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IN THE ___________COURT OF________________ (County), ______________
(State) _____________________ PLAINTIFF(Name of State)V.CAUSE NO. _____,__________________________ DEFENDANT (Name of Defendant) Motion for Judgment of Acquittal Comes now Defendant, _______________________ (Name of Defendant) , by
and through counsel, and respectfully moves this Court to set aside the verdict of guilty
returned against Defendant on ___________________ (date), and to order the entry of
a Judgment of acquittal of any offense charged in the indictment against Defendant, in
accordance with the Motion and Supplementary Motion for Judgment of Acquittal made
by Defendant at the close of all the evidence, or, in the alternative, Defendant moves
this Court to set aside the verdict of guilty returned against Defendant on
________________ (date), and grant Defendant a new trial, for the following reasons:1. The verdict is contrary to the weight of the evidence.2. The verdict is not supported by substantial evidence.3. The Court erred in denying Defendant's Motion to dismiss the indictment.4. The Court erred in denying Defendant's Motion to strike parts of the
indictment.5. The Court erred in denying Defendant's Motion for a bill of particulars.6. The Court erred in denying Defendant's Motion to dismiss the indictment
or, in the alternative, to continue the trial.7. The Court erred in denying Defendant's renewal of his Motion to dismiss
the indictment or, in the alternative, to continue the trial.8. Defendant was deprived of a fair trial, and was substantially prejudiced by
the pretrial activities of the county district attorney and the attendant
publicity, and by the pretrial and trial publicity carried in the press and on
radio and television.9. The Court erred in denying Defendant's Motion for judgment of acquittal
made on the basis of the prosecutor's opening statement.
10. The Court erred in denying Defendant's Motion and supplementary Motion
for judgment of acquittal made at the close of all the evidence.11. The Court erred in admitting testimony of the witness,
______________________ (name of witness), to which objections were
made.12. The Court erred in refusing to add to its instructions to the jury, concerning
the law of evidence as it relates to the charge of a conspiracy, an
instruction that the only conspiracy proper for the consideration of the jury
was a conspiracy to defraud the People of __________________ (name
of state).13. The Court erred in reading to the jury parts of the transcript of
_____________________ (name of witness) 's testimony, after the jury
interrupted its deliberations to request the reading of parts of that
testimony.14. The Court erred in instructing the jury that testimony of the witness,
____________________ (name of witness), would be received on the
assumption that it would be tied in with Defendant.15. As a matter of law there was reasonable doubt as to Defendant's guilt. This Motion is based on the attached Memorandum of points and authorities, on
all the files and records in this case, and any evidence that may be produced at the
hearing.
Respectfully submitted,
_________________________ (Name of Defendant)By:______________________(Printed Name of Attorney)_________________________(Signature of Attorney)Defendant’s AttorneyState Bar No. ____________
Certificate of Service This is to certify that I, ____________________ (Name of Attorney), attorney
for Defendant ________________________ (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 No. or Street Address)___________________________________ (City, State, Zip Code) This the ____day of ________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney)________________________(Signature of Attorney)Defendant’s AttorneyState Bar No. ____________OF COUNSEL: ______________________(Name of Attorney)_____________________________(Post Office Box or Street Address)__________________________(City, State, Zip Code)Telephone: __________________ Notice of Motion for Judgment of Acquittal You are notified that on ___________________ (date), at __________ (time), or
as soon thereafter as counsel can be heard, in Courtroom ________ of the
_____________Court for ______________ County, ________________ (State), at the
_______________ (County) Courthouse at _________________
_________________________________________________ (street address, city,
county, state, zip code), Defendant _______________________ (Name of
Defendant), by and through his attorney, will bring on for hearing his Motion For
Judgment of Acquittal for the reasons stated in the above Motion.
Respectfully Submitted,________________________
(Printed Name of Attorney) ________________________(Signature of Attorney)Defendant’s AttorneyState Bar No. ____________OF COUNSEL: ___________________(Name of Attorney)___________________________(Post Office Box or Street Address)__________________________(City, State, Zip Code)Telephone: _______________
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The best way to complete and sign your motionfor judgment of acquittal form
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