CAUSE NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE ___________COURT
§
§	OF
§
§	_____________COUNTY, TEXAS

MOTION FOR A HEARING TO TEST QUALIFICATION
OF PROSECUTION'S CHARACTER AND REPUTATION WITNESSES

TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW,  Defendant in the above-styled and -numbered cause, by and through his undersigned attorney of record, and prior to the testimony of the character witness to be presented by the prosecution in its attempt to impeach the Defendant's character and reputation, moves the Court to allow him a hearing out of the presence of the jury to test the qualifications of the prosecution's character witnesses to express their opinion as to the Defendant's reputation before such witnesses testify before the jury at the guilt or punishment stage on the issue of the Defendant's character and reputation, and in support of this motion, the Defendant would show unto the Court as follows:
I
	The Defendant believes that when the Defendant places his character in issue, the prosecution will offer the testimony as to the reputation of the Defendant.
I I
	The Defendant believes that the prosecution will offer testimony as to the reputation of the Defendant at the hearing on punishment.

I I I
	If reputation witnesses of the prosecution are permitted to first give their opinion as to the reputation of the Defendant before the jury, and it is then determined on cross-examination that such witnesses were not qualified to render such opinion, the harm and prejudice to the Defendant could not be cured by an instruction to disregard.
	WHEREFORE, the Defendant prays that prior to the testimony of such witnesses, the Court grant a hearing outside the presence of the jury wherein the Defendant will be permitted to test the qualification of the prosecution's witnesses before such witnesses testify as to the Defendant's reputation.

Respectfully submitted,

By:                                                                   

CERTIFICATE OF SERVICE
	This is to certify that a true and correct copy of the above and foregoing was hand-delivered or mailed, postage prepaid, to the CrimDA/CtyAtty of _______________ County, Texas on the ____ day of ________, 200____.

                                                                      

CAUSE NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE _________COURT
§
§	OF
§
§	____________ COUNTY, TEXAS

O R D E R

	On this day, came on to be heard the Motion for a Hearing to Test Qualification of Prosecution's Character and Reputation Witnesses and it is in all things (GRANTED) (DENIED), to which action of the Court Defendant duly excepts).

	SIGNED                                                              , 200__.

							JUDGE PRESIDING