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Court Rules
Judge

Judge Mike Smith

Individual Rules, Standing Orders & Policies

Rules last changed:
Brown County District Court

Adjournments

Court-wide
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Phone
Court-wide

Chambers

(325) 659-6577
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Document Format Requirements1 rule

FormattingMandatoryCriminal cases

Digital video exhibits must be in MP4 format, audio files in MP3 format, and images must be stored on a completely separate disk from audio and video files.

Court's wording

ALL DIGITAL EXHIBITS FROM EITHER THE STATE OR THE DEFENSE SHALL BE IN THE FORMAT REQUIRED BY THE APPELLATE COURTS OF THE STATE OF TEXAS. Specifically, all digital video disk exhibits containing video files need to be in ".mp4" format, all audio files need to be in ".mp3" format, all images need to be on a completely separate disk than audio/video files.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 8|SectionSection 1.14

Document Filing Requirements9 rules

Filing RequirementsMandatoryCriminal cases

The State must provide a list of all known testifying expert witnesses for guilt-innocence and punishment.

Court's wording

(6) THE STATE SHALL PRODUCE TO THE DEFENSE A LIST OF ALL TESTIFYING EXPERT WITNESSES (those witnesses being called by the State to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence) on its case in chief on guilt/innocence at the trial of this cause, and at the punishment phase, if known in advance by the District Attorney.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 5|SectionSection 1.01
Filing RequirementsMandatoryCriminal cases

Upon timely identification of the relevant witnesses, the State must provide computerized criminal histories for the defendant, victim, and requested State witnesses, subject to stated exceptions.

Court's wording

(7) COPIES OF COMPUTERIZED CRIMINAL HISTORY, if any, of the Defendant, the victim, and any witness requested who will testify for the State of Texas in this cause, with the exception of law enforcement personnel, medical records custodians, or expert witnesses; provided the Defendant's attorney timely names the witnesses in writing or in open court.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 5|SectionSection 1.01
Filing RequirementsMandatoryCriminal cases

The State must disclose exculpatory, impeachment, and mitigating information in its possession, custody, or control.

Court's wording

(4) EXCULPATORY EVIDENCE Pursuant to Article 39.14(h) of the Texas Code of Criminal Procedure, notwithstanding any other provision of this Order, the State shall disclose to the Defendant any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the State that tends to negate the guilt of the Defendant or would tend to reduce the punishment for the offense charged.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 5|SectionSection 1.01
Filing RequirementsMandatoryCriminal cases

The State must provide a list of all known non-expert witnesses, and a copy of its subpoena application may satisfy that requirement.

Court's wording

(5) A LIST OF ALL NON-EXPERT WITNESSES who will be called by the State as witnesses in its case in chief on guilt/innocence at the trial of this cause and at the punishment phase if known in advance by the District Attorney. A copy of the State's Subpoena Application is sufficient for this purpose.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 5|SectionSection 1.01
Filing RequirementsMandatoryCriminal cases

The District Attorney must give reasonable notice of intended evidence concerning the defendant's prior record, character, offense circumstances, and potentially admissible extraneous offenses, crimes, or bad acts.

Court's wording

The District Attorney shall give reasonable notice of the State's intent to introduce any evidence of the prior criminal record of the defendant, his general reputation, his character, and opinion regarding his character, the circumstances of the offense for which he is being tried, and any other evidence of an EXTRANEOUS OFFENSE, CRIME OR BAD ACT shown to have been committed by the defendant or for which he could be held criminally responsible, and which the State feels would possibly be admissible in the trial of this case, either in its case in chief, on rebuttal, or on the issue of punishment.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 6|SectionSection 1.01
Filing RequirementsMandatoryCriminal cases

For a pro se defendant, the State must produce and permit inspection of materials required under the Order and Article 39.14(d).

Court's wording

In the case of a Pro Se Defendant, the State is ordered to produce and permit the inspection of a document, item, or information required under this Order in compliance with Article 39.14(d) of the Texas Code of Criminal Procedure.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 6|SectionSection 1.03
Filing RequirementsMandatoryCriminal cases

The State shall inform the Defendant that a portion of the document, item, or information has been withheld or redacted.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 6|SectionSection 1.02
Filing RequirementsImportantCriminal cases

On request of the Defendant, the Court shall conduct a hearing to determine whether withholding or redaction is justified under Article 39.14 of the Texas Code of Criminal Procedure or other law.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 6|SectionSection 1.02
Filing RequirementsNoteCriminal cases

A copy of the State's subpoena application is sufficient for this purpose provided that it includes both the name and the address of the expert witness.

