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Motion of Defendant for In-Camera Hearing IN THE __________COURT OF (Name of County) STATE OF (Name of State) (Name of Plaintiff) PLAINTIFF VS. CAUSE NO. __________ (Name of Defendant) DEFENDANT Motion of Defendant for In-Camera Hearing Comes now ____________________(Name of Defendant), Defendant, in the above-captioned cause, who, by and through his attorney, and pursuant to _______________________(citation of state statute or rule), as amended, respectively moves this Court to hold an in-camera hearing to determine the relevance of evidence of the alleged victim's past sexual conduct, generally, and to determine whether consent may be an issue. If the Court finds that consent may be an issue, the Defendant further moves the Court to hold an in-camera hearing to establish whether specific prior sexual activity between the victim and any person other than the Defendant shows such a relation to the conduct involved in the case, or tends to establish a pattern of conduct of behavior on the part of the victim, as to be relevant to the issue of consent. 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
(date) (addressees names or contact information) (date and time) of date and time by (date of service) (addressee contact information) of this document and by (date of service) (addressees name or contact information) of this document. (name of plaintiff) the undersigned in his proper name to a judge of (date) the court, in the (name of county) state of (name of state) defendant's motion comes now (name of defendant) defendant motion of defendant for in-camera hearing comes hereto, in the above-captioned cause, whose named plaintiff is (name of plaintiff) or (names the names of all the plaintiffs, if they be present), plaintiff, by and through his attorney, and pursuant to (citation of state statute or rule), as amended, respectively, moves this court to hold an in-camera hearing to determine the relevance of evidence of the alleged victim's past sexual conduct, generally, and to determine whether consent may be an issue, the parties have stipulated to the following: defendant:, defendant, by and through his attorney, and pursuant to (citation of state statute or rule), as amended, respectively, moves this court in the above-captioned cause to hold an in-camera hearing to determine the relevance of evidence of the alleged victim's sexual conduct that may be relevant to the issue of consent and to determine whether consent may be an issue, the evidence is submitted that the alleged victim was sexually abused by his biological father as a minor from the time he was two years old until he was sixteen years old (“the alleged victim"). This alleged victim was abused by his biological father for approximately three years prior to the alleged victim becoming sixteen years old (“the alleged victim's alleged past sexual misconduct (past sexual behavior)”), which alleged past sexual misconduct included (a) exposure to the genital area of an adult male subject engaged in sexual conduct with another adult female subject in a motel; (b) exposure of an adult male subject engaged in sexual conduct with another adult female subject, resulting in the exposure of her breast to an adult male subject in a motel and causing her breast to bleed; and (c) touching the sexual or genital parts of an adult female subject engaged in sexual conduct with another adult male subject and causing the touching to be a touching of.