CAUSE NO. _____________

CASE SCHEDULING ORDER

This matter is assigned to:        

c Track A Non-Complex Felony                    c Track B Complex Felony

The Defendant as well as attorneys for the State and the Defendant are ordered to appear, unless otherwise ordered by the Court, as follows:

Arraignment (ARRG) Setting: If necessary, the Court will address probable cause, magistrate warnings, bond conditions, and other preliminary matters. If the Defendant is in custody, the Defendant will be appointed an attorney, and bail may be reviewed as appropriate.

Case Management Conference (CMCR) Setting: (90 days from ARRG) Defendants must appear

Discovery Compliance (DISCO) Setting: (Track A: 60 days after CMCR / Track B: 90 days from CMCR).  All discovery and evidence exchange are ordered to be completed by this date. Defendants’ appearances are waived and not required.  The court will hold these hearings via ZOOM.  

Status Conference (STCR) Setting: (Track A: 30 days after DISCO /Track B: 90 days after DISCO).  If the case is not resolved prior to this setting and/or if the Court has not otherwise ordered, all parties shall appear at this setting to determine the status of this case.  Defendants must appear.

Pre-trial Conference (PTCR) Setting: (Track A: 30 days: 30 days after STCR /Track B: 60 days after STCR) Pre-trial motions must be filed in accordance with Texas Code of Criminal Procedure art. 28.01. Defendants must appear.

Anticipated Plea If the matter is to be disposed of by plea at any of the settings listed above, the plea will be taken at the time of and in lieu of the events of that setting. Counsel shall have all plea paperwork completed and e-filed prior to the scheduled setting if a plea is anticipated.

Additional Settings Either party may request settings or hearings in addition to the ones listed above for good cause shown. Any additional settings or hearings must be approved by the Court.

MAJ / MRP Settings: Motions to revoke or adjudicate community supervision will be set for 30 day reset and then set for a hearing unless good cause is shown.  After that setting MAJ / MRP will be set for hearings on the matters alleged.  Any additional settings or hearings must be approved by the Court.

General Time Table

The Defendant as well as attorneys for the State and the Defendant are ordered to appear, unless otherwise ordered by the Court, as follows:

Track A Time Period

Track B Time Period

Arraignment (ARRG) Setting:  If necessary, the Court will address probable cause, magistrate warnings, bond conditions, and other preliminary matters at the Arraignment Setting. If the Defendant is in custody at the date of the Initial Setting, the Court will appoint the Defendant counsel, and bail may be reviewed as appropriate. If the Defendant has neither requested appointed counsel nor retained hired counsel by the Initial Setting, the Defendant will be given an interim court setting. The interim court setting will be within thirty (30) days of the Initial Setting. By the interim setting, the Defendant will advise the Court as to the status of his or her legal representation. If the Defendant has retained counsel before this setting, defense counsel may request that the Defendant’s court date may be reset for the full 90 days until the CMCR.

Case Management Conference (CMCR) Setting: (90 days from ARRG)

The Defendant will have a Case Management Conference Setting ninety (90) days from the Initial Setting. Defendants and their Attorneys must be present at this setting.  The case shall be presented to a grand jury for indictment before this date, unless the parties have agreed to hold the case out from the grand jury to present evidence.  The court may as necessary set the case for an examining trial if the case is not indicted. The expectation is that initial plea bargains will be made on the case, RIP calls completed, and the parties are in a position to update the Court on the status of the case.  The attorney representing the government and the attorney representing the accused should identify all outstanding discovery.  All discovery provided to this point should have been reviewed by both sides.  Attorneys for both sides shall identify to the court all outstanding discovery.  Defendants are required to appear. 

Discovery Compliance (DISCO) Setting: The Defendant will have a Discovery Compliance Setting sixty (60) days after the Case Management Conference Setting, if the case is a non-complex felony, or ninety (90) days from the Initial Setting, if the case is a complex felony.  All defendants’ appearances are waived and the Court will conduct these hearings via ZOOM. All discovery is expected to be turned over by this setting in accordance with Article 39.14 of the Texas Code of Criminal Procedure. If discovery is not completed, the court will carry the case until discovery is completed.

Status Conference Setting: The Defendant will have a Status Conference (STCR) Setting thirty (30) days after DISCO, if the case is a non-complex felony, or ninety (90) days after DISCO, if the case is a complex felony. If not otherwise ordered by the Court, the Defendant, as well as the Defendant’s attorney of record, and counsel for the State shall appear before the Court to determine the status of this case. The Court’s expectation is that all discovery has been reviewed and counsel for the defense has met, consulted, and advised with the defendant before this setting.  All offers are to have been conveyed by the State and communicated to the defendant by their counsel.  This is the last setting to accept or offer a pre-trial diversion or alternative disposition. 

Pretrial Conference Setting:  The Defendant shall have a Pretrial Conference (PTCR) Setting thirty (30) days after STCR, if the case is a non-complex felony, or ninety (90) days after STCR, if the case is a complex felony. The Defendant, the attorney of record for the Defendant, and counsel for the State must appear at this setting. At this point all offers are to be made and either countered or rejected by the defendant.  Final offers may be made up until this setting, but all cases will be resolved by setting the case for either dismissal, dispositive motion, jury or court trial, or plea.   Any pretrial motion hearings will be set at the discretion of the Court. Case must be ready for trial or for disposition in some manner by this setting.

All pre-trial motions to be heard at the Pretrial Conference Setting must be filed in compliance with Texas Code of Criminal Procedures Art. 28.01, and any preliminary matters not raised or filed seven (7) days before the Pretrial Conference Setting will not be allowed to be raised or filed, except by permission of the Court for good cause shown. Written responses, if required, shall be filed three (3) days prior to this setting.

Pleas

The 209^th is only doing electronic pleas. All plea documents must be electronically signed in the kiosk by both attorney and defendant prior to court setting otherwise attorney must report to court or send a representative to obtain the defendant’s signatures. The court staff will not print plea paperwork or electronically collect signatures on the attorney’s behalf. The Clerk cannot accept e mailed, paper or electronically filed plea paperwork.

Attorneys wishing to contact the attorneys for the state may do so by e-mail:

These are the prosecutors assigned to the 209^th District Court.  

FCLD: Bailee Pender 

Sex Crimes: Lucas Baty

#3: Ryan Fuller

#2: Rebecca Marshall 

Chief: Chandler Raine