StandingPretrialOrder ThirdAmended MortonAct Brown · Apr 2014 · p. 5|SectionSection 1.01

Filing & Service rules

Filing Timing and Cure Windows

The State should furnish the non-expert witness materials no later than seven days before trial, and if possible by the close of business on the plea deadline date.

These items shall be furnished no later than seven (7) days before trial and, if possible, at the close of business on the plea deadline date.

Criminal cases

Page 5 | Section 1.01

The requested computerized criminal histories must be furnished as soon as practicable after the plea bargain date and no later than when the witness is called to testify.

These items are to be furnished as soon as practicable after the plea bargain date as set in this cause, but not later than at the time of the calling of the witness to testify.

Criminal cases

Page 5 | Section 1.01

Expert-witness disclosure must be furnished no later than twenty days before trial begins.

The disclosure of the expert witnesses shall be furnished no later than twenty (20) days before the date the trial begins.

Criminal cases

Page 5 | Section 1.01

Notice of intended extraneous evidence must be provided at least seven days before jury selection in a jury case or before the first witness is called in a nonjury case.

Such information shall be provided to the Defendant's attorney no later than seven (7) days prior to the beginning of jury selection in a jury case or no later than seven (7) days prior to the time of the calling of the first witness in a nonjury case.

Criminal cases

Page 6 | Section 1.01

The defense must furnish the State a list of all testifying expert witnesses known in advance no later than twenty days before trial, and a subpoena application may substitute if it includes the witness's name and address.

THE DEFENSE SHALL PRODUCE TO THE STATE A LIST OF ALL TESTIFYING EXPERT WITNESSES (those witnesses being called by the Defense to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence) on its case in chief on guilt/innocence at the trial of this cause, and at the punishment phase, if known in advance by the Defense Attorney. A copy of the Defendant's subpoena application is sufficient for this purpose provided that it includes both the name and the address of the expert witness. The disclosure of the expert witnesses shall be furnished no later than twenty (20) days before the date the trial begins.

Criminal cases

Page 8 | Section 1.12

Any defense motion to redact portions of the State's exhibits must be filed as soon as practicable and no later than twenty days before trial.

THE DEFENSE SHALL FILE WITH THE COURT ANY MOTION TO REDACT PORTIONS OF STATE'S EXHIBITS as soon as practicable, but not less than twenty (20) days prior to trial.

Criminal cases

Page 8 | Section 1.13

The State may supplement its witness list later when sufficient cause exists.

However, the list of State's witnesses may be supplemented later for sufficient cause.

Criminal cases

Page 5 | Section 1.01

Compliance with this Order should be made in writing and at least seven (7) days prior to the commencement of the trial in this case.

Compliance with this Order should be made in writing and at least seven (7) days prior to the commencement of the trial in this case.

Criminal cases

Page 6 | Section 1.01

Sealing & Redaction Procedures

The State may withhold or redact the portion of a discovery item that is not subject to discovery under the Order or Article 39.14.

If only a portion of the applicable document, item, or information is subject to discovery under this Order and Article 39.14 of the Texas Code of Criminal Procedure, the State is not required to produce or permit the inspection of the remaining portion that is not subject to discovery and may withhold or redact that portion.

Criminal cases

Page 6 | Section 1.02

Court-wide rules

Applies court-wide

These 87 rules apply across Brown County District Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Fees

All 27
  • Fee
    700
    Applies to
    Other felony plea

    The flat fee for an other felony plea is $700.

  • Fee
    500
    Applies to
    Felony motion to revoke or adjudicate

    The flat fee for a felony motion to revoke or adjudicate is $500.

  • Fee
    1000
    Applies to
    3g felony plea

    The flat fee for a 3g felony plea is $1,000.

Filing Requirements

All 27
  • Applies to
    Probable cause forms

    For warrantless arrests involving a felony or punishable misdemeanor, the forms establishing probable cause must be completed and filed when the arrestee is booked into jail.

  • Applies to
    Waiver of right to counsel

    When a defendant voluntarily and intelligently waives counsel, the court must provide a substantially prescribed waiver statement for inclusion in the record when signed.

  • Applies to
    Attorney fee voucher

    Each attorney fee voucher must state the number of cases disposed of under the payment made for the specific defendant.

Filing Timing

All 12

  • Brown and Mills Counties must submit the Indigent Defense Expenditure Report annually by November 1.

  • After ADR concludes, the parties must file a written statement with the Court no later than seven days before the trial on the merits stating when ADR occurred and whether it settled the dispute.

  • Unless the Court agrees otherwise, counsel must reduce judgments, decrees, or orders to writing within ten days after rendition, announcement of the ruling, or announcement of settlement, send a copy to opposing counsel for objections as to form, and deliver the original to the Court for signing; the order will be signed if no objection is received within ten days after the Court receives it.

