Standing Discovery Control Order in Felony Criminal Cases – Hunt County, TX

The Standing Discovery Control Order in Felony Criminal Cases is a court order of the Hunt County, Texas District Courts that governs discovery in felony cases in the 196th and 354th Judicial District Courts, based on the State's "open file" policy and Article 39.14 of the Texas Code of Criminal Procedure (CCP).

It is not a form with entries to complete. It is a standing order that applies to felony cases already pending and to those filed later. It replaces in its entirety any similar order filed in individual cases, except that it does not limit discovery relief already granted to a defendant. It must be filed with the office of the District Clerk and posted there, and leaving a copy out of an individual case file does not change its application to that case.

The order covers five areas:

• How the defense obtains discovery from the State and how the State gives notice.
• Video and audio redactions.
• Rules for filing motions, including certificates of conference and service.
• Twelve numbered duties of the State, such as witness lists, witness statements, inspection of seized items, Rule 404(b) and Rule 609(f) notices, and Brady material.
• Expert witness disclosures by both sides, and inspection by defendants who represent themselves.

It is signed by the 196th Judicial District Court.

The main users are the lawyers in a Hunt County felony case: the State's attorneys and defense counsel. The order says all counsel are responsible for being familiar with it.

• Defense attorneys obtain discovery from the State, identify video or audio portions to be redacted, confer with opposing counsel before filing any motion, and disclose experts.
• The State must meet the numbered duties, including the witness list, statements, notices of extraneous offenses and prior convictions, and disclosure of promises of benefit or leniency to witnesses.
• Court-appointed counsel should know that the order says they will not be paid for preparing or presenting discovery motions that repeat local rules or the order, or Brady-violation or discovery-sanction motions filed before trial begins.
• Defendants without a lawyer (pro se) may inspect and review items the Court orders produced, but the State need not allow electronic duplication under Article 39.14(a).

It applies only to felony cases in the 196th and 354th Judicial District Courts. The order says nothing about other courts or case types.

The order applies from the moment a felony case is in the 196th or 354th Judicial District Court, whether the case was pending when the order took effect in 2016 or was filed afterward. Nothing has to be filed to activate it.

Its deadlines run backward from jury selection or trial:

• Videos the State intends to use: to the defense at least 15 business days before trial, unless good cause is shown.
• Defense redaction requests: at least 10 business days before jury selection.
• Unresolved redaction disputes: submitted to the Court at least 5 business days before jury selection.
• State's witness list, and notice of promises of benefit or leniency: at least 5 business days before jury selection.
• Rule 404(b) notice: reasonable if given at least 5 business days before jury selection.
• Rule 609(f) notice: reasonable if given 10 days before jury selection.
• Expert disclosures: served at least 21 days before jury selection, unless good cause is shown.

The order is not submitted by parties: the courts have already entered it and it is filed and posted at the Hunt County District Clerk's office. What parties file or serve under it goes through the channels below.

• With the Clerk of the Court: the State's list of witnesses it intends to call in its case in chief, with a copy to the defense on or before the same day.
• By e-mail: the State notifies the defense attorney by e-mail when discovery is available to obtain, access or inspect. The defense attorney arranges a date and time for inspection.
• Served on the other side: written expert disclosures with at least each expert's name and address, and the written Rule 404(b) and Rule 609(f) notices.
• Motions: each must carry a certificate of conference and a certificate of service naming the addressee and the place, manner and means of service.

The State may produce items electronically, by facsimile, or by copying and pickup at its offices. The order names no fee or other address. FillingPDF lets you fill out and download the PDF; submission follows the channels above.