PleadingWizard-InnocenceLegalTeam.docVIP

Innocence Legal Team 1600 S. Main Street, Suite 195 Walnut Creek, CA 94596 Telephone: 925 948-9000 Attorney for Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF THE PEOPLE OF THE STATE OF ) Case No. CALIFORNIA, ) ) NOTICE AND MOTION UNDER Plaintiff, ) EVIDENCE CODE 782 TO ) ADMIT PRIOR SEXUAL vs. ) KNOWLEDGE ACTS OF ) VICTIM ) Date: ) Time: Defendant. ) Dept: _________________________________) TO THE DISTRICT ATTORNEY OF ____________COUNTY: PLEASE TAKE NOTICE that on the date and time indicated above the Defendant will move the court pursuant to Evidence Code § 782 to admit the testimony of (Insert name of witness). Said motion will be based upon the attached Memorandum of Points and Authorities and the attached Declaration of (Insert name of declarant). Dated: _____________________ Attorney for Defendant SUMMARY OF FACTS Set forth brief summary of your facts MEMORANDUM OF POINTS AND AUTHORITIES I GENERAL RULES ON ADMISSIBILITY OF SEXUAL HISTORY TO ATTACK CREDIBILITY A THE SECTION 782 WRITTEN DECLARATION Attached to this motion, and incorporated by reference, is the Declaration of (Insert name of declarant). This declaration, based on information and belief, is an offer of proof, in compliance with Evidence Code section 782(a)(2), by which the defendant seeks a hearing and ruling on the admissibility of the prior sexual conduct of the complaining witness. The offer of proof is specific in that it describes the purpose of the testimony, the name of the witness(es) and the precise content of the testimony to be elicited. (See Semsch v. Henry Mayo Newhall Memorial Hospital (1985) 171 CA3d 162, 167; People v. Schmies (1996) 44 CA4th 38, 53.) *If appropriate add a sentence or two to the effect that it includes corroborating notes by the CPS worker and/or police reports, depending on your case.** Certain other pleadings, such as a petition for writ of mandate and affi