APPENDIX
4
ADMINISTRATIVE ORDER
IN
THE
454TH
JUDICIAL DISTRICT COURT
And
MEDINA
COUNTY COURT at LAW
*
*
STANDING DISCOVERY ORDER
IN
ALL
CRIMINAL
CASES
STANDING
DISCOVERY
ORDER
1. The Court
ORDERS
that
the
State produce and permit the inspection of, or
the
copying
and/or
photographing
(when applicable)
of
the following items
in
its possession or control and
to
comply with any court-ordered
disclosure requirements listed below:
a.
DISCLOSE
all statements
by
the Defendant pursuant to
Texas
Code
of
Criminal Procedure Article 38.22
and
all
written
statements made by the Defendant
in
connection
with
the offense with which the Defendant
is
charged.
b.
All objects and tangible property taken by the State during the course
of
its investigation
of
the offense
with
which the Defendant
is
charged, and any items which may
be
introduced at trial.
c. Any
written
waivers
or
consent forms signed by the Defendant.
d.
The
prior criminal record
of
the Defendant.
e.
DISCLOSE
within discovery provided all records
of
conviction which may
be
used
to impeach the defendant
or any State witness.
TRE
609 (f).
f.
DISCLOSE
within discovery provided all extraneous conduct, with date, county, state, and the name
of
the
alleged victim which may
be
admissible during the State's
case
-
in
-chief (not the State's rebuttal
case)
or the
punishment phases
of
trial at least
forty
five (45) calendar days prior
to
the scheduled trial date.
TRE
404 (b)
and
CCP
37
.07,
sec.
3
(g)
.
g. Any exculpatory
and/or
mitigating evidence within the possession, custody,
or
control
of
the State, the
ex
istence
of
which
is
known,
or
by the exerci
se
of
due diligence may become known to the State.
h.
The
final results
of
any laboratory test
or
any other analytical test pertaining
to
evidence in this
case
within
five calendar days
of
receipt by the State and whether
or
not any laboratory testing results are still
outstandi
ng.
i.
Inspection
of
any prior convictions
of
the Defendant which may
be
used
for
jurisdictional, enhancement or
impeachment purposes.
j. All photographs taken,
or
used, in the course
of
the investigation
of
this
case,
except attorney work product.
k.
DISCLOSE
any payment, promise
of
immunity, leniency
or
preferential
treatment
made to any codefendant,
accomplice or prospective witness
for
the State. U.
S.
v.
Giglio, and Napue v. Illinois.
II. The Court
ORDERS
that
both the State and the Defendant:
DISCLOSE,
at least
forty
five {45) calendar days prior to the scheduled trial date, the name and address
of
the
person either party may
use
at
trial
to
present evidence under
TRE
702, 703 and 705.
CCP
39
.14 {b).
Ill. General Comments:
The
State
is
encouraged
to
furnish the Defendant
with
offense reports and witness statements in addition to the
above items. However,
written
statements
of
witnesses and the work product
of
counsel and
their
investigators,
and
their notes or reports are excluded from discovery under
CCP
39.14
(a)
unless
their
disclosure
is
constitutionally
required, e.g.
Brady, Giglio, etc. Nevertheless, such statements, reports and any recorded grand
jury
testimony must
be
tendered
to
defense counsel at trial.
TRE
612
{1)
and
(3)
and 615.
IV.
Scope
of
this Order:
The Defendant shall exercise due diligence
to
contact the State to arrange a mutually convenient time to
comply with this Order. The State shall exercise due diligence
to
comply with this Order
at
the earliest opportunity,
but in
no
event later than
at
least forty five (45) calendar days prior to the scheduled trial date, absent a showing of
good cause.
The
State
is
not
required
to
permit the removal
of
any item covered
in
this Order. Compliance
with
this Order
shall
be
in the presence
of
a representative
of
the State. Defense counsel
is
responsible
for
the costs
that
are
not
incidental
to
compliance
with
this Order.
This Order does
not
cover privileged matters
or
work product unless
such
disclosure
is
constitutionally required,
e.g.
Brady, etc. Any dispute related to compliance with this Order should
be
brought
to
the
Court's attention
immediately.
Defense counsel and the State have a continuing duty
to
immediately reveal
to
opposing counsel all newly
discovered information
or
other
material within the scope
of
this Order.
This
Order
is
deemed sufficient to satisfy the
discovery requests
of
both the the Defendant and the State. Should additional discovery
be
necessary the Defendant
and/or
the State shall file a
written
motion
addressing only matters
not
covered
in
this Order. Any
such
motion must
be
presented in accordance with
CCP
28
.01.
