Fill and Sign the Exhibit 61 Motion to Dismiss Complaint State of Form

1 IN THE ___________COURT OF _____________ (County), _______________ (State) _______________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _______,_______ _______________________ DEFENDANT (Name of Defendant) MOTION IN LIMINE COMES NOW, the Defendant above, by and through this attorney of record in the above styled matter and moves this Court to order the State of ______________ (Name of State), the District Attorney, and his assistant prosecutors to refrain from allowing a lay witness to testify beyond the scope of what the law allows a lay witness to testify. The State has listed as witnesses in this case certain “lay” witnesses who should be prohibited from testifying beyond the scope of what the law allows a lay witness to testify. Said witnesses are __________________________________________________ (Names). WHERFORE, the Defendant respectfully requests this Court to exercise its discretion and issue an order absolutely prohibiting the District Attorney and his assistant prosecutors from allowing any of said lay witnesses to testify beyond the scope of what the law allows a lay witness to testify. Respectfully Submitted, _________________________ (Name of Defendant) By ________________________ (Printed Name of Attorney) __________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ________ OF COUNSEL: ______________________ (Name of Attorney) Post Office Box ________-__________ ___________________________________ City, State, Zip Code Telephone: _______-______-_________ 2 Certificate of Service This is to certify that I, _______________________ (Name of Attorney), attorney for Plaintiff _____________________ (Name of Defendant), have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State _________________________ (Name of Attorney) Post Office Box _______________ __________________________________ City, State, Zip Code This the ____day of __________________, 20_____. Respectfully Submitted, __________________________ (Name of Defendant) By ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney)