Criminal Pretrial Matters
In criminal matters, the following
Criminal Pretrial Preparation Order, Standard Discovery Order (SDO), and Standard Mutual Order in Limine will be efiled into
each case (See links below) in the following manner:
In Grimes County, after a case is indicted, the Clerk will efile into each case a Standard
Discovery Order (See Grimes County Discovery link below) and after a case has gone through the Motions setting, in most instances the Court will issue a Standard
Mutual Order in Limine (See link below), and a Criminal Pretrial Preparation Order (See link below).
In
Waller County, after a case has gone through the Motions setting, in most instances the Court
will issue a Standard Discovery Order (See Waller County Discovery link below), a Standard Mutual Order in Limine (See link
below), and a Criminal Pretrial Preparation Order (See link below). If desired earlier, defense counsel may request the entry
of the SDO, which will then, in most circumstances, be entered. A request for the SDO may be done at Arraignment, at the Motions
hearings and as late as the Pretrial hearing, so long as adequate time is allowed for compliance by the State before the case
is called for trial.
In
addition to the provisions in the SDO, or Texas Code of Criminal Procedure, defense counsel is welcome to file supplemental
discovery motions, or requests, as well as supplemental motions in limine. However, each supplemental discovery motion and/or
request and/or supplemental Motion in Limine, must
state how the particular motion and/or request differs from the SDO or Code or Motion
in Limine, and what the supplemental discovery is intended to produce or Motion in Limine is intended to address. Certainly,
trial tactics and strategy should not be disclosed; only the focus of the supplemental request. Absent an agreement from the
State, counsel should be prepared to argue the position in court. Further, a certificate of conference should be included
in the supplemental discovery motion and/or supplemental motion in limine stating the outcome of discussions between the defense
and the State.
Except in unusual circumstances,
failure to timely present discovery issues will not be grounds for a trial continuance.
The
State and Defense should become familiar with the need for defense disclosures to the State, as the Standard Discovery Order
does cover that requirement.
It is important that defense counsel
contact the District Attorney in order to obtain passwords and access to online discovery mandated under the "Michael
Morton Act."
Criminal Pretrial Preparation Order
Grimes County Standard Discovery Order Criminal Cases
Waller County Standard Discovery Order Criminal Cases
Standard Mutual Order in Limine