Erath County District Court Filing Timing and Cure Windows

CRITICAL

If the District Attorney and defense counsel reach a plea agreement, the Agreement to Reset and Plead Guilty must be signed and approved by the Court by 5:00 p.m. on the Thursday before a jury trial week.

If a plea agreement has been reached by the District Attorney and defense counsel, an Agreement to Reset and Plead Guilty must be signed and approved by the Court by 5:00 o'clock p.m. on the Thursday preceding a jury trial week.

CRITICAL

A party requiring a hearing on special exceptions, dilatory pleas, or other pre-trial matters must request and obtain a setting at least 30 days before trial on the merits.

Any party requiring a hearing on special exceptions, dilatory pleas or other pre-trial matters shall request and obtain a setting thereon at least thirty (30) days prior to the date the case is set for trial on the merits.

CRITICAL

Preliminary matters must be raised or filed at least seven days before the pre-trial hearing; later matters are barred unless the Court permits them for good cause.

The provisions of Art. 28.01(2), C.C.P. will be strictly complied with, and preliminary matter not raised or filed at least seven (7) days before the pre-trial hearing will not thereafter be allowed to be raised or filed, except by permission of the Court for good cause shown.

CRITICAL

The required sworn affidavit must be filed with the Court on or before December 31 each year.

A sworn affidavit by the attorney verifying that he/she has completed such annual education requirement must be filed with the Court on or before December 31 of each year.

CRITICAL

Parties with a case on the trial calendar must present and, if necessary, obtain a hearing on exceptions, motions, and dilatory pleas at least 14 days before trial.

It shall be the duty of all parties having places on the trial calendar to present to the Court and to obtain a hearing, if necessary, on all exceptions, motions and dilatory pleas not less than fourteen (14) days prior to the date the case is set for trial.

CRITICAL

Pre-trial motions must be filed at least three days before the pretrial hearing.

All pre-trial motions shall be filed not less than three (3) days prior to the pretrial hearing

CRITICAL

Untimely presentation of exceptions, motions, and pleas results in waiver.

Failure to present the exceptions, motions and pleas in a timely manner shall cause them to be waived.

CRITICAL

The responsible attorney must submit orders, decrees, and judgments within 15 days after the decision is announced, except temporary orders, which are due within four days after submission.

All orders, decrees and judgments shall be submitted to the Court by the responsible attorney for entry, within fifteen (15) days from the date of the announcement of the Court's decision, except temporary orders, which shall be submitted to the Court within four (4) days after submission.

CRITICAL

If a final judgment order or decree is not furnished within 15 days, the case will be placed on a dismissal docket and may be dismissed, with costs taxed at the Court’s discretion.

Upon failure to furnish the court with a final judgment order or decree disposing of the case within the fifteen {15) day period set forth above, the Court shall place the case on a dismissal docket, with notice to all attorneys, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.

CRITICAL

The required paternity acknowledgment and denial must be filed with the Bureau of Vital Statistics, and a certified copy obtained, before the final hearing.

The acknowledgement of paternity and the denial of paternity or the combined acknowledgement/denial of paternity must be filed with the bureau of vital statistics, and a certified copy of the filed acknowledgement of paternity and the denial of paternity or the combined acknowledgement/denial of paternity obtained from the bureau, prior to the date of the final hearing.

WARNING

The Judge may set an earlier final date for filing and obtaining a hearing when the Judge considers an earlier date appropriate.

An earlier date may be specified as a final date for the filing of such exceptions, motions and dilatory pleas and obtaining a hearing thereon in those cases in which the Judge deems an earlier date appropriate.

WARNING

The order does not alter the defendant’s obligation to timely file an election for jury punishment, an application for probation, a motion for interpreter, or other matters not addressed by the order.

DEFENDANT AND COUNSEL FOR THE DEFENDANT SHOULD NOTE THAT THIS STANDARD DISCOVERY ORDER DOES NOT CHANGE OR AFFECT THE NECESSITY TO TIMELY FILE ON BEHALF OF THE DEFENDANT THE 1) ELECTION FOR JURY PUNISHMENT; 2) APPLICATION FOR PROBATION; 3) ANYTHING ELSE NOT SPECIFICALLY ADDRESSED BY THIS ORDER; 4) MOTION FOR INTERPRETER.