PROCEDURES AND RULES FOR THE 299TH DISTRICT COURT
Effective 1/1/07
(Download the rules)

Welcome to the 299th District Court. The following procedures and rules are meant to create a professional court setting and to facilitate the handling of cases in an orderly and efficient manner.

I. GENERAL RULES

1. Be professional and courteous to the judge, court staff, opposing counsel, witnesses and defendants. Notify the judge immediately if you feel you are being treated in a discourteous manner.
2. Court will start promptly at 9:00 a.m. Please be on time. The defendant must be present unless otherwise provided by these rules or excused by the judge.
3. Defendants who are not in custody need not appear at any pre-indictment setting. Lawyers are encouraged to bring their clients to court if their appearance could expedite disposition of the case. Defendants must appear at all appearances after indictment unless excused by the judge.
4. Cell phones, pagers, etc., must be turned off before entering the courtroom. If such a device interrupts court proceedings, a fine may be assessed.
5. Notify the court coordinator if an interpreter will be needed.
6. At general docket calls, defense attorneys should ask the clerk to pull files. The clerk will place them in the order pulled. This will eliminate lines in front of the Bench. If an attorney is not present when the case is called, that case will be placed at the bottom of the stack and recalled in order.
7. Many common forms will be available in the courtroom, e.g., guilty pleas, waivers of jury trial, motions for community supervision, etc. Use these forms, not your own or those from other courts.
8. A standing discovery order will be entered in every indicted case. This order is deemed sufficient to satisfy the defendant and the State’s discovery requests. If additional discovery is needed, the defendant and/or the State shall file a written motion addressing only matters not covered in the standing discovery order.
9. File motions, pleadings, memorandums of law, etc., with the clerk in the 299th District Court. At the time of filing, provide a copy of same to the prosecutor handling the case. Please provide a courtesy copy of non-standard pleadings to the coordinator for the judge.
10. To reset a case, notify the court coordinator of the reason for the reset. The court coordinator will use a pre-printed form to indicate the reset date and type of setting. The form MUST BE SIGNED by the State, defense counsel and the defendant (if present and not in custody). Neither the defendant nor counsel may leave without executing the reset form. The defendant, defense counsel and the prosecutor will receive a copy.
11. A jury trial waiver must be executed by the defendant, defense counsel and the State before the case may be set on the non-jury trial docket.
12. All spectators and witnesses are welcome. The judge has an affirmative obligation to control the courtroom and keep it free of improper influence. Therefore, all spectators and witnesses must behave appropriately and refrain from disruptive and disrespectful behavior such as fighting, laughing, and smirking. Additionally, no one is permitted to wear an article of clothing, button, etc., that indicates favoritism toward or support for either the State, the victim or the defendant. The lawyers are ordered to inform their witnesses and spectators of this rule. Violation of this rule could result in contempt or other sanction.

II. BAIL

1. All personal bonds, including cash deposit bonds, should be evaluated by Pre-Trial Services absent exigent circumstances.
2. No personal bond will be considered until a criminal record check has been done and Pre-Trial Services has made a recommendation.
3. The attorney’s name and contact information should always be printed on the bond.
4. The judge will sign only bonds from the 299th District Court, unless another judge is unavailable or the case has not been assigned to a court.

III. GUILTY PLEAS & PLEAS OF TRUE

1. For guilty pleas and pleas of true to APRs and motions to adjudicate guilt, use only the forms for the 299th District Court which will be available in the courtroom.
2. It is imperative that attorneys go over these forms thoroughly with their clients prior to entry of the plea. The defendant and counsel should sign and initial the forms where indicated.
3. Forms will also be provided in Spanish. These forms will be in a color other than white. Both the English and Spanish forms must be initialed and signed by Spanish-speaking defendants.
4. Fill out the guilty plea form completely, e.g., the offense charged, the reduced charge, whether enhancement allegations will be dismissed, etc.
5. The judge will question the defendant. The State and defense counsel will be permitted to question the defendant to the extent necessary to make a full and complete record.
6. Before the plea, inform the clerk if the defendant is pleading to “time,” so the clerk can calculate back-time credit.
   