2. I
JUDGE
, Medina County Court at
Law
DIVORCE CHECKLIST FOR PRO
SE
LITIGANTS
(designed for parties who are representing themselves in a divorce lawsuit)
Below
is
a checklist that you must complete before appearing in front
of
the Court for your
divorce.
1.
You must have filed all necessary paperwork (including a Final Decree
of
Divorce) with
the
Clerk's
office before you will be given a Court date for the final divorce hearing.
If
you are using a Waiver
of
Service, this document must have been signed by the
Respondent in front
of
a notary publ
ic
and notarized on a date after the Original Petition
for Divorce was filed. Additionally, the Final Decree
of
Divorce must include all
of
the
elements necessary under Texas law.
You have several options to do this:
Contact a private attorney;
Find information and forms online at www.tyla.org. www.texaslawhelp.org (then click
on
Family
law
and Domestic Violence, and then click on Divorce I Free Forms)
or
at
www.freetexasforms.org (then click on either
Divorce
in
Texas WITH Children
or
Divorce
in
Texas WITHOUT Children);
or
Contact Texas Rio Grande Legal Aid at (888) 988-9996,
or
www.trla.org., to see
if
you
qualify for representation by their attorneys;
___
2.
If
your spouse will not sign a Waiver
of
Citation and you know their address, you
must ask that the Clerk issue a citation pursuant to the Texas Rules
of
Civil
Procedure Section 99.
If
your
spouse's
whereabouts are unknown and there are no
children born
of
the marriage, you must ask that the Clerk issue a citation by posting
pursuant to Sec. 6.409 (d)
of
the Texas Family Code.
If
your
spouse's
whereabouts are
unknown and there
are child
ren
born
of
the marriage, then you must ask the Clerk to
issue citation by publication pursuant to Sec. 6.409
of
the Texas Family Code. For
further information regarding these fonns, please see the web sites listed in number 1
above.
___
3.
If
there were children born during this marriage who are under the age
of
18
years, and
the divorce is contested (not agreed to) you
must attend a parenting class as set out, in
Sec. 105.009
of
the Texas Family Code.
The
course you select must comply with the
requirements set out
in Sec. 105
.0
09
of
the Texas Family Code and must be approved by
the Court.
If
you cannot afford such a course, please contact the St. Henry de Osso
Family Project at (830) 278-3438, for information regarding their
Cooperative Parenting
and Divorce course which
is
provided on a sliding fee scale or without charge. Your
certificate
of
completion from yo
ur
parenting class must be filed with the
Clerk's
office
before you will be given a Court date for the final
di
vorce hearing.
_
__
4. Pick up a form entitled
Inf
ormation on Suit Affecting the Family Relationship (Texas
Department
of
State Health Services - Vital Statistics Form) from the Clerk
's
office. Fill
out the form according to the instructions and either file
it
with the Clerk
's
office, or
bring the form with you to Court for the final divorce hearing.
___
5.
If
a citation issued by the Clerk was personally served
on
your spouse and they did not
file an answer, sign the proposed decree,
or
if
they are not going to appear in court, you
will need to prepare and bring to your final hearing a Certificate
of
Last Known Address
1
and
an Affidavit
of
Nonmilitary Status. (These forms
may
be
found
on
the
web
sites
listed in
number
1 above).
If
your
spouse
was served by posting
or
citation
by
publication you will, in addition to the above,
need
to prepare and bring to
your
final
hearing a Statement
of
the
Evidence
pursuant to Sec. 6.409
of
the Texas
Fam
ily Code. (A
form for the Statement
of
the
Evidence
may
be found at the web sites listed in
number
1
above).
_ _ _ 6.
You
will not be able to get a divorce
if
(a) 60 days have not elapsed from the date the
lawsuit
was
filed (unless family violence is involved pursuant to ยง 6.702(c)
of
the Texas
Family Code), (b) the Wife is pregnant, (c) either party parented a child with someone
other than the other spouse during the marriage (unless that third-party is
made
a party to
the divorce suit
and
is addressed in the decree), and/or (d) a child has been the subject
of
a prior Court order (unless the prior
Court
case has been transferred to the divorce Court,
or
consolidated
with
the divorce case).
If
you have a case with the Attorney General
concerning the child(ren)
in
this divorce, you must give their office a file-stamped
copy
of
the Petition For Divorce
as
soon
as
you file it. You must also bring a
certified copy
of
the Attorney General order concerning the child(ren)
in
this
divorce with you to the final hearing.
_ _ _ 7. Only after you have completed a
ll
of
the above should you call the
454TH
District Court
at (830) 278-3913 to schedule a Court date for the final divorce hearing.
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