Texas Code of Criminal Procedure

§ 28.01 — PRE-TRIAL

CR § 28.01Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 28. MOTIONS, PLEADINGS AND EXCEPTIONS

Statute text

Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the State's attorney, to appear before the court at the time and place stated in the court's order for a conference and hearing. The defendant must be present at the arraignment, and his presence is required during any pre-trial proceeding. The pre-trial hearing shall be to determine any of the following matters:

(1)Arraignment of the defendant, if such be necessary; and appointment of counsel to represent the defendant, if such be necessary;

(2)Pleadings of the defendant;

(3)Special pleas, if any;

(4)Exceptions to the form or substance of the indictment or information;

(5)Motions for continuance either by the State or defendant; provided that grounds for continuance not existing or not known at the time may be presented and considered at any time before the defendant announces ready for trial;

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Legislative history

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 19, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff. Jan. 1, 1974; Acts 1979, 66th Leg., p. 204, ch. 113, Sec. 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 453, ch. 209, Sec. 2, eff. Aug. 27, 1979.