Pleading Packages

From January 16, 2021 through January 18, 2021, we will be updating pleading packages based on new law.  We have, therefore, turned off the “Buy Now” buttons.  If you see a “Buy Now” button for any package, it means we have finished updating the package and it is again available for sale.  We are probably editing this page as you look at it, so sections may be missing as we update.  Hit refresh to see our progress.  Check back January 19, 2021 or you can call us at 661Justice (661-587-8423) if you have urgent need for pleadings.

If you are a criminal defense attorney or paralegal, you need pleading packages to help you efficiently prepare pleadings to defend your clients.  If you are a defendant, reviewing pleading packages may help you understand the process and may help you assist in your own defense.

The pleadings in the packages sold on this page have been prepared and used by some of the best criminal defense attorneys, including Roger Lampkin, George Boyle, Douglas Moffat, and J. Anthony Bryan.  We have removed personal identifying information, made the pleadings as generic as possible, and formatted the pleadings for consistency.  Most of the pleadings in these packages are found in one or more of the books we have helped write.  The books can be found in bookstores or by clicking here.  These pleadings are sold to the public, but they are primarily designed for attorneys and paralegals.  If you are a criminal defendant, you should seek the advice of an attorney before using any of these pleadings.

These pleadings are for use before trial.  If you are looking for trial motions (Motions in Limine), click here.

General instructions for pleading packages can be found by clicking here.  Keep scrolling or jump to a specific package by clicking one of the jump links:

Discovery  *  Dismissals  *  Sanctions  *  Procedural  *  Third Party  *  Funds  *  Pleas  *  Post Conviction

Discovery Package

Discovery motions are used to obtain evidence and information from the prosecution.  This package includes the following Word documents:

• Informal Request for Discovery – This pleading is used to ask the prosecution to voluntarily provide discovery before formally asking the court to order the prosecution to produce discovery.
• Motion for Bill of Particulars – This motion asks the prosecution to disclose specifically what the defendant is alleged to have done.  Most of the time, the charging document informs the defendant of the allegations, but sometimes the charging document is too ambiguous.
• Motion to Discover Child Exploitation Evidence – The prosecution may refuse to give the defense electronic evidence in child exploitation cases.  This motion asks the court to order disclosure and includes remedies to protect public disclosure.
• Motion for Hearing in Anticipation of Demurrer (Zamora Motion) – This motion is used to get information that may lead to a dismissal, such as evidence that the statute of limitations has run or evidence that an alleged child victim is actually an adult.
• Discovery Motion – This is a catch-all motion asking for a wide range of evidence.
• Motion for Independent Examination of Evidence – This motion can be used have a defense expert examine fingerprint evidence, DNA evidence, blood tests, or any other physical evidence to determine if the prosecution experts made mistakes or misinterpreted evidence.
• Motion to Discover Informant Reliability Records – If the police claim that they based their search on a “Reliable Informant” this motion can be used to get evidence about the informant’s actual reliability.
• Motion to Discover Informant – This motion is used to learn the identity of a police informant.
• Motion for Lineup – At trial, the defendant is easy to identify – he’s the one sitting next to the attorney. This motion is used to conduct a fair lineup before trial.
• Motion to Discover Mental Health Records – A defendant has a limited right to obtain a victim’s mental health records if those records are relevant to the charges or the credibility of the victim.  This motion can be used to help obtain the records.
• Motion to Discover Officer Personnel Records (Pitchess Motion) – An officer’s personnel records may contain complaints of misconduct or dishonesty.  This motion can be used to request access to personnel records.
• Motion for Discovery to Assist at Preliminary Hearing – This motion requests early access to evidence that may help resolve the case at or before the preliminary hearing.
• Motion to Discover Prosecution Agreements – A defendant has the right to know if a witness is receiving compensation or consideration for their testimony.  This motion can help a defendant get access to such agreements.
• Motion to Discover Sealed Affidavit (Hobbs Motion) – If a search warrant is based on a sealed affidavit, this motion can be used to request access to the sealed part of the search warrant request.
• Motion to Discover Evidence of Selective Prosecution – If a defendant is selected for prosecution based on race, sexual preference, national origin, or other improper basis, this motion can be used to request evidence of discrimination.
• Motion to Discover Witness Criminal Records – Often, the prosecution will disclose that a witness has a criminal record but won’t disclose reports or evidence related to the criminal record.  This motion can be used to request those reports along with witness names and contact information.
• More – We add pleadings to the package web pages, but we don’t update this list very often, so you’ll probably receive more pleadings that are on this list.

