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Motions Hearings and Notices of Submission

1. All criminal motions and applications filed by either the State or the Defense shall comply with the general rules of pleadings as set forth in the Texas Rules of Civil Procedure and the Texas Code of Criminal Procedure, including certificates of service and certificates of conference.

2. Motions and applications may be filed as Agreed, Unopposed, Opposed, or without description. Motions and applications filed without description shall be considered as Opposed.

3.  Motions and applications may be filed with a Request for Hearing, or under a Notice of Submission. All matters that may be submitted by agreement between the State and Defense may be submitted to the Court without need of a hearing. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of counsel for both the State and the Defense.. The heading of the motion shall state that it is agreed. For example, "Agreed Motion for Reduction of Bond."

4. Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed. For example, "Unopposed Motion for Substitution of Counsel."

5. Opposed matters, or those without description, shall contain a Certificate of Conference stating a summary of the opposing counsel’s position on the matter.

6. In this subsection, "filing" refers to the date of the filing of the Notice of Submission. Motions and applications that may be presented by Notice of Submission to the Court without a hearing, and the time periods required for submission, are as follows:

a. Continuance: 10-days notice after filing.

b. Substitution of Counsel: 3-days notice after filing.  If substitution will affect any hearing or trial setting, 10-days notice will be required.

c. Motion to Amend Indictment: 10-day notice after filing.

d. Motion for No Bond or to Increase Bond: 10-day notice after filing.

e. Motion To Withdraw As Counsel: Without client consent: 10-days notice after filing.  With signed client consent:  immediate submission.

f. Dismissal by the State: Immediate submission.

g. Motion for Bond Surrender: 10-day notice after filing.

h. Ex parte matters: Ex parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly.

I. Application for Habeas Corpus: 10-day notice after filing; or contact the Court Coordinator for a sooner hearing.

j. Other matters: With consent of the Court.

7. Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk’s file prior to the submission date or they will not be considered.

8. Please see Court Quirks on this Web site regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions on the offending party and counsel.

9. After consideration of submitted matters the Court may elect to set a hearing on the matter. In that event, the Court Coordinator will attempt to set a mutually acceptable date for the hearing, as soon as practicable. Due to the limited docket days in rural counties, that is not always possible.