Cause No. __________

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

MOTION IN LIMINE NO. ___
(REGARDING MATTERS NOT WITHIN PERSONAL KNOWLEDGE OF A WITNESS)

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 State’s witnesses or require the prosecution to instruct its witnesses not to provide testimony on any matter about which the witness does not have personal knowledge until such time as a hearing has been conducted out of the hearing of the jury to, determine the admissibility of any such testimony.  This motion is intended to include, but not be limited to a witness’ testimony as to the intent, thoughts, or state of mind of another; the results of scientific tests by a witness not an expert; the content of scientific treatises by a person not an expert; the reliability or meaning of scientific tests by a person not qualified as an expert; and hearsay not subject to an exception.

(Expand using cases and law applicable to the facts of your case to negate admissibility.)

	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 this 
honorable Court will grant this his 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. ___ (Regarding Matters Not Within Personal Knowledge of a Witness) 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 ____________________, 20____, came on to be heard the 
Defendant's Motion In Limine No. ___ and the same is hereby GRANTED and the prosecution is ordered to inform any of its witnesses not to testify to any matter outside the witnesses’ personal knowledge and the prosecution is ordered to advise the Court prior to eliciting any testimony outside the personal knowledge of the witness until a hearing can be conducted outside the presence of the jury to determine the admissibility of said testimony.

SIGNED this _____ day of _____________________, 2000.

____________________________________
JUDGE PRESIDING