Sample motion to disclose confidential informant for California

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This sample motion to disclose confidential informant in California is used to request that the Court order that the identity of a confidential informant on the grounds that the informant is a material witness in that they were a participant in the crime and an eyewitness to it so they can testify regarding defendant’s guilt or innocence. The sample on which this preview is based
is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.

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Sample motion to disclose confidential informant for California

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Defendant Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Defendant Superior Court of the State of California For the County of _________________ The People of the State of California, Plaintiff, vs. Any Defendant Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO DISCLOSE CONFIDENTIAL INFORMANT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ________ DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 250 sample legal documents for California and Federal litigation sold by LegalDocsPro visit http://www.scribd.com/LegalDocsPro/documents - 1 - NOTICE OF MOTION AND MOTION TO DISCLOSE CONFIDENTIAL INFORMANT
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove this notice and all other notices before using this document. 1TO THE DISTRICT ATTORNEY OF THE COUNTY OF ____________________: PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as the matter may be heard in Department ___of the above entitled court, located at ____________________________________________, Defendant __________ will and hereby does move this Court to disclose the identity of the confidential informant. The motion is made on the grounds that, because the confidential informant was a participant in the crime and an eyewitness to it, he can testify regarding defendant’s guilt or innocence. The motion is made on the basis of this notice, the attached memorandum of points and authorities and declaration of ___________, and exhibits attached thereto, the records and file in this matter, and on such other oral and documentary evidence as may be presented at the hearing of this motion. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Dated________________ _______________________________________________ ANY ATTORNEY OR DEFENDANT - 2 - NOTICE OF MOTION AND MOTION TO DISCLOSE CONFIDENTIAL INFORMANT
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION The below is an example only for illustration and should be modified as to the specific facts of your particular situation. Defendant __________ has been charged with selling __________to a co-defendant, who in turn sold it to a confidential informant. The informant is the only witness who can raise even circumstantial evidence that defendant was involved in a sale. Thus disclosure of the informant is essential not only to providing due process to defendant but to their prosecution as well. According to the police report produced by the District Attorney, __________ police officers were investigating narcotics sales activity at the apartment complex at _________________ in _______________. The police contacted the informant, who agreed to attempt to buy $________ worth of __________ from a person named _______at that address. They gave him marked bills for that purpose and searched him to ensure he had no contraband. After calling _____________, the informant approached the front of the complex, and co- defendant _________ flagged him down. The two walked to the corner of _________ and __________. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/221702658/Sample-Motion-to-Disclose- Confidential-Informant-for-California - 3 - NOTICE OF MOTION AND MOTION TO DISCLOSE CONFIDENTIAL INFORMANT

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