CAUSE NO.______________

THE STATE OF TEXAS				§	IN THE ______________ COURT
							§
V 							§	_____________COUNTY, TEXAS
							§
[DEFENDANT					§	______  JUDICIAL DISTRICT
							§

MOTION FOR HEARING REGARDING
OUT OF STATE WITNESS

	Pursuant to the UNIFORM ACT FOR EXTRADITION OF MATERIAL WITNESSES, (CITE APPROPRIATE STATE STATUTE), and the Texas Code of Criminal Procedure Article 24.28, by his/her attorney, ___________________, hereby petitions the Honorable Court to order ______________________ to appear in  County Court on a date certain and time specified to give answer why the Court should not find the above named is a material and necessary witness in a criminal case now pending in the State of Texas, that is, [style] , Case No.____________________.
	In support of this request, find attached hereto and incorporated by reference the Motion and the Certificate of Judge ________ of the  Court of __________ County, Texas. In case No.______, ______________ is the defendant charged with  the offense(s) of  ________.  The witness,_________ , is material and necessary witness because ___________.
	WHEREFORE, _____________________ respectfully requests the Honorable Court to enter an order setting this matter for hearing and summoning the above-named witness to Court to give answer why the Court should not find that said  is a material witness and order __________________ to appear at said Court in the State of Texas, ____________ County.

							 Respectfully submitted,

							_________________________
							Name:
							State Bar No.
							Address:
							City, State, Zip
							Telephone:
							Fax:
							e-mail:

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Defendant’s Motion for Hearing 

Regarding Out of State Witness was served upon the attorney for the State on 

________________________________, 20____.

							_____________________________________
							Attorney for Defendant

CAUSE NO.______________

THE STATE OF TEXAS				§	IN THE ______________ COURT
							§
V 							§	_____________COUNTY, TEXAS
							§
[DEFENDANT					§	______  JUDICIAL DISTRICT

ORDER

On this day came on to be heard the foregoing Defendant’s Motion Regarding Out of State Witness.  
The Court, having considered the motion and argument of counsel, it is hereby 

________________________.  

Signed this ____ day of ______________________, 20____.

___________________________________
JUDGE PRESIDING

CAUSE NO.______________

THE STATE OF TEXAS				§	IN THE ______________ COURT
							§
V 							§	_____________COUNTY, TEXAS
							§
[DEFENDANT					§	______  JUDICIAL DISTRICT
							§
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