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263rd DISTRICT COURT

Court Guidelines
Effective July 1, 2023

Welcome to the 263rd District Court of Harris County, Texas. The following procedures and policies are meant to create a professional court setting and to facilitate the handling of cases in an orderly and efficient manner.  These policies are a work in progress and may change with advance notice.  If you have any questions, concerns, suggested upgrades to these policies, please feel free to contact the Court.

The Court intends to have semi-annual meetings with representatives from the defense bar and prosecutor’s to review and revise as needed.

GENERAL POLICY

A. Be professional and courteous to the judge, court staff, opposing counsel, witnesses and defendants. Notify the judge immediately if you are treated discourteously by anyone.

B. Please be on time at 9:30am. Defendants whose appearances are required must be on time in the Courtroom at the call of the docket.

C. Defendants should not leave court without a new reset date.

D. Defense Counsel is requested to notify the court coordinator if an interpreter will be needed for any proceeding as soon as practical.

E.  A standing discovery order will be entered in every case. This order is deemed sufficient to satisfy the defendant and the State’s discovery requests, however the Court will entertain any discovery matters that either party files as a written motion and brings to the Court’s attention.

F. All spectators and witnesses are welcome. The Court will be livestreaming most proceedings and onlookers are encouraged to watch via live stream. Please see the bailiff, Deputy McDuffy or Deputy Mira, with any questions about courtroom conduct. The Judge has 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, if the Court is in trial, witnesses must refrain from wearing an article of clothing, button, etc., that indicates favoritism toward or support for either the State, the victim or the defendant, nor any lude pictures or foul language. The lawyers are ordered to inform their witnesses and spectators of this rule. Violation of this rule could result in removal from courtroom, contempt or other sanctions.

DOCKET

Docket call is Monday-Friday at 9:30 a.m. Agreed pleas, bond issues, walk through matters, discovery matters or pleas without an agreed recommendation may be heard by the Associate Judges with proper notice.

COMMUNICATION WITH THE COURT-- Lawyers may email the Court as long as both sides are copied on the communication for matters that are not legally required to take place in a designated Courthouse – there will be no ex parte communications.  If there is a substantive motion pending on any specific issue, parties are required to approach the Court in person or on Zoom. If appearing via Zoom, please enter your name and case on which you are appearing. in the chat so that the Court may address you in the order of appearance. Please note that in person appearances will take precedence.

Community Supervision

The Court prefers a TRAS evaluation before a plea unless the Defendant is in jail and the TRAS will delay release. In cases where there may be an intrusive recommendation, the Court will likely use it as a sanction in cases where the TRAS is ordered as a condition of probation after the plea. However, Counsel for Defendants should be cautioned that if in patient or residential treatment is recommended and the Court deems it to be appropriate and immediate, the Defendant will go back into custody to satisfy that condition. The accused must appear in person to schedule a TRAS and if they miss the TRAS, they must contact the Court immediately.

MAJ / MRP Settings: Motions to revoke or adjudicate community supervision for technical violations will be set for 30 day reset and then set for a hearing unless good cause is shown.  Motions where the only violation is a new law offense shall be allowed more time to investigate the allegations in the new case.  

Must approach the Court

            Resets

                        State jail/3rd degree: please approach the bench on resets for cases over 150 days

                        2nd degree or higher: please approach the bench on resets for cases over 180 days

                        Resets will not be given prior to docket call.

Setting for trial: The Court will provide both a trial setting and a Pretrial conference setting (PTCR).  The PTCR will be approximately 1 week before the trial setting. Jury selection takes place on Thursdays and testimony will begin on Monday. If your case was set for trial in the previous administration, the Court.

Motions
Suppression: Motions to suppress be carried with trial unless expressly permitted by Court.

