MOTION IN LIMINE TO PRECLUDE WITNESS FROM TESTIFYING

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
_______________ COUNTY _____________ COURT DIVISION
STATE OF NORTH CAROLINA

v. MOTION IN LIMINE TO PRECLUDE WITNESS FROM TESTIFYING
_________________________,
Defendant.

NOW COMES the Defendant, by and through undersigned counsel, and respectfully

requests this Court pursuant the 5th, 6th, 8th, 9th, and 14th Amendments to the United States

Constitution; Article I, §§18, 19, 23, 27, and 36 of the North Carolina Constitution; N.C.G.S.

§8C-1, Rule 601, 602, and 603; and other applicable law, to preclude _________ from

testifying at any proceeding relating to the above captioned matter. In support of the motion the

defendant shows the following:

1. The date of this alleged offense is _________________________.
2. One witness the defendant anticipates the state will call is ___________________.
3. _____________ was ____ years old at the time of the incident.
4. _______________ has been living with _______________ since the date of the alleged
incident.
5. ___________________ is not a competent witness.

WHEREFORE, the Defendant respectfully requests that the Court Order that the
__________________ be precluded from testifying in the above captioned matter; or,

alternatively, without waiving any other relief requested herein, that the Court Order a voir dire

hearing, outside the presence of the jury, to determine the competency of the witness; and for

such other and further relief as this Court deems just and proper.

Respectfully submitted the ___________day of ____________, 20__________.

____________________________
Marcus E. Hill, Attorney at Law
311 East Main Street
Durham, North Carolina 27701
(919) 688-1941

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
____________ COUNTY SUPERIOR COURT DIVISION
FILE NO. ___________________
STATE OF NORTH CAROLINA

V.

___________________________,
Defendant.

____________________________________________________________________________

I do hereby certify that a copy of the foregoing Motion in Limine to Preclude

______________ from testifying was personally served upon the State of North Carolina by

having a copy hand-delivered to the District Attorney's Office _________________________.

 

This the ____________day of ________, 20______.


_____________________________
Marcus E. Hill, Attorney at Law
311 E. Main St.
Durham, NC 27701
(919) 688-1941

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