • Defendant's Plea of Double Jeopardy to Bar Retrial After Defendant Successfully Moved for Mistrial When the Prosecutor Engaged in Conduct That Was Intended to Provoke the Defendant Into Moving for A Mistrial, - Oregon v. Kennedy, 456 U.S. 667 (1982); on this front, Texas lawyers got some bad news from the ex-prosecutor dominated Texas Court of Criminal Appeals in Ex parte Lewis, 219 S.W.3d 335 (Tex. Crim. App. 2007).
  • Motion for Discovery - (1 , 2  & 3 federal case law and Rule 16 Fed. R. Crim Proc.); Art. 39.14 CCP. [Re expert opinion under Articles 7 of TRE and FRE - Regarding opposing experts request that the opposition provide you with the business addresses and phone numbers of the opposition's experts, copies of all written reports and bench and field notes made by their experts or , if no reports were made, a summary of their experts' anticipated testimony; also, request that the opposition provide you with its expert witnesses' qualifications and opinions as well as the factual data or underlying information upon which the experts' opinion will be based. If you plan to challenge the admissibility of the other side's expert testimony, be ready to file a written motion to exclude.]; ABA Standards - Criminal Discovery (1994). See CCJA's Pretrial.
  • Motion to Compel the Prosecution to Take Steps to Learn of Any Evidence Favorable to the Defendant That Is Known to Other Persons Acting for the Government Team, e.g., the Police
  • Motion for a List of Prosecution Witnesses
  • Motion for Disclosure of Grand Jury Testimony of Witnesses for Which There Is a Particularized Need
  • Motion for Court Order for Access to Allow Defense Inspection of  Scene of Alleged Offense
  • Motion to Physically Inspect, Examine, and Forensically Analyze Tangible Items of Potential Evidence
  • Motion for Discovery of Software Source Code to Access Program that Runs Breath Alcohol Measuring Instrument (e.g. Intoxilyzer 5000, DataMaster, etc.) Utilized by Government to Analyze Breath Sample in DUI (DWI) Case
  • Motion to Require the Government to Reveal Any Agreement Between Any Agent or Agency of the Government and Any Government Witness - Giglio v. United States, 405 U.S.150 (1972).
  • Motion to Preclude Creation of Informant Testimony (1)
  • Motion to Require the Government to Produce the Government's Informant for Trial
  • Motion to Disclose the Present Whereabouts of the Government's Informant for Purposes of a Defense Subpoena
  • Due Process Motion for Court Appointment of Competent Expert in the Field of (state the relevant field of expertise) to Assist the Indigent Defendant and Defense Counsel in Preparing and Presenting the Defense of (state the relevant defense)  - Ake v. Oklahoma, 470 U.S. 68 (1985) [Note: Ake doesn't mean much in some states, e.g. Georgia, where you might occasionally run into a trial court judge who is apathetic to basic concepts of fairness.]  See Expert Testimony
  • Motion to Observe Searches for Trace Evidence Conducted by Law Enforcement Agents and Forensic Criminalists on Evidence Seized and Impounded by Agents of the Prosecution  See Expert Testimony
  • Motion to Have Defense Expert Present to Observe and Record Scientific Testing Conducted by the Prosecution's Forensic Evidence Agents  See