In criminal matters, most discovery is managed
through Standard Discovery Orders (SDO) that are part of the Local Rules, local procedures, or the provisions for discovery
in the Texas Code of Criminal Procedure. The District Clerk or the Court Coordinator can provide a copy of the SDO for your
review. In Grimes County, the SDO is included in the Local Rules, and a copy may be obtained on this Website or
from the District Clerk.
to the provisions in the SDO, or TCCP procedures, defense counsel is welcome to file supplemental discovery motions and requests.
However, each supplemental discovery motion or request must state how the particular request differs from the SDO or
Code, and what the supplemental discovery is intended to produce. 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 stating the outcome
of discussions between the defense and the State.
A Standard Discovery Order will not automatically
be entered in every case that is filed in Waller County. After a case has gone through the Motions setting,
the Court will issue a Standard Discovery Order, a Standard Joint Motion in Limine, and a Criminal Trial Preparation Order.
If desired earlier, defense counsel must 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 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.
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."