NO. 123456

THE STATE OF TEXAS	§		IN THE ____ DISTRICT COURT
§
V.	§		OF
§
JOHN DOE	§		________ COUNTY, TEXAS
MOTION FOR EXAMINATION AND RE-WEIGHING OF PHYSICAL EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

	NOW COMES JOHN DOE, Defendant herein, and files this Motion for Examination and Re-Weighing of Pysical Evidence, and in support thereof would show the Court as follows: 

1)	abDefendant herein stands charged with an offense involving a controlled substance. Defendant reasonably believes that the State will attempt to introduce the controlled substance at issue into evidence, in order to establish the guilt of the Defendant.
2)	abIn order to provide Defendant effective assistance of counsel, it is necessary that Counsel for Defendant have an opportunity, prior to trial, to observe, test and otherwise examine such evidence, in accordance with the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04, 1.05 and 1.05(a) of the Texas Code of Criminal Procedure. 
3)	abDefendant would request an opportunity to fully examine such evidence, and to have a reasonable opportunity to conduct independent testing of such evidence. IN ADDITION, DEFENDANT REQUESTS THAT THE EVIDENCE AT ISSUE HEREIN BE RE-WEIGHED FOR ACCURACY IN ORDER TO DETERMINE THE CORRECT AMOUNT AT ISSUE BECAUSE THE CLASSIFICATION OF THIS FELONY OFFENSE IS DEPENDENT UPON THE AMOUNT AT ISSUE. In this regard, Defendant would request such protective orders as the Court may deem necessary to preserve such evidence for trial. 
	WHEREFORE, PREMISES CONSIDERED, Defendant herein would pray for an opportunity before trial for independent testing, observation and evaluation of physical evidence which may be reasonably utilized by the State during trial. Such protective orders as the Court may deem necessary to preserve the evidence are agreed to by the Defendant. 
Respectfully Submitted,
________________________
Attorney for Defendant

CERTIFICATE OF SERVICE

	As Attorney of Record for Defendant, I do hereby certify that a true and correct copy of the above and foregoing document was hand delivered to the District Attorney's Office,_____________, Texas on this the ________ day of ______________, 200__. 
____________________________________
ATTORNEY FOR DEFENDANT

NO. 123456

THE STATE OF TEXAS	§		IN THE ______ DISTRICT COURT
§
V.	§		OF
§
JOHN DOE	§		____________ COUNTY, TEXAS

O R D E R

	On this day came on to be considered the above and foregoing Motion for Examination and Re-Weighing of Physical Evidence. After consideration of the same, it is the opinion of the Court that said motion should be and the same is hereby 
( ) GRANTED ( ) DENIED

SIGNED this the __________ day of _____________________, 2004.

___________________________________ 
J U D G E