 Continuances: All continuance motions or requests must be in writing and filed prior to or on the day of PTCR. This allows permit the judge to efficiently manage the trial docket and for opposing counsel to notify witnesses that their appearance will not be needed. In most instances, Agreed Motions for continuance will be granted without hearing upon receipt by Court if filed by the date of the pretrial conference. Each continuance motion or request shall comply with Chapter 29 of the Texas Code of Criminal Procedure and will be granted based on the requirements prescribed therein. Any granting of a motion for continuance by the Court will indicate who requested it and the reasons for granting it. To the extent that is practicable, the Court shall hold the rescheduled court event not later than thirty (30) calendar days after the date from which it was continued. 

Substitute: Motions to substitute on a case which is currently set for trial requires an approach. The current defense attorney must be notified. Please notify the court if client files have been delivered to the new attorney on the case.

Pretrial Conference: All motions should be filed at least a week BEFORE the Pretrial conference and will be address during the PTCR setting. In addition, motions related to trial, e.g., election of judge/jury assessment of punishment, etc., should be filed at least the day of the PTCR. Pre-trial motions must be filed in accordance with Texas Code of Criminal Procedure art. 28.01.

 Investigator: the Court will not require attorneys to approach on investigator request. However, motions should be filed under seal and for experts, a Curriculum Vitae is strongly suggested to ensure a speedy approval. If there are questions or concerns on the motion OR if the amount asked if above the common amount, the Court will contact the parties.

TO BE’s & ACTIVE WARRANTS

As I am sure many of you know, 17.022 now mandates that Judges must consider a Pretrial Services Report before setting bail on a case. While we are diligently working to make this process more efficient, to avoid delays on the request for bond, Counsel for the Defense are strongly encouraged to request  Pretrial Services to prepare these reports before approaching.   Except in cases where the Defendant is already on bond or probation, or when the case involves both a deadly weapon and family violence, walk-through bonds are permitted. All other matters will be on a case by case basis. Defense counsel is strongly encouraged to contact the Court Coordinator at least 24 hours in advance of approaching the Court so that Counsel may be advised as to whether the Court is available to address the matter. The bailiffs will not allow the Defendant to leave the Courtroom with an open warrant. Further, the advance notice gives our staff enough time Pretrial Services to prepare your client’s report as mandated by the Texas Code of Criminal Procedure.

The accused individual MUST be physical present in Court and must have a bondsman present in court while bond is being addressed. Bondsmen must show credentials to the deputies and they must be notified of the walkthrough. If a bondsman is not present, the accused should be prepared to be processed into custody and post a bond from custody. Zoom appearances for Defendants requesting walk-throughs will not be allowed.  However, Attorneys may appear via Zoom. To avoid Ex Parte Communications with the Court, please remember to copy the State of Texas on ALL emails directed to the Court.

OFF DOCKET MATTERS

Cases

The Court will address all OFF DOCKET, TO BE’s & ACTIVE WARRANTS during docket as time permits.  Attorneys may approach on these matter on any docket day but will defer to the docketed matters set for that day. In cases where the attorney has open cases on docket and wishes to handle them all at once, off docket matters will be entertained during that attorney’s approach as a courtesy to the attorney and as a matter of judicial economy.

Resets

  1. Cases with an active Attorney of Record on file with the Court can initiate an Off-Docket Case Reset.  To request an off docket reset, please email the coordinator at least 2-5 days prior to the court date. Be advised that off-docket resets do not take precedence to the daily docket. If you have not received confirmation that the reset request was granted, your client is expected to attend court as initially docketed. If you email the court within 24 hours of the next court setting, your request will be denied and client will be expected to appear, unless due to unforeseen emergencies.
  1. The attorney is responsible to notify the bonding company AND the accused if the accused is on bond. Bond accused individuals must sign off docket resets if their appearance is required.

Bond conditions- For violations, it is my goal to address each matter on a case by case basis. Attorneys are encouraged to participate in the correspondence from pretrial services and should an appearance be warranted, I will accommodate the attorney’s schedule to the extent that it is practical. In cases of exclusion zone violations, certain drug/alcohol violations and new felony offenses, the Court may, in its discretion, issue a capias.

HOWEVER, BONDS WILL NOT BE REVOKED, FORFEITED OR RAISED WITHOUT A HEARING PURSUANT TO THE LAW.

