Cause No. __________

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

MOTION IN LIMINE NO. _____
(EXTRANEOUS OFFENSES, WRONGS OR ACTS)

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above styled and numbered cause and respectfully requests this honorable Court to instruct the prosecution not to mention, allude to, or refer to, directly or indirectly, during any stage of this trial, including but not limited to the voir dire examination, opening statements, and the direct and cross-examination of any witness, or at sentencing, the fact that the Defendant herein may have engaged in any extraneous offense, wrong or act before, during or after the commission of the offense alleged in the indictment, until such time as a hearing has been conducted out of the hearing of the jury to determine the admissibility of any such testimony.  In an effort to avoid prejudice by the jury and abuse of discretion by the court, Defendant urges this motion in limine.  
	
	The Defendant urges the extraneous offense is inadmissible because it is not fundamentally relevant to prove a fact of determination in the instant cause of action.  Tex. R. Evid. 401. (Expand based on your case.)  In addition, the evidence is irrelevant because it has no purpose other than to show criminal propensity.  Tex. R. Evid.  404(b).  (Expand based on your case.) And further, 
evidence concerning the extraneous offense is inadmissible because the unfair prejudice substantially outweighs the probative value.  Tex. R. Evid. 403. (Expand based on your case.) 

	The Defendant further requests that this Court instruct the prosecution to advise the Court prior to eliciting any such testimony in order for the Court to excuse the jury and conduct a hearing outside the presence of the jury, without the necessity of counsel for the Defendant having to object to said testimony and request that the hearing be held outside the presence of the jury.

	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the 
Court will grant this his/her Motion In Limine No. ___.

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 in Limine No. ___ (Extraneous Offenses, Wrongs or Acts) 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

On this the _____ day of __________________, 200___, came on to be heard the 
Defendant's Motion In Limine No. ___ (Extraneous Offenses, Wrongs or Acts).  The motion is hereby GRANTED and the prosecution is ordered to advise the Court prior to eliciting evidence of any extraneous offense, wrong or act allegedly engaged in by the Defendant, so that a hearing can be conducted outside the presence of the jury to determine the admissibility of said testimony.  This order applies to the guilt/innocence phase and the sentencing phase, if necessary, of the trial of this case.

SIGNED this _____ day of ________________________, 200___.

_________________________________
JUDGE PRESIDING