Buy now for only $30 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Discovery Package.

Dismissal Package

Dismissal motions are used to ask the court to dismiss a charging document, specific charges, or specific enhancements.  This package includes the following Word documents:

• Dismiss for Selective Prosecution – This pleading, also known as a Murgia motion, is used to ask the court to dismiss a prosecution that is based on race, sexual orientation, or some other improper criteria.
• Dismiss for Invasion of Defense Camp – The prosecution is not allowed to interfere with the defense team’s attorney-client relationship.  This pleading is used to ask the court to dismiss a prosecution based on the prosecution’s interception of defense communications or otherwise interfering with the defense.
• Dismiss Under General Statute – The prosecution cannot seek harsher punishment by charging a defendant under a general statute instead of a specific statute.  For example, prosecution for theft is barred by a special statute prohibiting use of false statement to obtain welfare, because any conduct which violated the welfare fraud statute would also constitute a violation of the theft provision of the Penal Code.
• Dismiss for Delay in Prosecution – This pleading asks the court to dismiss charges because the defense has been harmed by delay caused by the prosecution team.
• Demurrer (Lack of Jurisdiction) – This pleading can be used to ask the court to dismiss the charging document because it does not establish that the court has jurisdiction.
• Demurrer (Misjoinder) – This pleading can be used to ask the court to dismiss the charging document because it improperly joins counts.  If granted, the prosecution will generally refile the matter as separate cases, but the refiled charges by be barred by the statute of limitations or other rules.
• Demurrer (Inadequate Notice) – The prosecution must give a defendant adequate notice of the charges against him.  This pleading can be used to ask the court to dismiss because notice is inadequate.
• Demurrer (Prosecution Admission) – This pleading can be used to ask the court to dismiss because the prosecution has made an admission that the charges are barred.  For example, the prosecution charges a defendant with cannabis sales in violation of Health & Safety Code §11359 and of violating a licensed medical marijuana dispensary in an area not zoned for a dispensary.  By charging both violations, the prosecution has admitted that the sales were licensed and, therefore, not in violation of Health & Safety Code §11359.
• Dismiss for Denial of Speedy Preliminary Hearing – A defendant who is in custody is generally entitled to a preliminary hearing within ten court days.  (Penal Code §859b).  This motion can be used to ask the court to dismiss if a defendant’s right to a speedy preliminary hearing is violated.

Buy now for only $40 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Dismissal Package.

Sanctions Package

Sanctions motions are used to ask the court to punish the prosecution for improper activity, such as an illegal search or the improper destruction of evidence.  This package includes the following Word documents:

• xxx – xxx

Buy now for only $15 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Sanctions Package.

Procedural Package

Procedural motions are used to ask the court for procedural matters that generally do not go to the merits of the case, such as to continue trial, to substitute attorneys, or to recall a warrant.  This package includes the following Word documents:

• xxx – xxx

Buy now for only $15 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Procedural Package.

Third Party Package

Third party pleadings are used to order a person or entity that is not a member of the prosecution team to take some action that is of benefit to the defense team.  This package includes the following Word and/or PDF documents:

• xxx – xxx.

Buy now for only $20 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Third Party Package.

Funds Package

Funding motions are used to ask the court to pay some or all of the costs of the defense.  Some of these motions are available for free on our sister web page ExpertAppointments.com.  Our sister web page also has a free MCLE course explaining how to find and fund experts.  This funds package includes the following Word and/or PDF documents:

• xxx – xxx.

Buy now for only $10 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Funds Package.

Plea Package

Plea related pleadings are in this package.  This package includes the following Word documents:

• xxx – xxx.

Buy now for only $10 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Plea Package.

Post Conviction Package

Post conviction motions are used to obtain a more favorable sentence.  Other types of post conviction pleadings, that are NOT part of this package, may be used to challenge the validity of a conviction or expunge a case after a sentence is complete.  We offer some of these pleadings free of charge on our sister webpage, ProPerKits.com and other post conviction pleadings can be found in our books.  If you don’t find what you are looking for here, in our books, or on our sister web pages, feel free to text or call us at 661Justice (661-587-8423).  This post conviction package includes the following Word documents:

• xxx – xxx.

Buy now for only $20 including tax and you will receive instant access to the web page where you can download all of the pleadings in the Post Conviction Package.

All Package Bundle

If purchased individually, the packages total $160.  You can save 40% by purchasing the All Package Bundle for only $96.  Click the button below to pay and receive instant access to a bundle of all packages.  This package offer has been extended through January 31, 2021.