INCLEMENT WEATHER/EMERGENCY EVENTS

The 263rd will follow HISD closures on all bond dockets.  The Court may available for jail dockets and emergency cases depending on the event and the safety of the Court staff. 

APPEARANCE POLICY

BOND CASES

The 263rd adopts the following court appearance and Zoom policies: In most cases, appearances are not required.  Accused individuals must physically appear in person for the following settings only:

  1. Defendant’s first appearance/arraignment setting;
  2. If the Defendant does not have an attorney of record/Pro se
  3. Pleas
  4. All Hearings on record;
  5. Pretrial Conferences/Pretrial motions;
  6. Trial;
  7. Pending Motion to Adjudicate Guilt, Motion to Revoke Probation and/or Bond Violations;
  8. As Ordered by the Court, Pretrial Services, Probation Department, and/or their counsel.
  9. Defendants who have lost touch with or cannot reach their attorney.

IF DEFENDANT’S APPPEARANCES ARE WAIVED, AS A CONDITION OF BOND, THE COURT ORDERS THAT THE DEFENDANT MAINTAIN CONTACT WITH THEIR ATTORNEY AND PRETRIAL. FURTHER DEFENDANTS ARE ORDERED TO UPDATE CONTACT INFORMATION WITH BOTH THEIR ATTORNEY AND THEIR PRETRIAL SUPERVISION OFFICER. Failure to maintain contact or update information may result in bond revocation as the appearance is only waived so long as their attorney is able to contact them.

JAIL CASES

If the accused individual is in custody, the attorney must be physically present for pleas or hearings. On Bond pleas, attorneys  may appear via zoom by the attorney if the client is not being sentenced to TDC.

ZOOM CASES

Except as stated above, Counsel may appear via Zoom for most settings. Your client may zoom in but are not required to do so.  Please encourage them to not come to the courthouse if they do not have to.  Professionalism should be maintained while on Zoom, and NO DRIVING.

The following Zoom rules will be in effect for ALL Zoom users:

  1. Attorneys must attempt to contact the State before approaching the bench to streamline approaches.
  2. When prompted to enter your name, please type in your first and last name. The Court may choose not to admit unidentifiable parties into the meeting and the individual will be considered as absent for docket (e.g. nicknames, device names like “Samsung Galaxy” “Jim’s iPad” etc.)
  3. When the Court admits you into the meeting room, please connect to the audio and start your video.
  4. Each person should leave their microphone on mute until the Court calls your name or the Court requests that you unmute your device.  
  5. The Court may place some parties into a breakout room to discuss the case with the court coordinator and/or the opposing party prior to addressing the Judge in the main meeting room.  
  6. Priority will be given to attorneys who appear in person in order to keep the courtroom as clear as possible, but I will be cognizant of those attorneys waiting on Zoom and promise to try to get to them expeditiously.
  7. Any recording (by video, audio, or photograph) of the Court’s Zoom proceedings is strictly prohibited without the express consent of the presiding judge.  A violation of this rule may be enforceable by contempt of court. 

If you cannot participate in-person as required, please contact the court in advance by phone or by email at cindy_martinez@justex.net.

263rd District Court Zoom Information:

Personal ID number                                     Court263

Zoom Link:                                                          https://justex.zoom.us/my/Court263

                                                                              

If a Defendant’s physical presence is required but not possible due to illness or other incapacities or limitation, counsel should have the Defendant available to Zoom in to Court.  There is no need for a Defendant to wait on Zoom during docket call, counsel should simply have the Defendant available in the event that the Court requests a remote presence.

DO NOT COME TO COURT WITH ACTIVE COVID OR OTHER COMMUNICABLE DISEASES.

Kids- Due to the content of the information discussed in Court, Defendants with children are allowed to check in and then wait outside with their children. Attorneys and Staff are welcome to have their children in Court. BONDS WILL NOT BE REVOKED FOR LACK OF CHILD CARE, HOWEVER BRINGING CHILDREN TO COURT WILL NOT PREVENT YOUR ARREST FOR OTHER BOND VIOLATIONS OR OPEN WARRANTS. It is never this Court’s desire to have children left unsafe or unattended to attend court. PLEASE DO NOT leave your kids in cars, at home, or with people with whom you are uncomfortable for your appearance in Court. You will not be penalized for lack of child care nor will it be an excuse for non-appearance.  

