Court Rules

Court-wide rules

Applies court-wide

These 87 rules apply across Brown County District Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Fees

All 27
  • Fee
    1000
    Applies to
    3g felony plea

    The flat fee for a 3g felony plea is $1,000.

  • Fee
    700
    Applies to
    Other felony plea

    The flat fee for an other felony plea is $700.

  • Fee
    500
    Applies to
    Felony motion to revoke or adjudicate

    The flat fee for a felony motion to revoke or adjudicate is $500.

Filing Requirements

All 27
  • Applies to
    Probable cause forms

    For warrantless arrests involving a felony or punishable misdemeanor, the forms establishing probable cause must be completed and filed when the arrestee is booked into jail.

  • Applies to
    Waiver of right to counsel

    When a defendant voluntarily and intelligently waives counsel, the court must provide a substantially prescribed waiver statement for inclusion in the record when signed.

  • Applies to
    Waiver of right to counsel

    A signed waiver-of-counsel statement must be filed and become part of the proceeding's record.

Filing Timing

All 12

  • Brown and Mills Counties must submit the Indigent Defense Expenditure Report annually by November 1.

  • After ADR concludes, the parties must file a written statement with the Court no later than seven days before the trial on the merits stating when ADR occurred and whether it settled the dispute.

  • Unless the Court agrees otherwise, counsel must reduce judgments, decrees, or orders to writing within ten days after rendition, announcement of the ruling, or announcement of settlement, send a copy to opposing counsel for objections as to form, and deliver the original to the Court for signing; the order will be signed if no objection is received within ten days after the Court receives it.

Adjournments

All 8

  • A continuance, postponement, or reset will not be granted unless all parties consent or non-requesting parties are notified and given an opportunity to object.

  • A continuance motion must be filed under the applicable civil or criminal procedure rule, state notice and consent by all opposing parties or include an order setting a hearing, and comply with the conflicting-settings rule.

  • An attorney with conflicting trial settings must immediately notify the courts concerned and attach the conflicting court's setting notice to any continuance motion based on the conflict.

More categories

View all Brown County District Court rules
About Judge Mike Smith

Judge Mike Smith is the judge of the 35th District Court of Texas, which serves Brown and Mills Counties. The Texas Judicial Directory lists the judge as Mike L. Smith and marks the judge as the Local Administrative Judge for the District Courts.

**35th District Court** 200 South Broadway St., Suite 212, Brownwood, TX 76801 - Phone: 325-646-1987 - Fax: 325-643-6396 - Court Coordinator: Jennifer Aaron - Assistant Court Coordinator: Jennifer McKibben - Court Reporter: Tammy C. Watkins, 325-646-4057 Members of the public can observe 35th District Court proceedings through the court's live stream on its YouTube channel, Texas 35th District Court. Anyone other than the Official Court Reporter is prohibited by law from recording these proceedings, in any manner.

Common questions about Judge Mike Smith's rules

What formatting rules apply to filings before Judge Mike Smith?

Judge Mike Smith's formatting rule includes file format PDF, digital video disk exhibits containing video files must be in ".mp4" format., all audio files must be in ".mp3" format., and all images must be on a completely separate disk from audio/video files.. Digital video exhibits must be in MP4 format, audio files in MP3 format, and images must be stored on a completely separate disk from audio and video files.

View ruleSource: page 8, section Section 1.14

What must be included with exculpatory evidence filings before Judge Mike Smith?

The rule identifies required filing content or certificates. The State must disclose exculpatory, impeachment, and mitigating information in its possession, custody, or control.

View ruleSource: page 5, section Section 1.01

What must be included with witness list filings before Judge Mike Smith?

The rule identifies required filing content or certificates. The State must provide a list of all known non-expert witnesses, and a copy of its subpoena application may satisfy that requirement.

View ruleSource: page 5, section Section 1.01

How does Judge Mike Smith handle sealed or redacted filings?

Judge Mike Smith's rules set procedures for sealed or redacted filings. The State may withhold or redact the portion of a discovery item that is not subject to discovery under the Order or Article 39.14.

View ruleSource: page 6, section Section 1.02

What filing deadlines apply to witness list filings before Judge Mike Smith?

The State should furnish the non-expert witness materials no later than seven days before trial, and if possible by the close of business on the plea deadline date.

View ruleSource: page 5, section Section 1.01
Complete rules summary for Judge Mike Smith

The State must disclose exculpatory, impeachment, and mitigating information in its possession, custody, or control.

The State must provide a list of all known non-expert witnesses, and a copy of its subpoena application may satisfy that requirement.

The State should furnish the non-expert witness materials no later than seven days before trial, and if possible by the close of business on the plea deadline date.

The State may supplement its witness list later when sufficient cause exists.

The State must provide a list of all known testifying expert witnesses for guilt-innocence and punishment.

A copy of the State's subpoena application satisfies the expert-witness-list requirement if it includes the witness's name and address.

Expert-witness disclosure must be furnished no later than twenty days before trial begins.

Upon timely identification of the relevant witnesses, the State must provide computerized criminal histories for the defendant, victim, and requested State witnesses, subject to stated exceptions.

The requested computerized criminal histories must be furnished as soon as practicable after the plea bargain date and no later than when the witness is called to testify.

Compliance concerning witness agreements and related communications should be made in writing at least seven days before trial.

The District Attorney must give reasonable notice of intended evidence concerning the defendant's prior record, character, offense circumstances, and potentially admissible extraneous offenses, crimes, or bad acts.

Notice of intended extraneous evidence must be provided at least seven days before jury selection in a jury case or before the first witness is called in a nonjury case.

The State may withhold or redact the portion of a discovery item that is not subject to discovery under the Order or Article 39.14.

The State must notify the defendant when any portion of discovery material has been withheld or redacted.

On the defendant's request, the court must hold a hearing to determine whether discovery withholding or redaction is justified.

For a pro se defendant, the State must produce and permit inspection of materials required under the Order and Article 39.14(d).

The defense must furnish the State a list of all testifying expert witnesses known in advance no later than twenty days before trial, and a subpoena application may substitute if it includes the witness's name and address.

Any defense motion to redact portions of the State's exhibits must be filed as soon as practicable and no later than twenty days before trial.

Digital video exhibits must be in MP4 format, audio files in MP3 format, and images must be stored on a completely separate disk from audio and video files.