CAUSE NO. 

THE STATE OF TEXAS

VS.

DEFENDANT

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

MOTION IN LIMINE (TRIAL CONDUCT)

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW, Defendant in the above-styled and numbered cause, by and through his attorney of record, and makes and files this Motion in Limine (Trial Conduct) and in support of said motion would show the Court as follows:
	The Defendant would respectfully request this Court to instruct the State that in the trial of this cause the prosecution be instructed to refrain from the following acts:
	(1)	Possession of weapons such as revolvers or other firearms within the courtroom either on the person of the prosecutor or inside a briefcase of such other item.
	(2)	Display of any type of law enforcement badge or any other similar items that tend to associate the lawyers for the government with any law enforcement agency.
	(3)	Asking leading questions of prosecution witnesses on direct examination.  A leading question is defined as a question which puts words into a witness' mouth to be echoed back, one which instructs the witness how to answer, or one which suggests to the witness the desired answer.
	(4)	Engaging in the practice of making side-bar remarks.  "Side-bar" remarks describe
remarks of counsel that are neither questions to a witness nor an appropriate address to the court.
	(5)	Engaging in distracting practices, such as bouncing a rubber ball in the courtroom, or throwing pencils or chalk.
	(6)	Violating local rules regarding the examination of witnesses.  Rule 6.26 of the
Local Administrative Rules of the District Courts and County Courts-at-Law of______________ County provides as follows:
		(a)	Examination of witnesses shall normally be made from counsel table.  If the witness is to be examined about certain physical evidence, the counsel may approach the witness.
(b)	No physical evidence shall be handed to the jury without consent of the trial judge...	
	(7)	Making improper objections that signal the desired response from the witness.  For 
example, the statement, "Objection, unless she knows" is not an objection reasonably calculated to notify the Court of a violation of the Rules of Evidence.
	(8)	Making improper objections relating to impeachment by prior inconsistent statement. 
 Rule 612 of the Rules of Criminal Evidence specifically provides that the prior inconsistent statement need not be shown to the witness.  Any attempt, in the presence of the jury, to suggest that "fairness" requires that the witness be allowed to inspect the writing prior to impeachment is in violation of Rule 612.
	WHEREFORE, PREMISES CONSIDERED,  the Defendant respectfully requests this Honorable Court to grant this Motion in Limine and to instruct the Prosecution in accordance with this Court's ruling on this motion.

Respectfully submitted, 

By:  ______________________________________

CERTIFICATE OF SERVICE

	I hereby certify that a true copy of the foregoing Motion in Limine (Trial Conduct) was hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of _______________ County, Texas on the ____ day of ______, 200__.

___________________________________________

CAUSE NO.  

THE STATE OF TEXAS

VS.

§	IN THE 
§
§	OF
§
§	 COUNTY, TEXAS

ORDER

	On this day came on to be heard Defendant's Motion in Limine (Trial Conduct) and the Court having considered said Motion, the following ORDER is hereby made relative to each paragraph of said Motion in Limine:

		Granted or Denied

Paragraph 1:	_________ (granted)  _________ (denied)

Paragraph 2: 	_________ (granted)  _________ (denied)

Paragraph 3:	_________ (granted)  _________ (denied) 

Paragraph 4:	_________ (granted)  _________ (denied)

Paragraph 5:	_________ (granted)  _________ (denied)

Paragraph 6:	_________ (granted)  _________ (denied)

Paragraph 7:	_________ (granted)  _________ (denied)

Paragraph 8:	_________ (granted)  _________ (denied)

	SIGNED this _____ day of .

							____________________________________
							Judge Presiding