Library of Motions – Motion To Summon Out-Of-State Witness And For Advance For Expenses

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (name), herein and requests the Court to issue a certificate, pursuant to Art. 24.28, Tex. Code Crim. Proc. Ann., commanding the presence of a witness residing out?of?state, and for advance compensation for said witness, pursuant to Art. 35.27, Tex. Code Crim. Proc. Ann., and in support hereof would show the Court the following:

Art. 24.28, Sec. 4(a), provides for a method of summoning an out?of?state witness to appear in a trial in this jurisdiction.

Art. 35.27, Sec. 8, provides that upon application of the Defendant showing to the Court a reasonable necessity and materiality for the testimony of a witness residing out?of?state, the Court shall provide for the advance of funds necessary for the attendance of such witness.

_________________________________________, _________________________________________________, is a material witness and has within his personal knowledge, information bearing directly on the transactions which form the basis of the instant prosecution. ___________________________________’s testimony is necessary to a fair adjudication of the issues on trial in this cause. The attendance of this witness will not be possible without an advance of travel funds.

The denial of this Motion will result in a denial to the Defendant of due process of law, due course of law, and his right to call witnesses on his own behalf.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this Court take the necessary actions to secure attendance of this witness on _________________________________, 200_____, at ___________ ____.m., and an advance of the funds necessary.

BEFORE ME, the undersigned authority, on this day personally appeared (Attorney Name), who, upon being duly sworn, did depose and state the following:

My name is (Attorney Name) and I am the Court-appointed attorney in the above-styled and numbered cause. Through my investigation of the this case I have determined that ___________________________________________ of ________________________________, is a material witness in this case. I have also determined that ________________________________ has no funds with which to come to Dallas, Texas. An advance of funds will be necessary in order to obtain his attendance at the trial of this cause.

SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this the ________ day of _______________, 2002, by the said (Attorney Name), to certify which witness my hand and seal of office.

My Commission Expires:

________________________________________

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion to Summon Out-Of-State Witness and For Advance of Expenses in the Above-Styled and Numbered Cause 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.

ON THIS the ________ day of __________, 200___ came on to be heard the foregoing Motion to Summon Out-of-State Witness and for Advance for Expenses, and same is hereby GRANTED/DENIED, to which action Defendant excepted.