NO. [Cause Number] THE STATE OF TEXAS VS. [DEFENDANT NAME] DEFENDANT ) ) ) ) ) ) ) IN THE DISTRICT COURT [ TH] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS
MOTION TO TAKE TESTIMONY OF CHILD VICTIM This motion to take testimony of child victim is made by the State and shows: 1. Statutory Basis 1.1 This motion is made pursuant to Tex. Code Crim. Proc. art. 38.071. 2. Defendant and Offense Charged 2.1 [Defendant Name] is charged with the offense of [Offense Charged], the degree of which is
first degree felony. Furthermore, the offense is one in which the alleged victim is a child and is a prosecution under a Penal Code offense listed in article 38.071: Section 21.11 (Indecency with a Child) Section 22.011 (Sexual Assault) Section 22.02 (Aggravated Assault) Section 22.021(Aggravated Sexual Assault) Section 22.04(e) (Injury to a Child, Elderly Individual or Disabled Individual) Section 22.04(f) (Injury to a Child, Elderly Individual, or Disabled Individual), if the conduct is committed intentionally or knowingly Section 25.02 (Prohibited Sexual Conduct) Section 43.25 (Sexual Performance of a Child). 3. Request for Child Testimony 3.1 Movant requests that the testimony of the child victim be taken in a room other than the
courtroom and that the testimony be televised in the courtroom by closed circuit equipment to be viewed by the court and the finder of fact. 4. Request for Persons to be Present
4.1
Movant further requests that the only persons present during the child's testimony will be the
judge, the court reporter, attorneys for each party, persons necessary to operate the equipment and any person whose presence will contribute to the welfare and well-being of the child. 5. Request Limited Questioners 5.1 Movant further proposes that the Court order, in accordance with the Code, that only the
attorneys and the judge may question the child and that, to the extent possible, the operator of the equipment be confined to an adjacent room or behind a screen or mirror that prevents the child from seeing or hearing the operator. 6. Request for Defendant to Observe and Hear 6.1 Movant further proposes that the Court allow [Defendant Name] to observe and hear the
testimony of the child and to communicate contemporaneously with counsel during periods of recess or by audio contact, but the Court should ensure that the child cannot see or hear [Defendant Name]. 7. Request Permission to Confer 7.1 Movant further requests that the Court permit counsel for [Defendant Name] to confer with Movant requests that the court, upon
[Defendant Name] during cross-examination of the child.
application during the testimony, permit a brief recess before or during cross-examination of the child to permit [Defendant Name] a conference with counsel. Prayer Movant prays for the relief requested in this motion. Respectfully Submitted, ______________________________ [Law Firm Name] By ____________________________
______________________________ [Attorney’s Name] Attorney for the State [Attorney’s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]