CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

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

MOTION TO REQUIRE DISCLOSURE OF
CONFIDENTIAL INFORMERS IDENTITY

TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW, JOHN DOE, Defendant in the above styled and numbered cause, and moves the Court to instruct the District Attorney to reveal the true name and present location of the informer upon whose information law enforcement officers arrested the Defendant herein and as grounds therefore would show the Court as follows:
-1-
	That the informer in this cause participated in the commission of the alleged offense.
-2-
	That the informer was present at the time of the offense charged against the Defendant.
-3-
	That the informer is a material witness on the issue of the Defendant's guilt or innocence in this cause.
-4-
	That the informer is a material witness on the issue of the existence of entrapment as a matter of law and/or fact.

-5-
	The informer's identity is necessary to the presentation in that the law enforcement officers did not rely upon credible information supplied by a reliable informer.
-6-
	That in the event the Defendant herein is determined to be guilty of the offense charged, testimony of the informer is material to the defense as to the degree and extent of the Defendant's guilt of the offense of __________________ and therefore relevant to a proper decision as to the proper punishment to be set in this cause, particularly because of the extent of the involvement and participation of the informer with the co-defendants and co-conspirators.
-7-
	The identity, address and present location of said informer is not privileged information, as same is material to the defense on the issues of both guilty or innocence of the Defendant and punishment, if the Defendant is determined to be guilty of the offense charged.
-8-
	That the Defendant's request herein is reasonable and that the District Attorney has always been in possession of said information and can readily furnish same to the Defendant but has always failed and refused to do so notwithstanding previous requests for said information.
-9-
	That the Defendant does not actually know the true identity or the address or present location of said informer nor through the exercise of reasonable diligence could the Defendant learn the identity, address and present location of said informer.
-10-

	That to deprive the Defendant of the identity, address and present location of said informer will deny the Defendant the right to present said informer as a witness in the Defendant's behalf during the hearing on guilt-innocence in order to establish the Defendant's innocence and therefore will deprive the Defendant of the right to present witnesses in Defendant's favor.
-11-
	That to deprive the Defendant of the identity, address and present location of the informer will deny the Defendant of the right to present said informer as a witness in the Defendant's behalf during the hearing on punishment, in the event the Defendant is found guilty of the offense charged, and will thus deny the Defendant the right to present witnesses in Defendant's favor.
-12-
	That the Defendant is deprived of the identity, address and present location of said informer, the Defendant's rights under the Fifth, Fourth, and Fourteenth Amendments of the United States Constitution, Article 1, Section 19 of the Constitution of the State of Texas and Article 1.04, C.C.P., will be violated.
	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays this Honorable Court will instruct the District Attorney to reveal the true identity, address and present location of said informer in this cause in order to permit the Defendant to apply for a subpoena to secure his attendance at trial.

Respectfully submitted,

By:                                                                 

CERTIFICATE OF SERVICE
	I hereby certify that a true and correct copy of the foregoing Defendant's Motion to Require Disclosure of Confidential Informers Identity was mailed, postage prepaid, or hand-delivered on the _____ day of _____, 200__, to the____________Attorney of ____________ County, Texas.

CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

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

	O R D E R

	On this day, came on to be heard the Defendant's Motion to Require Disclosure of Confidential Informers Identity, address and present location, and the Court having heard evidence thereon and enters the following orders:
	IT IS ORDERED, ADJUDGED AND DECREED by the Court that the_____________ is / is not to immediately disclose the identity, address and present location of the confidential informer to the Defendant, as the testimony of the confidential informer is/is not relevant and material to the issue of the Defendant's guilt or innocence, and as the testimony of the confidential informer is / is not relevant and material to the Defendant's punishment, in the event the Defendant is found guilty.
	SIGNED                                                          , 200__.

							                                                             
							JUDGE PRESIDING