NON TESTIMONIAL EVIDENCE MOTION AND AFFIDAVIT

NORTH CAROLINA
________ COUNTY

     STATE OF NORTH CAROLINA

     vs.

     _______________,
     Defendant
 
     File No.
                             
     MOTION FOR NONTESTIMONIAL IDENTIFICATION     


NOW COMES the Defendant, _____________l, by and through his Attorney of Record, pursuant to G. S. 15A-281, and moves the Court for an order to allow nontestimonial identification procedures to be conducted on himself , and in support thereof, respectfully shows unto the Court as follows:
1. That the Defendant is charges with Felony Obtaining Property by False Pretense and Misdemeanor Financial Card Fraud.
2. The basis for the charges are that the signatures on the receipts were in fact signed by the Defendant.
3. That the results of the nontestimonial identification procedures will be of material aid in the determining whether the Defendant committed the alleged offenses.  

 WHEREFORE, Defendant prays and  moves the Court as follows:
1. To issue an order pursuant to G.S. 15A-281 for the State to conduct the nontestimonial procedure.


This the ________ day of _________, 20____.
______________________
Attorney for Defendant                              


CERTIFICATE OF SERVICE

I, __________ (Attorney), do hereby certify that the foregoing MOTION FOR NONTESTIMONIAL IDENTIFICATION was personally served upon the State of North Carolina by hand delivering a copy of same to the Office of the District Attorney, __________ County Courthouse, _______, North Carolina

This the ________ day of ___________, 20______.

_________________________
Attorney for Defendant



STATE OF NORTH CAROLINA

vs.

_____________________,
Defendant

File No.                  

ORDER
Upon Motion of the Defendant Pursuant to G.S. 15A-281, the Court hereby Orders the following:
1.  That the State must conduct the Nontestimonial Procedure upon the defendant to determine whether the signatures on the receipts are in fact that of the Defendant.
This the ________  day of ___________, 20____.


______________________________
Judge Presiding