Van Zandt County District Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Discovery materials

The State must make the listed categories of discovery available for inspection or provide defense counsel an opportunity to duplicate, download, or copy them.

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.

CRITICAL

Applies to

Petition

If the Petitioner omits the order, the Clerk must attach it to the petition and every copy presented when the petition is filed.

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.

CRITICAL

Applies to

Petition

The Petitioner must attach a copy of the order to the original petition and every copy.

The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition.

CRITICALCriminal cases

Applies to

Trial disclosure

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.

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.

CRITICALCriminal cases

Applies to

Expert disclosure

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.

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.

CRITICAL

Applies to

Application

To rely on an exception to advance notice, a party or counsel must file a certificate with the application stating the applicable grounds.

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.

CRITICAL

Applies to

Temporary restraining order application

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.

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.