CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

	
MOTION FOR HEARING PRIOR TO TRIAL
PURSUANT TO RULE 705, TEXAS RULES OF EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW JOHN DOE, Defendant in the above-entitled and -numbered cause, and pursuant to Rule 705 of the Texas Rules of Criminal Evidence, hereby requests that the Court conduct a hearing outside the presence of the jury and prior to trial to determine the admissibility of any expert testimony offered by the State and as grounds therefor would show the Court as follows:
I
	Rule 702 of the Texas Rules of Criminal Evidence provides that scientific, technical, or other specialized knowledge is admissible if it assists the trier of fact to understand the evidence or to determine a fact in issue.  The Texas Court of Criminal Appeals has interpreted Rule 702 to require a showing that any expert testimony is both relevant and reliable.  Hartman v. State, 946 S.W.2d 60 (Tex. Crim. App. 1997), Kelly v. State, 824 S.W.2d 568 (Tex. Crim. App. 1992).  Specifically, to be reliable the evidence must meet three criteria:
	1.	the underlying scientific theory must be valid,
	2.	the technique applying the theory must be valid, and
	3.	the technique must have been properly applied on the occasion in question.  
Id. at 62 citing Kelly v. State, 824 S.W.2d 568, 572 (Tex. Crim. App. 1992).
II
	If the Court determines that the expert testimony offered by the State is both relevant and reliable, Defendant would request the Court to determine if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.  Tex. R. Crim. Evid. 403.
III
	The Defendant is entitled to a hearing outside the presence of the jury for the trial court to make a determination of the admissibility of any expert testimony offered by the State.  Tex. R. Crim. Evid. 104 and 705.
	WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant this motion and conduct a hearing prior to trial to determine the admissibility of any expert testimony.  In addition, at the hearing on the admissibility of the expert testimony, Defendant would request the Court to make the required determinations under Rules 702 and 403 as set out above.
Respectfully submitted,

By:                                                              

	CERTIFICATE OF SERVICE

I certify that a true copy of the above Motion for Hearing Prior to Trial Pursuant to Rule
 705, Texas Rules of Evidence has been hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of Lubbock County, Texas, on the _____ day of ______, 200__.

CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

	O R D E R

	On this day, came on to be heard Defendant's Motion for Hearing Prior to Trial Pursuant to Rule 705, Texas Rules of Evidence, and said motion is hereby (GRANTED) (DENIED), to which action of the Court Defendant duly excepts).

	SIGNED                                                              , 200__.

							JUDGE PRESIDING