How to File and Serve a Motion

[Stoic_J]

My question involves criminal law for the state of: TEXAS

I have two charges pending in a Texas municipal court. Low-level misdemeanor charges not worth the expense of involving my own hired attorney.

I went in for scheduled arraignment, no pleas entered. I told court representative I intended to plead not guilty, and I was scheduled for a pre-trial hearing. I have since received each of the notarized complaints. I have motions I wish to file. Most important is my motion for discovery. I have printed the motion, and I know where to go to file it with the court, but do I need to give copies of the motions to the prosecutor? Do I just file my motions with the court, or do I need to also send them to the prosecutor (who is in the same building)? If I also need to give motions to prosecutor, do I have to give to prosecutor first, then court?

[indybail]

These questions are the best illustrations of why you need a lawyer. if you can't come with the research to know that you always provide copies for the prosecutor, how can you expect to adequately prepare for more complicated hurdles that await?

The fact you are charged with low level misdemeanors does not mean they do not merit the best defense possible. Some jail time is possible, fines and costs expensive and conviction on these charges can lead to enhancement of charges if you are ever arrested again.

In the course of my career in criminal justice over the decades I have sat through thousands of criminal court hearings and I have never observed anyone going pro se who were effective in their own defense.

If money is an issue, ask for a public defender.

[Stoic_J]

This is part of my research. Would you cite a source please? I've reviewed TX Criminal Procedure, & Rules of Evidence. I've also looked at local court rules & have yet to see anything about copies of motions to prosecutors. I HAVE seen where attys give opposing counsel copies of motions, & I've seen reference to it in other state rules, but not specifically Texas. I also see that there are state-specific books available, but that is all, THUS far.
The charges in this instance are fine-only, & under $500. They are hardly worth my time to fight, but I see it as a learning opportunity, plus the principle of it. I do believe one charge will be dismissed because of my willingness to go to trial. If I decide to file civil suit, I'll consider pro representation.

[Mr. Knowitall]

Seriously, if you have read the state statutes, and state and local court rules, and you haven't figured out that you have to serve the prosecutor, you're in way over your head.

You make a discovery demand. If there's not timely compliance with your properly prepared and served demand, you bring a motion. You file your properly prepared motion with the court, noticing the motion for hearing on an open motion date you verify the court, serving the motion and notice of hearing on all interested parties. Your court may also require a praecipe. You file proof of service with the court and, consistent with the content of your motion and any brief you file in support, as necessary (or even if not required, as a courtesy) file a judge's copy with the judge's chambers.

[Stoic_J]

I have been unable to locate local court rules, yet. I think being in way over my head would be if I wasn't looking for answers. I'm looking, and asking. So thank you for the valuable content in your responses, it is appreciated.

I've seen where other states say make discovery demand, then motion court if demands not met. 15 days seems reasonable, so that's what I'm giving. I contacted the court, and clerk basically said I have a trial date set, so that's the next step. I said, no, I still have discovery demands, and motions to file. She said, yeah, okay, just file them here. This is a small but active court. Things don't seem to be very organized. I went to scheduled arraignment, but didn't enter a plea or see the judge, they just scheduled a pre-trial hearing. So, I went to the pre-trial hearing, met with prosecutor, politely rejected his offer, and the court scheduled a trial date. I told the court manager I still hadn't entered a plea, and she said that would be done at trial. I wanted to file a motion. Handed court clerk three copies, and she just said okay. I asked if I could get my copy stamped, and they had to dig around for a stamp. Is this at all common, this sort of thing?

[cmre3456]

I have been unable to locate local court rules, yet.

A small municipal court may not post its local rules on the internet. Have you asked the clerk for a copy?

Alternatively, not knowing Texas municipal courts, it's very possible that the state writes the court rules for all municipal courts. Ask the clerk where you can get a copy.

You've been told that you're in way over your head and you are. You may have an excellent argument for your case but totally fail due to procedural errors on your part.