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Court Rules
Judge

Judge M. Patrick Maguire

Individual Rules, Standing Orders & Policies

Rules last changed:
Kerr County District Courts

Limits & Logistics

Courtesy Copies

Courtesy copies

Court-wide
  • After Agreed Date

Adjournments

Court-wide

Request must include

Proposed New Dates

Communication

Phone
Court-wide

Clerk

Scheduling
Filters:

Document Filing Requirements5 rules

Filing Requirements

Additionally, a certificate of service must appear thereon which indicates the specific addressee and the full address, manner and means of service.

Must include

  • Certificate of service
Kerr:5451c6b5a4d93a1298c84f17 · Jan 2023 · p. 1|SectionORDER REGARDING MOTIONS
Filing Requirements

After a timely written defense request by letter, with a copy filed with the district clerk and provided to the State, the State must give written notice of intended Rule 404(b) evidence; notice 10 days before trial is reasonable, except for good cause.

Court's wording

Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding extraneous offenses or bad acts the State intends to introduce during the State's case in chief as required by Rule 404(b) of the Texas Rules of Evidence. Said notice shall be deemed reasonable if given 10 days before trial except for good cause shown.

Kerr:5451c6b5a4d93a1298c84f17 · Jan 2023 · p. 3|SectionTHE STATE IS ORDERED
Filing Requirements

Upon either side's written request, which may be made by letter or email without a motion, each side must disclose its potential trial experts under Rules 702, 703, or 705.

Court's wording

Upon written request by either side, (letter or e-mail is adequate, no motion is necessary) and in accordance with Art. 39.14(b), Texas Code of Criminal Procedure, each side shall disclose to the other each person a party may use at trial to present expert testimony under Rules 702, 703 or 705, Texas Rules of Evidence.

Kerr:5451c6b5a4d93a1298c84f17 · Jan 2023 · p. 4|SectionEXPERT WITNESSES
Filing Requirements

Such disclosure shall be in writing and include at a minimum the name and address of such person.

Kerr:5451c6b5a4d93a1298c84f17 · Jan 2023 · p. 4|SectionEXPERT WITNESSES
Filing Requirements

After a timely written defense request by letter, with a copy filed with the district clerk and provided to the State, the State must give written notice of intended Rule 609(f) impeachment evidence; notice 10 days before trial is reasonable, except for good cause.

Court's wording

Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence. Notice shall be deemed reasonable if given 10 days before trial, except for good cause shown.

Kerr:5451c6b5a4d93a1298c84f17 · Jan 2023 · p. 4|SectionTHE STATE IS ORDERED

Filing & Service rules

Filing Timing and Cure Windows

The State must file its list of intended case-in-chief witnesses with the Clerk at least one day before trial.

To file with the Clerk of the Court a list of all witnesses the State intends to call on its case in chief (for either guilt or punishment phases) at least one (1) day prior to the trial,

Page 2 | THE STATE IS ORDERED

Service and Proof of Service Rules

The State must furnish the Defense a copy of its witness list on or before the day it files the list.

and furnish a copy of same to the Defense on or before the same day.

Page 2 | THE STATE IS ORDERED

The State must inform the defense at least one day before trial of specified promises of benefit or leniency to an accomplice or prospective witness.

8. To inform the Defense, at least one day before trial, of all promises of benefit or leniency afforded to or for the benefit of any accomplice or prospective witness in connection with the witness's proposed testimony or other cooperation with regard the alleged offense.

Page 3 | THE STATE IS ORDERED

Upon a qualifying defense request, the State must give written notice of intended Rule 404(b) evidence; notice 10 days before trial is deemed reasonable unless good cause is shown.

Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding extraneous offenses or bad acts the State intends to introduce during the State's case in chief as required by Rule 404(b) of the Texas Rules of Evidence. Said notice shall be deemed reasonable if given 10 days before trial except for good cause shown.

Page 3 | THE STATE IS ORDERED

Each party must serve its expert disclosures on the opposing party no later than 20 days before trial.

Disclosures shall be served upon the opposing party by each party, no later than 20 days prior to trial.

Page 4 | EXPERT WITNESSES

Upon a qualifying defense request, the State must give written notice of intended Rule 609(f) impeachment evidence; notice 10 days before trial is deemed reasonable unless good cause is shown.

Upon timely written request by the Defense and in the form of a letter addressed to the attorney for the State, a copy of which shall be filed with the district clerk and provided to the State, the State is hereby ORDERED, to give written notice to defense counsel regarding any impeachment evidence by prior conviction the State intends to offer to impeach the defendant or a witness during any phase of the trial as required by Rule 609(f) of the Texas Rules of Evidence. Notice shall be deemed reasonable if given 10 days before trial, except for good cause shown.

Page 4 | THE STATE IS ORDERED

Pre-Motion Conference Requirements

A discovery motion may be filed only after the Defense has obtained discovery and believes something remains undisclosed, or the State has failed to provide discovery under CCP 39.14.

The District Attorney's office has an open-file policy, and a Discovery Motion may be filed only after the Defense has obtained discovery from the State and believes that there is something not yet received or if the State has failed to furnish discovery to the Defense pursuant to CCP 39.14.

Page 1 | ORDER REGARDING MOTIONS

Before filing any motion, counsel must confer with opposing counsel and attempt to resolve the matter, and the motion must include a certificate stating that a conference occurred and its result.

In addition to any local or other rules concerning motions, no motion may be filed without first conferring with opposing counsel and attempting to resolve the matter and including a certificate of conference on the motion which indicates the fact of the conference and the result thereof.

Page 1 | ORDER REGARDING MOTIONS

Only bona fide discovery motions may be filed, and the Court will not consider motions that merely repeat local rules or this order.

