STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
_______________ COUNTY _____________ COURT DIVISION
STATE OF NORTH CAROLINA
v. MOTION IN LIMINE TO PRECLUDE WITNESS FROM TESTIFYING
_________________________,
Defendant.
NOW COMES the Defendant, by and through undersigned counsel, and respectfully
requests this Court pursuant the 5th, 6th, 8th, 9th, and 14th Amendments to the United States
Constitution; Article I, §§18, 19, 23, 27, and 36 of the North Carolina Constitution; N.C.G.S.
§8C-1, Rule 601, 602, and 603; and other applicable law, to preclude _________ from
testifying at any proceeding relating to the above captioned matter. In support of the motion the
defendant shows the following:
1. The date of this alleged offense is _________________________.
2. One witness the defendant anticipates the state will call is ___________________.
3. _____________ was ____ years old at the time of the incident.
4. _______________ has been living with _______________ since the date of the alleged
incident.
5. ___________________ is not a competent witness.
WHEREFORE, the Defendant respectfully requests that the Court Order that the
__________________ be precluded from testifying in the above captioned matter; or,
alternatively, without waiving any other relief requested herein, that the Court Order a voir dire
hearing, outside the presence of the jury, to determine the competency of the witness; and for
such other and further relief as this Court deems just and proper.
Respectfully submitted the ___________day of ____________, 20__________.
____________________________
Marcus E. Hill, Attorney at Law
311 East Main Street
Durham, North Carolina 27701
(919) 688-1941
NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
____________ COUNTY SUPERIOR COURT DIVISION
FILE NO. ___________________
STATE OF NORTH CAROLINA
V.
___________________________,
Defendant.
____________________________________________________________________________
I do hereby certify that a copy of the foregoing Motion in Limine to Preclude
______________ from testifying was personally served upon the State of North Carolina by
having a copy hand-delivered to the District Attorney's Office _________________________.
This the ____________day of ________, 20______.
_____________________________
Marcus E. Hill, Attorney at Law
311 E. Main St.
Durham, NC 27701
(919) 688-1941