IV. SENTENCING

1. If the defendant is pleading to misdemeanor community supervision, sentencing will occur at the time of the plea. No pre-sentence report will be prepared. Please advise the probation officer so s/he can prepare the community supervision conditions for imposition at the time of the plea.
2. A pre-sentence report will be ordered after each felony plea where the defendant is to receive community supervision. Defense counsel should request a personal bond for such defendants in custody. This will relieve jail overcrowding and provide sufficient time to compile the report.
3. Attorneys should review the pre-sentence report prior to asking the Court to call the case for sentencing.
4. Attorneys should carefully review all conditions of community supervision with the defendant prior to sentencing.
   

V. COMMUNITY SUPERVISION REVOCATIONS

1. Attorneys will be expected to know the status of all relevant factors, such as:
1. Pending subsequent offenses, including misdemeanors.
2. Out-of-county holds or warrants.
3. Parole or other probations.
4. Employment status.
5. Living arrangements should the defendant be released.
6. Number of days incarcerated.
7. Any mitigating or exculpatory information.
2. The court community supervision officer should be informed before any revocation cases are discussed either in chambers or at the Bench. Once informed, the officer need not be present during the discussion.

VI. JURY TRIALS

1. Only cases where negotiations have been exhausted and all pretrial matters have been resolved will be set on the jury trial docket. The defendant’s rejection of the State’s punishment recommendation will not be put on the record absent exceptional circumstances. Counsel must be ready for every trial setting.
2. Motions related to trial, e.g., election of judge/jury assessment of punishment, etc., should be filed the day the case is set on the jury trial docket. Common forms will be available in the courtroom.
3. A motion for continuance for a case on the jury trial docket must be presented at the earliest opportunity to permit the judge to efficiently manage the trial docket and for opposing counsel to notify witnesses that their appearance will not be needed. Motions for continuance will be closely scrutinized; only meritorious motions will be granted.
4. The judge will not be inclined to accept plea bargains on the day a case is scheduled for trial.
5. Generally, older jail cases will be given preference over newer jail cases and cases where the defendant is not in custody. The Court will routinely try more than one case in a week. If your case is scheduled for trial and another case is tried first, you and your witness must remain ready for trial that week. If your case is not likely to be reached within two days, the court coordinator will reset your case.
   

VII. RULES FOR CONDUCT OF COUNSEL WHILE IN TRIAL

1. Submit suggested/proposed jury instructions ASAP, preferably before trial.
2. Be on time. If the defendant is not in custody ensure s/he is on time.
3. Voir Dire: (1) Inform the judge if you want any particular matter covered during the judge’s voir dire; (2) Use your time wisely, e.g., do not continue to question venire members who are obviously going to be successfully challenged for cause; (3) Challenges for cause will be heard when both sides have concluded Voir Dire; and, (4) An alternate juror will be picked in every case. Be familiar with CCP 35.15(d). Do not tell alternates they are alternates.
4. The Rule will be invoked in every case unless waived by both sides.
5. Potential witnesses may not be present for opening statements but may be present for closing arguments.
6. Have your witnesses ready to testify when needed. Do not expect a recess for a witness to appear. Notify the Court immediately if you have a problem securing the timely appearance of a witness.
7. Have all exhibits marked with the court reporter before trial begins. Mark exhibits on the front only.
8. Prepare charts and drawings before trial.
9. Delete hearsay from exhibits prior to trial.
10. Thoroughly inform your witnesses of the judge’s rulings, including motions in limine.
11. Stand to object or address the Court.
12. Make your objections briefly and on legal grounds (no speaking objections).
13. Do not respond to opposing counsel’s objections unless a response is requested by the judge.
14. Do not argue with the judge’s ruling.
15. Do not make sidebar remarks, roll your eyes, etc. Be professional at all times.
16. Do not talk at the same time as the judge, opposing counsel or a witness.
17. ONLY the bailiff may hand an exhibit to the jury and may do so only with leave of the judge.
18. Address witnesses as Mr., Ms., Dr., etc. No first names except for children.
19. Request leave of the Court before approaching the Bench or witness stand.
    

I will be happy to discuss these rules ex parte with attorneys who are not in trial. However, opposing counsel must be present during discussions with an attorney who is in trial. Failure to abide by these rules could subject an attorney to removal from the court appointment list (at least in the 299th District Court) and/or other appropriate sanctions.