Library of Motions – Request For Notice Under Rule 404(b)

REQUEST FOR NOTICE UNDER RULE 404(b)
NO. (Cause No.)
THE STATE OF TEXAS
VS.
(Defendant’s Name)
§§

§

IN THE COUNTY CRIMINAL
COURT NO. _____ OF
DALLAS COUNTY, TEXAS
REQUEST FOR NOTICE UNDER RULE 404(b)

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant’s Name), and pursuant to Rule 404(b), Texas Rules of Criminal Evidence, requests notice from the state in advance of trial of the state’s intention to introduce into evidence in the state’s case in chief evidence of other crimes, wrongs or acts.

I.

Defendant specifically requests that the state provide this notice to him without the necessity of a court order.

II.

If the state fails to provide this notice voluntarily, Defendant requests that the court order the state to provide the notice under Rule 404(b) sufficiently in advance of trial so that the Defendant can make use of the information.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the above requests be complied with.

Respectfully submitted,

____________________________________
(Attorney’s Name, Address and Bar No.)
ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Request for Notice Under Rule 404(b) was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207, on this the _______ day of ________________ 2002.

____________________________________
(Attorney Name)
ORDER

ON THIS the ________ day of __________, 200___ came on to be heard the foregoing Request for Notice Under Rule 404(b), and same is hereby GRANTED/DENIED, to which action Defendant excepted.

____________________________________
JUDGE
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Phone: (214) 538-6629
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