Document Filing Requirements7 rules
The State must make the listed categories of discovery available for inspection or provide defense counsel an opportunity to duplicate, download, or copy them.
Court's wording
As soon as practicable after arraignment of the defendant on the indictment or information, the State shall make available for inspection in the presence of a representative of the State or may provide defense counsel with the opportunity for electronic duplication, downloading or copying of: 1. Law enforcement offense reports concerning the charged offense, 2. Designated documents and papers for use at trial, 3. Written or recorded statements of the Defendant, along with all written warnings, admonitions, rights or waivers given by the State to the Defendant before such statement, 4. Written or recorded statements of witnesses, 5. Books, accounts, letters, photographs, objects and other tangible things constituting material evidence that are in possession, custody or control of the State and not otherwise privileged, 6. Any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the State that tends to negate the guilt of the Defendant or would tend to reduce the punishment for the offense charged, 7. The Defendant’s official criminal history, 8. Any agreement between the State and a testifying co-defendant, accomplice, or informant whether written or oral.
An expert disclosure must identify each potential expert and include any available written reports or summaries, the expert’s qualifications, and the subject matter of the testimony.
Court's wording
Not later than twenty (20) days prior to jury selection or in the case of a trial to the court at least twenty (20) days prior to the presentation of evidence is to begin, the parties shall disclose to the other in writing by hard copy or electronic means the name and address of each person the disclosing party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence. The disclosure shall also include all written reports or summaries, if any, detailing the opinion which may be offered by the person, the qualifications of the person, and the subject matter upon which the person intends to testify.
The State’s trial disclosures must include the listed prior testimony and records, material evidence, medical records, witness information, scientific-test results, and examination results.
Court's wording
Not less than five (5) working days prior to trial, the State shall produce the following documents and information and make the following physical items available for inspection by Defendant, if represented, by Defendant’s counsel: 1. All prior testimony of any person the State intends to call as a witness made under oath concerning the charged offense, 2. The prior criminal record of all civilian witnesses whom the State intends to call as witnesses during the trial of this cause, 3. All documents, objects and tangible things which are in the custody and control of the State or any of the State's agents as a result of the investigation which resulted in charges being brought and which are material evidence in this case as to the Defendant's guilt or innocence or as to punishment, if any, 4. All medical records, EMT records, nurse's notes, doctor's orders, or any other documents in the State's possession which reflect medical care given to the alleged victim(s) as a result of the alleged offense, 5. A list of the names and contact information of all witnesses the State intends to call during the guilt-innocence phase of trial. 6. The results and reports of all scientific tests, experiments, comparisons, or procedures the State expects to use at trial, 7. The results of any physical or mental examinations of the Defendant.
To rely on an exception to advance notice, a party or counsel must file a certificate with the application stating the applicable grounds.
Court's wording
Compliance with the provisions of subparagraph (1) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, in notice were required.
When presenting a TRO application, the presenter must certify whether the case is subject to transfer and, if it is, counsel must advise the Court of the circumstances, including related applications or conflicting orders.
Court's wording
Counsel (or pro se party) presenting any application for a temporary restraining order shall, at the time the application is presented, further certify that to the best of counsel's knowledge, the case in which the application is presented is not subject to transfer. If the case is subject to transfer, counsel shall fully advise the Court of the circumstances, particularly as to whether there has been any previous application for the same or similar relief or whether the relief sought will conflict with any other previous order, and the Judge to whom the application is presented may decline to act and refer the application or the entire case to the Judge of the Court to which the earlier related case is assigned.
If the Petitioner omits the order, the Clerk must attach it to the petition and every copy presented when the petition is filed.
Court's wording
At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented.
The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.
Filing & Service rules
Filing Timing and Cure Windows
The State must make the specified discovery available as soon as practicable after arraignment.
As soon as practicable after arraignment of the defendant on the indictment or information, the State shall make available for inspection in the presence of a representative of the State or may provide defense counsel with the opportunity for electronic duplication, downloading or copying of:
Criminal cases
Page 1 | Pre-Trial Disclosures
Each party must disclose its potential trial experts no later than 20 days before jury selection or, for a court trial, at least 20 days before presentation of evidence begins.
Not later than twenty (20) days prior to jury selection or in the case of a trial to the court at least twenty (20) days prior to the presentation of evidence is to begin, the parties shall disclose to the other in writing by hard copy or electronic means the name and address of each person the disclosing party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence.
Criminal cases
Page 1 | Experts
The State must produce the required trial disclosures and make the specified physical items available for inspection at least five working days before trial.
Not less than five (5) working days prior to trial, the State shall produce the following documents and information and make the following physical items available for inspection by Defendant, if represented, by Defendant’s counsel:
Criminal cases
Page 2 | Trial Disclosures
A Daubert or Frye challenge must be filed at least 10 days before jury selection or, for a court trial, at least 10 days before presentation of evidence.
Any motion challenging the qualifications of the person or the admissibility of the evidence under Daubert or Frye must be filed at least 10 days prior to jury selection or in the case of a trial to the court at least 10 days prior to the presentation of evidence.
Criminal cases
Page 2 | Experts
Motions not covered by the listed orders, including motions to suppress, must be filed seven days before the first pre-trial hearing unless the Court grants special permission; otherwise, an untimely motion will be waived or denied.
Any Pre-Trial Motions not covered by the listed orders, such as a Motion to Suppress, must be filed seven (7) days prior to the first Pre-trial Hearing unless special permission from the Court has been given. Without special permission and after such time has elapsed without the filing of the Motion, the Motion will be waived or denied.
Criminal cases
Page 2 | Pre-Trial Motions and Settings
Service and Proof of Service Rules
Expert disclosures must be made to the opposing party in writing, by hard copy or electronic means.
Not later than twenty (20) days prior to jury selection or in the case of a trial to the court at least twenty (20) days prior to the presentation of evidence is to begin, the parties shall disclose to the other in writing by hard copy or electronic means the name and address of each person the disclosing party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence.
Criminal cases
Page 1 | Experts
For a TRO or other ex parte application, the presenter must notify the opposing side and provide the application and proposed order at least two hours before presentation, unless a certificate supporting an exception is filed.
Counsel (or pro se party) presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party's counsel, or the opposing party if unrepresented by counsel in the present controversy, and provide opposing counsel or party with a copy of the application and proposed order are at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided in subparagraph (1) hereof. Compliance with the provisions of subparagraph (1) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; (2) That to notify the opposing party or counsel would impair or annul the court's power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, in notice were required.
Page 1 | I. APPLICATION FOR TRO AND OTHER EX PARTE ORDERS
Sealing & Redaction Procedures
Before allowing someone to view a covered document or another person’s witness statement, the possessor must redact the listed personal and identifying information.
Before allowing anyone to view a document or the witness statement of another under this subsection, the person possessing the information SHALL redact the address, telephone number, driver's license number, social security number, date of birth, and any bank account or other identifying numbers contained in the document or witness statement.
Criminal cases
Page 1 | Pre-Trial Disclosures
Pre-Motion Conference Requirements
The Defense and the State should not file pre-trial motions covering the orders listed above.
No Pre-Trial Motions covering the above listed orders should be filed by the Defense or the State.
Criminal cases
Page 2 | Pre-Trial Motions and Settings
Hearings on pre-trial motions not covered by the orders must be held before trial at the Court’s convenience, or may be carried with trial at the Court’s discretion.
All hearings on the Pre-Trial Motions not covered by these orders must be heard prior to trial at the convenience of the Court or be carried with trial at the discretion of the Court.
Criminal cases
Page 2 | Pre-Trial Motions and Settings