Tex. Code Crim. Proc. art. 28.01 · Chapter 28. MOTIONS, PLEADINGS AND EXCEPTIONS
PRE-TRIAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the State's attorney, to appear before the court at the time and place stated in the court's order for a conference and hearing. The defendant must be present at the arraignment, and his presence is required during any pre-trial proceeding. The pre-trial hearing shall be to determine any of the following matters:
(1) Arraignment of the defendant, if such be necessary; and appointment of counsel to represent the defendant, if such be necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the indictment or information;
(5) Motions for continuance either by the State or defendant; provided that grounds for continuance not existing or not known at the time may be presented and considered at any time before the defendant announces ready for trial;
(6) Motions to suppress evidence--When a hearing on the motion to suppress evidence is granted, the court may determine the merits of said motion on the motions themselves, or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court;
(7) Motions for change of venue by the State or the defendant; provided, however, that such motions for change of venue, if overruled at the pre-trial hearing, may be renewed by the State or the defendant during the voir dire examination of the jury;
(8) Discovery;
(9) Entrapment; and
(10) Motion for appointment of interpreter.
Sec. 2. When a criminal case is set for such pre-trial hearing, any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown; provided that the defendant shall have sufficient notice of such hearing to allow him not less than 10 days in which to raise or file such preliminary matters. The record made at such pre-trial hearing, the rulings of the court and the exceptions and objections thereto shall become a part of the trial record of the case upon its merits.
Sec. 3. The notice mentioned in Section 2 above shall be sufficient if given in any one of the following ways:
(1) By announcement made by the court in open court in the presence of the defendant or his attorney of record;
(2) By personal service upon the defendant or his attorney of record;
(3) By mail to either the defendant or his attorney of record deposited by the clerk in the mail at least six days prior to the date set for hearing. If the defendant has no attorney of record such notice shall be addressed to defendant at the address shown on his bond, if the bond shows such an address, and if not, it may be addressed to one of the sureties on his bond. If the envelope containing the notice is properly addressed, stamped and mailed, the state will not be required to show that it was received.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 19, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff. Jan. 1, 1974; Acts 1979, 66th Leg., p. 204, ch. 113, Sec. 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 453, ch. 209, Sec. 2, eff. Aug. 27, 1979.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.28.htm
- Text hash
- sha256 a39a8d60d219af00abbf019879328ae7beab2fc13f8bf7258dc66d0228c30055
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
BenchPath cards that rely on this text
- Hunt County Court at Law No. 2 - Policies & Procedures (Judge Joel D. Littlefield; adopted 03-01-2022, amended 06-15-2023)
- Madison County Local Rules of the District Courts
- Trial Procedures — 497th District Court
- 355th District Court Local Rules (Hood County)
- Hood County Court at Law — Local Rules of Practice
- 266th District Court Local Rules (Erath County)
- 266th District Court Administrative Order — Dissolution When a Child Is Born During Marriage and the Husband Is Not the Biological Father (Erath County)
- 266th District Court Standing Order — Property and Conduct of the Parties in Divorce and SAPCR (Erath County)
- 355th District Court Standard Criminal Discovery Order (Hood County)
- Hood County Court at Law — Standard Criminal Discovery Order (Exhibit 4)
- Walker County Local Rules of the District Courts
- 266th District Court Standard Criminal Discovery Order (Erath County)
- 355th District Court Standing Order — Mandatory Disclosure Exemption in Delinquent Tax Cases (Hood County)
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 28.01. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.