Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION FOR HEARING TO TEST QUALIFICATIONS
OF PROSECUTION’S CHARACTER AND REPUTATION WITNESSES

TO THE HONORABLE JUDGE OF SAID COURT:

	NOW COMES ***, the Defendant in the above styled and numbered cause, pursuant to 
Rule 104 of the Texas Rules of Evidence, prior to trial/prior to the testimony of character witnesses to be presented by the prosecution and moves the Court to conduct a hearing outside the presence of the jury to test the qualifications of the State’s witnesses to express an opinion as to the Defendant’s character or reputation and in support thereof would show the Court as follows:
	
I.
Defendant may raise/has raised the issue of character.  Defendant believes that the prosecution will offer rebuttal testimony as to character and reputation to impeach the Defendant and/or Defendant's character witnesses, during the guilt/innocence stage or on the issue of punishment.  See Rules 404(a) and 608 of the Texas Rules of Evidence.
	
II.
If character or reputation witnesses offered by the Prosecution are permitted to testify regarding their opinions as to Defendant's character or reputation before the jury, and on cross-examination it is determined that such witnesses were not qualified to render such an opinion, the harm and prejudice to the Defendant could not be cured by an instruction by the Court to disregard such adverse testimony, in violation of the Fifth and Fourteenth Amendments of the United States Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04 and 1.05 of the Texas Code of Criminal Procedure.

	WHEREFORE, PREMISES CONSIDERED, Defendant prays that prior to any testimony 
from witnesses for the Prosecution on the issue of the Defendant's character or reputation, the Court grant a hearing outside the presence of the jury so as to allow the Defendant an opportunity to test the qualifications of such Prosecution witnesses before allowing said witnesses to testify before the 
jury.

Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone
Fax

Attorney for Defendant
***

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion for Hearing to Test Qualifications of Prosecution’s Character and Reputation Witnesses was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

						
ORDER

	Came on to be considered the Motion for Hearing to Test Qualifications of Prosecution’s Character and Reputation Witnesses of the Defendant.  Upon consideration of the motion and argument of counsel, the motion is hereby:

__________	(GRANTED, and the State is prohibited from eliciting any opinion or 
reputation testimony from any witness as to the character of the Defendant until such time as the Court has conducted a hearing outside the presence of the jury to determine the qualifications of such witnesses to testify to opinions as to character or reputation).

__________	(DENIED, to which the Defendant duly excepts).

Signed on ____________________, 200___.

	
____________________________________
JUDGE PRESIDING