NO. 000000
THE STATE OF TEXAS§IN THE DISTRICT COURT OF
§
vs.§HARRIS COUNTY, TEXAS
§
JEAN VALJEAN§999TH JUDICIAL DISTRICT
MOTION TO REQUIRE STATE TO LIST ITS WITNESSES
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES JEAN VALJEAN, DEFENDANT in the above entitled and numbered cause, and makes his Motion to Require State to List its Witnesses, and would show unto the Court the following:
I.
Defendant moves the Court to order the attorney for the State to provide Defendant's attorney with a list of all the witnesses, expert and lay, that the State intends to call to the stand during the trial of this cause in its case in chief, or that could be reasonably anticipated to testify on rebuttal.
II.
In the alternative, Defendant moves the Court to require that the attorney for the State file a subpoena application listing all the witnesses the State intends to call, in lieu of furnishing such list of witnesses to Defendant's attorney.
III.
Defendant requests that such list of witnesses or copy of subpoena application be sent to Defendant's attorney simultaneously with the filing thereof, by hand delivery, or by facsimile transmission, at the fax number listed on this pleading.
IV.
Defendant would further request that such list be furnished or application be filed no fewer than ten (10) days, or other reasonable time, before the date this case is set for trial, as a predicate to permitting such witnesses to testify.
V.
Defendant makes this request at the time this Motion is heard, and further, prays that the Court make its order a continuing obligation on the State to make such disclosure to the defense at the time the State becomes aware of any such witnesses.
VI.
Defendant would show that this disclosure is required, upon timely motion, by Young v. State, 547 S.W.2d 23 (Tex. Crim. App. 1977).
WHEREFORE, PREMISES CONSIDERED, Defendant requests this Honorable Court to grant this motion in all things.
Respectfully submitted,
______
Daniel Webster
Attorney for Defendant
SBN 99999999
1234 Main Street
Clutch City, Texas 77002
Phone Number
FAX #
NO. 000000
THE STATE OF TEXAS§IN THE DISTRICT COURT OF
§
vs.§HARRIS COUNTY, TEXAS
§
JEAN VALJEAN§999TH JUDICIAL DISTRICT
O R D E R
The foregoing Motion to Require State to List Its Witnesses is in all things GRANTED. It is hereby ORDERED that the State furnish Defendant's attorney with a list of all the witnesses it intends to call at trial in its case in chief, and all witnesses that could reasonably be anticipated on rebuttal, or file a subpoena application listing same, not later than ten days prior to the date this cause is set for trial, as a predicate to the Court allowing such witnesses to testify. It is further ORDERED that such list or a copy of such subpoena application be hand delivered or transmitted by facsimile simultaneously with its filing. It is further ORDERED that this order is of a continuing nature, and that the State is hereby required to furnish such information to the attorney for Defendant at the time such information is discovered by the attorney for the State.
SIGNED this ______day of ______, 2003.
______
JUDGE PRESIDING