ONLY A BONAFIDE MOTION FOR DISCOVERY MAY BE FILED. THE COURT WILL NOT CONSIDER MOTIONS WHICH ARE MERELY REPETITIVE OF LOCAL RULES OR OF THIS ORDER.

Page 1 | ORDER REGARDING MOTIONS

Defense counsel may file a discovery motion in good faith for items not addressed by the local rule and not covered by this order.

Should there be items to which the local rule is not responsive and for which the Defense needs to ascertain discovery, a motion may be filed when Defense counsel believes in good faith that such matter is not covered by this order.

Page 2 | ORDER REGARDING MOTIONS

Court-wide rules

Applies court-wide

These 68 rules apply across Kerr County District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 41
  • Applies to
    Attorney fee statement

    Each attorney must submit a detailed statement identifying the services performed, the dates performed, and the time spent on each service.

  • Applies to
    Proposed order setting

    Proposed order settings must list everyone to be notified and the specified contact information for represented and pro se parties.

  • Applies to
    Motion
    Must include
    certificate of service

    Every motion must include opposing counsel's specified contact information under the Certificate of Service and must not use the quoted generic statement.

Filing Timing

All 8

  • The attorney must submit the detailed statement to the trial Judge on the date the case is disposed of by plea, bench trial, or jury trial.

  • The attorney must submit the detailed statement to the trial Judge within 15 days after the mandate is returned in an appeal.

  • The Court may reduce indigent attorney fee bills that are filed late without good cause.

Adjournments

All 8

  • There are no summary or automatic first continuances; all continuances must comply with the cited statutes.

  • When setting or resetting a case for trial, pre-trial, etc., please contact the Court Coordinator for available dates. Then, contact all other counsel and obtain a date that everyone is available.

  • If a hearing must be canceled, contact the Court Coordinator as soon as possible.

Communication

All 6
  • Contact
    Phone to clerk

    When setting a civil case for pre-trial, jury trial, non-jury trial or post trial hearing, please call or e-mail the Court Coordinator, prior to sending your file marked Motion and Order Setting, to obtain available hearing dates.

  • After receiving available dates, contact opposing counsel to agree on a date with all parties.

  • Contact
    Phone to clerk

    Uncontested divorces, agreed divorces, defaults, uncontested name changes, and adoptions may be set by phone with the Court Coordinator without sending an Order Setting.

More categories

View all Kerr County District Courts rules
Common questions about Judge M. Patrick Maguire's rules

Does Judge M. Patrick Maguire require a pre-motion conference or letter before filing a motion?

Before filing any motion, counsel must confer with opposing counsel and attempt to resolve the matter, and the motion must include a certificate stating that a conference occurred and its result.

View ruleSource: page 1, section ORDER REGARDING MOTIONS

What must be included with motion filings before Judge M. Patrick Maguire?

The rule requires certificate of service. Every motion must include a certificate of service identifying the specific addressee, full address, and manner and means of service.

View ruleSource: page 1, section ORDER REGARDING MOTIONS

What must be included with request for extraneous offense notice filings before Judge M. Patrick Maguire?

After a timely written defense request by letter, with a copy filed with the district clerk and provided to the State, the State must give written notice of intended Rule 404(b) evidence; notice 10 days before trial is reasonable, except for good cause.

View ruleSource: page 3, section THE STATE IS ORDERED

What filing deadlines does Judge M. Patrick Maguire set?

The State must file its list of intended case-in-chief witnesses with the Clerk at least one day before trial.

View ruleSource: page 2, section THE STATE IS ORDERED

What rule applies to serving the opposing party before Judge M. Patrick Maguire?

Details: recipient: the opposing party. The State must furnish the Defense a copy of its witness list on or before the day it files the list.

View ruleSource: page 2, section THE STATE IS ORDERED
Complete rules summary for Judge M. Patrick Maguire

Before filing any motion, counsel must confer with opposing counsel and attempt to resolve the matter, and the motion must include a certificate stating that a conference occurred and its result.

Every motion must include a certificate of service identifying the specific addressee, full address, and manner and means of service.

Only bona fide discovery motions may be filed, and the Court will not consider motions that merely repeat local rules or this order.

A discovery motion may be filed only after the Defense has obtained discovery and believes something remains undisclosed, or the State has failed to provide discovery under CCP 39.14.

Defense counsel may file a discovery motion in good faith for items not addressed by the local rule and not covered by this order.

The State must file its list of intended case-in-chief witnesses with the Clerk at least one day before trial.

The State must furnish the Defense a copy of its witness list on or before the day it files the list.

After a timely written defense request by letter, with a copy filed with the district clerk and provided to the State, the State must give written notice of intended Rule 404(b) evidence; notice 10 days before trial is reasonable, except for good cause.

Upon a qualifying defense request, the State must give written notice of intended Rule 404(b) evidence; notice 10 days before trial is deemed reasonable unless good cause is shown.

After a timely written defense request by letter, with a copy filed with the district clerk and provided to the State, the State must give written notice of intended Rule 609(f) impeachment evidence; notice 10 days before trial is reasonable, except for good cause.

Upon a qualifying defense request, the State must give written notice of intended Rule 609(f) impeachment evidence; notice 10 days before trial is deemed reasonable unless good cause is shown.

The State must inform the defense at least one day before trial of specified promises of benefit or leniency to an accomplice or prospective witness.

Upon either side's written request, which may be made by letter or email without a motion, each side must disclose its potential trial experts under Rules 702, 703, or 705.

Expert disclosures must be written and include, at minimum, each expert's name and address.

Each party must serve its expert disclosures on the opposing party no later than 20 days before trial.

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