Texas Code of Criminal Procedure - Article 28.01. Pre-Trial
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Art. 28.01. [522] [587] [576] PRE-TRIAL. 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.
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.
Article: 27.12 27.13 27.14 27.15 27.16 27.17 27.18 28.01 28.02 28.03 28.04 28.05 28.06 28.061 28.07
Last modified: August 10, 2007
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