Cause No. __________

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

DEFENDANT'S MOTION TO REQUIRE THE PROSECUTION 
TO REVEAL ANY AGREEMENT WITH A WITNESS THAT COULD INFLUENCE HIS TESTIMONY

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above entitled and numbered, cause by and 
through his attorney of record and moves the Court to require the prosecution to reveal any agreement with any witness in the nature of concessions by the State of Texas to the witness which could influence the witness' testimony.  If the prosecution has either made, promised or implied that it will make concessions to the witness in order to induce his testimony, the defense has a right to 
know the nature of the concessions that have been made, promised or implied to the witness and any discussions which the prosecution has had with the witness or his representatives in order to prove that the witness' testimony was biased by such discussions.  Without disclosure defense counsel can only speculate that the concessions probably involved either pending or future charges against the witness or payment of money.  The disclosure is vital to proof on the issue of credibility.  To deny disclosure of information which could influence the witness' testimony violates the accused's right to due process of law as guaranteed by the 5th and 14th Amendments of the United States Constitution and due course of law as guaranteed by Article I, Sec. 10 of the Texas Constitution.  Giglio v. United States, 405 U.S. 150, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972). 

	WHEREFORE, PREMISES CONSIDERED, the Defendant prays that the Court issue an 
order requiring the prosecutor to reveal the exact nature of all negotiations and discussions with any witness or his representatives concerning any promises or expectations, express or implied, of concessions which could or might be expected to occur in the event that the witness cooperates with the prosecution by testifying against the Defendant.

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 Defendant's Motion to Require the Prosecution to Reveal Any Agreement with a Witness That Could Influence His Testimony 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 Defendant's motion to reveal any agreements made by the Prosecution with any witness in this case.  Having considered the motion and the argument of counsel, the motion is GRANTED.  The Prosecution is ordered to reveal to Defense counsel, at the time of the entry of this Order or as soon thereafter as possible, but prior to the trial of this cause, all negotiations and discussion with any witness in this case against the Defendant regarding any promise, expectation or concession, expressed or implied, that might inure to the benefit of the witness in regard to his testimony or participation in this case.

IT IS SO ORDERED.

SIGNED on the _________ day of _________________________, 200___.

________________________________ 
JUDGE PRESIDING