CAUSE NO.___________

THE STATE OF TEXAS			§			IN THE _______________ COURT
						§
V.						§ 		OF ___________COUNTY, TEXAS
						§
[DEFENDANT]				§		_______TH JUDICIAL DISTRICT

NOTICE TO CLERK OF COURT:

	This motion is to be considered EX PARTE and is filed for purposes of the record.  

This motion is required to be SEALED, by law, and disclosure shall be made ONLY to the 

TRIAL COURT and COUNSEL FOR DEFENDANT.									

EX PARTE MOTION FOR FUNDS

TO THE HONORABLE JUDGE OF SAID COURT:

	Now comes the Defendant in the above entitled and numbered cause and moves the Court to provide funds for expenses of investigation and expert testimony pursuant to the Texas Code of Criminal Procedure, article [26.05 (non-capital) OR 26.052 (capital)] and in support thereof would show the Court the following, to wit:
I.
	The Defendant is charged with the offense of______________________.
II.
	The Defendant is indigent and the Court has appointed counsel to represent the Defendant because he is without funds to hire counsel.
III.
	The Defendant is indigent and without funds to retain a private investigator or expert witnesses.
IV.
	Due to the serious nature of the offense and in order to properly prepare this case,  defense counsel will be required to hire a private investigator to interview numerous witnesses who have not been interviewed by any law enforcement agency [GIVE REASON FOR NEED FOR INVESTIGATOR] [Or Due to the serious nature of the offense and in order to properly prepare this case defense counsel will be required to hire an expert witness for the purpose of_________________________(specify in detail, the need for the expert witness)].
V.
	Due to the serious nature of the offense, and in order to prepare this case properly to insure that the Defendant’s rights under the 6th Amendment of the United States Constitution and Article I §10 of the Texas Constitution are protected, it will be necessary  to hire an expert witness, and the Defendant requests that under the authority of Ake v. Oklahoma, 470 U.S. 68, 105 S. Ct. 1087, 84 L. Ed. 2d 53 (1985), Rey v. State, 897 S.W.2d 333 (Tex. Crim. App. 1995) the Defendant be granted an ex parte hearing in order to support this motion.
VI.
	In the event funds are not authorized as requested the Defendant will suffer egregious harm and will not be given a fair trial, to wit: ___________________ [specify in what manner the Defendant will suffer harm ].

	WHEREFORE, premises considered, Defendant prays that this Court authorize reasonable funds to permit the Defendant to hire a private investigator [and/or expert witness] as requested and the Court approve for payment by the County Auditor of ____________ County any reasonable bills presented.

							Respectfully Submitted,

							__________________________________
							Attorney Name
							State Bar Number
							Address
							City, State, Zip
							Phone 
							Fax
							
							ATTORNEY FOR DEFENDANT

CAUSE NO.___________

THE STATE OF TEXAS			§		IN THE _______________ COURT
						§
V.						§ 		OF ___________COUNTY, TEXAS
						§
[DEFENDANT]				§		_______TH JUDICIAL DISTRICT

ORDER ON DEFENDANT’S EX PARTE MOTION FOR FUNDS

	The foregoing motion having been properly presented to the Court and the Court being of 

the opinion that said motion should be: __________ GRANTED, and it therefore ordered that a 

reasonable sum not to exceed $________without  further authorization  from  this court be 

authorized to be expended as requested.

						_________ DENIED, to which Defendant timely excepts.

					Signed this ________ day of ____________, 20___.

						_____________________________________
						Judge Presiding