Adjournments

All 8

  • A continuance, postponement, or reset will not be granted unless all parties consent or non-requesting parties are notified and given an opportunity to object.

  • An attorney with conflicting trial settings must immediately notify the courts concerned and attach the conflicting court's setting notice to any continuance motion based on the conflict.

  • A continuance motion must be filed under the applicable civil or criminal procedure rule, state notice and consent by all opposing parties or include an order setting a hearing, and comply with the conflicting-settings rule.

More categories

View all Brown County District Court rules
About Judge Mike Smith

Judge Mike Smith is the judge of the 35th District Court of Texas, which serves Brown and Mills Counties. The Texas Judicial Directory lists the judge as Mike L. Smith and marks the judge as the Local Administrative Judge for the District Courts.

35th District Court

200 South Broadway St., Suite 212, Brownwood, TX 76801

  • Phone: 325-646-1987
  • Fax: 325-643-6396
  • Court Coordinator: Jennifer Aaron
  • Assistant Court Coordinator: Jennifer McKibben
  • Court Reporter: Tammy C. Watkins, 325-646-4057

Members of the public can observe 35th District Court proceedings through the court's live stream on its YouTube channel, Texas 35th District Court. Anyone other than the Official Court Reporter is prohibited by law from recording these proceedings, in any manner.

Common questions about Judge Mike Smith's rules

What formatting rules apply to filings before Judge Mike Smith?

Judge Mike Smith's formatting rule includes digital video disk exhibits containing video files must be in ".mp4" format., all audio files must be in ".mp3" format., and all images must be on a completely separate disk from audio/video files.. Digital video exhibits must be in MP4 format, audio files in MP3 format, and images must be stored on a completely separate disk from audio and video files.

View ruleSource: page 8, section Section 1.14

What must be included with exculpatory evidence filings before Judge Mike Smith?

The State must disclose exculpatory, impeachment, and mitigating information in its possession, custody, or control.

View ruleSource: page 5, section Section 1.01

What must be included with witness list filings before Judge Mike Smith?

The State must provide a list of all known non-expert witnesses, and a copy of its subpoena application may satisfy that requirement.

View ruleSource: page 5, section Section 1.01

How does Judge Mike Smith handle sealed or redacted filings?

The State may withhold or redact the portion of a discovery item that is not subject to discovery under the Order or Article 39.14.

View ruleSource: page 6, section Section 1.02

What filing deadlines apply to expert witness list filings before Judge Mike Smith?

Expert-witness disclosure must be furnished no later than twenty days before trial begins.

View ruleSource: page 5, section Section 1.01
Complete rules summary for Judge Mike Smith

The State must disclose exculpatory, impeachment, and mitigating information in its possession, custody, or control.

The State must provide a list of all known non-expert witnesses, and a copy of its subpoena application may satisfy that requirement.

A copy of the State's subpoena application satisfies the expert-witness-list requirement if it includes the witness's name and address.

Expert-witness disclosure must be furnished no later than twenty days before trial begins.

The State should furnish the non-expert witness materials no later than seven days before trial, and if possible by the close of business on the plea deadline date.

The requested computerized criminal histories must be furnished as soon as practicable after the plea bargain date and no later than when the witness is called to testify.

The State may supplement its witness list later when sufficient cause exists.

Upon timely identification of the relevant witnesses, the State must provide computerized criminal histories for the defendant, victim, and requested State witnesses, subject to stated exceptions.

The District Attorney must give reasonable notice of intended evidence concerning the defendant's prior record, character, offense circumstances, and potentially admissible extraneous offenses, crimes, or bad acts.

The State may withhold or redact the portion of a discovery item that is not subject to discovery under the Order or Article 39.14.

The State must notify the defendant when any portion of discovery material has been withheld or redacted.

Notice of intended extraneous evidence must be provided at least seven days before jury selection in a jury case or before the first witness is called in a nonjury case.

For a pro se defendant, the State must produce and permit inspection of materials required under the Order and Article 39.14(d).

The defense must furnish the State a list of all testifying expert witnesses known in advance no later than twenty days before trial, and a subpoena application may substitute if it includes the witness's name and address.

Any defense motion to redact portions of the State's exhibits must be filed as soon as practicable and no later than twenty days before trial.

Compliance with this Order should be made in writing and at least seven (7) days prior to the commencement of the trial in this case.

The State must provide a list of all known testifying expert witnesses for guilt-innocence and punishment.

Digital video exhibits must be in MP4 format, audio files in MP3 format, and images must be stored on a completely separate disk from audio and video files.

On the defendant's request, the court must hold a hearing to determine whether discovery withholding or redaction is justified.