TRIAL GUIDELINES FOR ATTORNEYS

GENERAL

  1. The Court will determine the order of the trial docket. The oldest jail case and/or cases which the alleged victim is younger than 14 shall have priority.
  2. There will be a PTCR docket setting approximately 1 week before Trial.
  3. Attorneys on the trial docket must be present for docket call OR contact the Court with announcement via email.
  4. Juror selection will take place on Thursdays and case (s) not selected for trial on Thursday will be carried to the following week for trial.
  5. Attorneys and witnesses must be on time for court.
  6. Time
    1. Announcements shall commence at 9:30 a.m.
    2. Trial will begin at 10:30 a.m. and will break for lunch at 1:00 p.m.  Testimony will resume from 2:00 p.m. to 5:00 p.m. with an afternoon break approximately midway through the afternoon session.
    3. These times may varies based on jurors scheduling.
  7. Stand to object or address the Court. Examination shall be conducted from counsel table. Argument may be conducted from the well as desired by Counsel. No permission is required.
  8. Submit to the Court suggested jury issues for charge prior to jury selection.
  9. Examining witnesses will consist of direct/cross, redirect/recross.
  10. Request an interpreter by the date of Pretrial Conference.

VOIR DIRE

  1. Stay in time limit (30 minutes a side unless otherwise advised).
  2. Challenges for cause will be done after voir dire only.  Jurors who become disqualified during voir dire will be challenged at the bench immediately after Defense voir dire.  Challenges for cause are made only in the following manner, “I have a motion with regard to juror number X”.
  3. If trying a case with co-counsel, one lawyer may examine and object to each witness.
  4. If permitted, the Court will select an alternate juror.
  5. IMMEDIATELY ATER JURY SELECTION, PLEASE TURN IN ALL COPIES OF JUROR INFORMATION TO THE CLERK unless specifically authorized by Court.

WITNESSES

  1. Potential witnesses may not be present for opening statements but may be present for closing arguments if the rule has been invoked.
  2. Have your witnesses ready to testify when needed. Should Counsel have witnesses “on call”, a recess will not be granted for their appearance. Exceptions will be made for professional or expert witnesses. Notify the Court immediately if you have a problem securing the timely appearance of a witness.
  3. Thoroughly inform your witnesses of the judge’s rulings which may affect their testimony, including motions in limine.

TESTIMONY

  1. If legal or other matters need to be addressed outside the presence of the jury, please make the Court aware as early as possible, i.e. not when the jury is being led into the courtroom.
  2. Consult with the court reporter on marking exhibits PRIOR to trial.  Mark exhibits on front only.
  3. The Rule will always be invoked on motion of either party or the Court, sua sponte.
  4. Do not point firearms, loaded or unloaded, in the direction of jurors, witnesses or any other persons in the court.  NEVER give a firearm or any weapon to a defendant.
  5. Ask permission of the Court to approach a witness on the stand the first time, after the first time you can approach without asking the Court’s permission.
  6. Have hearsay deleted or redacted from exhibits prior to trial.  The court reporter is not responsible for redacting information from exhibits. These matters will be decided at the PTCR setting.
  7. Bill of Exception/Offers of Proof will be made at the end of day or prior to testimony resuming the following day.
  8. Do not mark on an exhibit that has already been admitted.
  9. Do not leave admitted evidence at counsel table during breaks from trial. Please return it to the court reporter prior to handling other issues.

OTHER

  1. When there is co-counsel, only the attorney examining or cross-examining the witness will be allowed to make objections.
  2. Special legal questions of law: submit authority to the Court prior to the trial if possible or as soon as is practical when issue is presented.
  3. Have interpreter present as needed.  Lawyer is responsible for making the appropriate request to the coordinator at pretrial conference.
  4. If there are any suggested/proposed jury instructions, submit as soon as is practicable, but preferably before trial begins.
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