CAUSE NO.. __________

STATE OF TEXAS					§	IN THE _______________ COURT
							§
V.							§	______________COUNTY, TEXAS
							§
[DEFENDANT]					§	________TH JUDICIAL DISTRICT

MOTION FOR LIST OF STATE'S WITNESSES PRIOR TO TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW __________________, Defendant in the above styled and numbered cause, by and through his attorneys of record, and respectfully moves the Court for an order directing the attorney for the prosecution to furnish the Defendant, prior to trial, a list containing the names, addresses and telephone numbers of all persons the prosecution intends to call as witnesses in the trial of this cause.  In support of this request the Defendant would show the court as follows:
	1.	In preparing the present information/indictment/complaint, the attorney representing the State failed to endorse thereon the names of the witnesses on whose testimony the allegations contained in the information/indictment/complaint are based;
	2.	Article 20.20 of the Texas Code of Criminal Procedure requires the attorney who prepares an indictment for the State to endorse thereon the names of the witnesses on whose testimony the indictment is based;
	3.	“Notice of the State’s witnesses shall be given upon request.”  Young v. State, 547 S.W.2d 23, 27 (Tex. Crim. App. 1977); Martinez v. State, 867 S.W.2d 30, 39 (Tex. Crim. App. 1993).  This court has authority to compel the State's attorney to endorse the names of such witnesses upon the information/indictment/complaint or to compel the State's attorney to furnish Defendant with a list of said witnesses.  Jenkins v. State, 468 S.W.2d 432 (Tex. Crim. App. 1971); Mullins v. State, 425 S.W.2d 354 (Tex. Crim.  App. 1968);
	4.	To deny Defendant the opportunity to investigate the factual allegations against him by denying access to those persons who have information concerning those allegations would be a denial of due process of law and a denial of Defendant's right to effective assistance of counsel as guaranteed by the 5th, 6th and 14th Amendments of the United States Constitution, Article 1, Sections 10 and 19 of the Texas Constitution and Article 1.04 of the Texas Code of Criminal Procedure;
	5.	Effective confrontation and cross examination of witnesses against the Defendant can be accomplished only if the identity of these witnesses is known in advance of trial, thus enabling the Defendant to conduct the out of court investigation necessary to obtain information which might shed light on the witnesses' credibility.  Failure to grant the Defendant's motion would deprive him of rights secured by the 6th and 14th Amendments to the United States Constitution, Article 1, Section 10 of the Texas Constitution and Article 1.05 of the Texas Code of Criminal Procedure. 

	WHEREFORE, the Defendant prays that the court order the attorney for the prosecution, prior to trial, to furnish defense counsel with a list of the names, addresses and telephone numbers of all persons who the prosecution intends to call as witnesses in this case.

							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 for List of States 
Witnesses Prior to Trial was served upon the attorney for the State on _______________________, 
200___.

							____________________________________
							Attorney for Defendant

CAUSE NO.. __________

STATE OF TEXAS					§	IN THE _______________ COURT
							§
V.							§	______________COUNTY, TEXAS
							§
[DEFENDANT]					§	________TH JUDICIAL DISTRICT

ORDER ON DEFENDANT’S MOTION FOR LIST OF STATE'S WITNESSES PRIOR TO TRIAL

	On this date came the foregoing Motion For List of State's Witnesses Prior to Trial was heard, and the Court, having considered the motion and argument of counsel, it is hereby:  

__________ GRANTED, and the attorney for the State is ordered to furnish the attorney for the Defendant with a list of the names, addresses and telephone numbers of the state's witnesses on or before the _____ day of __________, 200___.

__________ DENIED, to which the Defendant duly excepts.

						SIGNED on ________________________, 200___.

						____________________________________
						JUDGE PRESIDING