CASE: _________________

 

Now comes Name:           Defendant’s name          , hereinafter referred to as “Defendant” in the above styled case and challenges the subject matter jurisdiction of this court as follows:

 

Motion to Show Indictment

Defendant moves the court to order the prosecution to produce the indictment in the instant case as referenced by Texas Constitution Article IV Section 17 which reads as follows:

Section 17 - TERMS OF COUNTY COURT; PROSECUTIONS; JURIES

The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. (Amended Nov. 5, 1985, and Nov. 6, 2001.) (emphasis added)

Subject Matter Jurisdiction Challenge

In the event of a failure on the part of the prosecution to produce an indictment, Defendant moves the court to dismiss the intant case for lack of subject matter jurisdiction.

Respectfully submitted,

Respectfully,

_________________________

Name: ___________________

Address: _________________

City: ________________ St: ______ Zip ______

 

 

CASE: _________________

 

ORDER

This, the ______day of __________________, 202_ the foregoing motion having been presented and heard by the Court, it is hereby ORDERED that:

All relief requested is hereby granted.

__________________________

Judge Presiding

The relief requested is granted in part as follows:

____________________________________________________________

____________________________________________________________

____________________________________________________________

__________________________

Judge Presiding

All relief requested is DENIED, to which action Defendant excepts.

__________________________

Judge Presiding

VERIFICATION

I,  Name: ___________________ do swear and affirm that all statements made herein are true and accurate, in all respects, to the best of my knowledge.  

 

Respectfully,

_________________________

Name: ___________________

Address: _________________

City: ________________ St: ______ Zip ______

 

The Person above, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this document and acknowledged to me that he/she executed the same in his authorized capacity and that by his signature on this instrument who is the person who executed this instrument.

 

I certify under PENALTY OF PERJURY under the laws of this State that the foregoing paragraph is true and correct.

Witness my hand and official seal.

_________________________________________ __________________________

NOTARY PUBLIC IN AND FOR Notary Seal

THE STATE OF TEXAS

 

CERTIFICATE OF SERVICE

I,  Name: ___________________, hereby certify that a true and correct copy of above and foregoing has been delivered to ___________________________________________________,  on this the ___ day of _____________ 202_ by certified mail (Certified Mail Receipt # _____ _____ _____ _____ _____), in accordance with the rules governing same.

Respectfully,

_________________________

Name: ___________________

Address: _________________

City: ________________ St: ______ Zip ______