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The district courts' standing criminal discovery order (signed August 29, 2012 by then-Judges Ben Hardin (23rd) and Craig Estlinbaum (130th); DA open-file based): witness lists, physical-evidence and Brady inspection, confessions and Art. 38.22 statements, prior criminal records, 20-day defense expert notice, expert reports, exculpatory/mitigating evidence, and extraneous-offense notice — applying in all criminal cases in either court until ordered otherwise.
Texas > Matagorda County > 23rd and 130th District Courts (criminal cases)
"Based on the current District Attorney's 'open file' policy ... the undersigned District Judges hereby adopt[] the following Standing Discovery Order that shall apply in all criminal cases in the 23rd or the 130th Judicial District Courts until specifically ordered otherwise." Verbatim highlights: the State provides witness names/addresses for case-in-chief, punishment and anticipated rebuttal (victim addresses only on express order); the defense inspects all tangible evidence the State intends to use, items obtained from or belonging to the accused, and Brady material, plus all alleged weapons, at mutually agreed times; the State provides written/recorded defendant statements per Art. 38.22 and must request a bench hearing outside the jury's presence before offering custodial oral statements; the State discloses impeachment-usable prior convictions of the defendant and the criminal records of its witnesses (open-file/rap-sheet compliance suffices); "At least 20 days prior to trial, the Defendant shall give written notice to the State of each person" offered under Rules 702/703/705; expert reports and examination/test results (including autopsies) are open to inspection; exculpatory and mitigating evidence known to the State "(to include all law enforcement personnel)" must be disclosed; written extraneous-offense notice is required for guilt-phase use outside the same transaction; if the parties cannot agree on times, the Court orders a meeting. Signed and entered August 29, 2012 — Hon. Ben Hardin (23rd), Hon. Craig Estlinbaum (130th); filed with the District Clerk August 30, 2012.
Tenth (10th) Court of Appeals — Standing Order No. 1, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.
Tenth (10th) Court of Appeals — Standing Order No. 2, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.