Texas Code of Criminal Procedure - Article 39.14. Discovery
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Art. 39.14. DISCOVERY. (a) Upon motion of the defendant
showing good cause therefor and upon notice to the other parties,
the court in which an action is pending shall order the State before
or during trial of a criminal action therein pending or on trial to
produce and permit the inspection and copying or photographing by
or on behalf of the defendant of any designated documents, papers,
written statement of the defendant, (except written statements of
witnesses and except the work product of counsel in the case and
their investigators and their notes or report), books, accounts,
letters, photographs, objects or tangible things not privileged,
which constitute or contain evidence material to any matter
involved in the action and which are in the possession, custody or
control of the State or any of its agencies. The order shall
specify the time, place and manner of making the inspection and
taking the copies and photographs of any of the aforementioned
documents or tangible evidence; provided, however, that the rights
herein granted shall not extend to written communications between
the State or any of its agents or representatives or employees.
Nothing in this Act shall authorize the removal of such evidence
from the possession of the State, and any inspection shall be in the
presence of a representative of the State.
(b) On motion of a party and on notice to the other parties,
the court in which an action is pending may order one or more of the
other parties to disclose to the party making the motion the name
and address of each person the other party may use at trial to
present evidence under Rules 702, 703, and 705, Texas Rules of
Evidence. The court shall specify in the order the time and manner
in which the other party must make the disclosure to the moving
party, but in specifying the time in which the other party shall
make disclosure the court shall require the other party to make the
disclosure not later than the 20th day before the date the trial
begins.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1999, 76th Leg., ch. 578, Sec. 1, eff. Sept. 1,
1999.
Subsec. (a) amended by Acts 2005, 79th Leg., ch. 1019, Sec. 1, eff.
June 18, 2005.
Article: 39.07 39.08 39.09 39.10 39.11 39.12 39.13 39.14 40.001 42.01 42.011 42.012 42.013 42.014 42.015
Last modified: August 11, 2007
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