L. R. Harris Cnty. Crim. Ct. 3

As amended through August 27, 2024

Rule 3 - TRANSFER OF CASES

3.1. Research by Clerk

3.1.1. Upon filing and docketing of a misdemeanor indictment or information into the county criminal courts at law, the district clerk will determine by research whether the named defendant has a prior connection in any of the county criminal courts at law. This research shall be done in accordance with the criteria established in Rule 2.

3.2. Re-filing of Cases

3.2.1. All re-files of cases pending or dismissed shall be filed and docketed in accordance with statutory rotation. The district clerk is authorized to transfer and set the re-filed case in the court where the initial misdemeanor indictment or information is or was pending. If the initial case is pending, the setting date assigned to the re-filed case will be the same as that for the initial case. If the initial case is not pending, the re-filed case shall be given an appropriate setting in accordance with these rules.

3.2.2. All writs of habeas corpus, contempt, and ex parte matters shall be filed and docketed in accordance with these rules. The district clerk is authorized to transfer and set the proceedings in the court where a prior case connection exists or, if no prior connection exists, to transfer the proceeding to the court wherein the hearing on such proceedings is to be conducted.

3.3. Special Transfer Situations

3.3.1. S.O.B.E.R. Court Transfer on Motion to Revoke

3.3.1.1. Upon receiving a motion to revoke the probation of a defendant in S.O.B.E.R. Court, and upon consent of the defendant, the judge presiding over the S.O.B.E.R. Court shall sign a docket notation that the case is to be transferred to a judge presiding over a different S.O.B.E.R. Court and specify the court to which the case is to be transferred as directed below.

3.3.1.2. The Office of Court Management shall maintain a list of all judges presiding over S.O.B.E.R. Court dockets in numerical order by court number. Upon receiving notice that a case is to be transferred under this subsection, the Office of Court Management will consult the list and tell the sending court which judge is next on the list (in sequential order) to receive a revocation transfer. If the sending judge would otherwise be next on the list, the case will be assigned to the following judge and the sending judge will receive the next revocation for which they are eligible.

3.3.1.3. The sending judge shall sign an order transferring the case to the receiving judge. The judges, coordinators, and clerks shall then proceed as with any other case transfer.

3.4. Docket Notation

3.4.1. When it has been determined that a case is to be transferred from one court to another, the judge of the sending court shall enter a docket notation that the case is to be transferred and shall specify the court to which the case is to be transferred.

3.5. Transfer Order

3.5.1. After the docket notation is completed, the clerk of the sending court will prepare a transfer order, obtain the judge's signature, and cause the signed order and court case file to be timely delivered to the clerk of the receiving court. The clerk of the receiving court will obtain the receiving judge's signature on the transfer order. At that time, the receiving coordinator will set the case in the receiving court and complete the setting information on the bottom of the transfer order.

3.6. Entry of Transfer Order

3.6.1. The clerk of the receiving court will deliver the completed transfer order and the court file to the district clerk's office. The transfer order will be entered and verified in the records maintained by the Justice Information Management System. The entries in the court case file will be completed prior to data entry/data verification of the transfer order. A copy of the completed transfer order bearing the transaction number will be filed in the court's case file. Duplicate copies of the transfer order shall also be provided to the clerk of the receiving court for delivery to the assistant district attorney assigned to that court and to the defense attorney of record.

3.7. Justice Information Management System Update

3.7.1. The district clerk shall update the Justice Information Management System records with the case setting date of the receiving court, and shall enter the reason for the transfer. At that time, the setting record remaining in the transferring court will be closed.

L. R. Harris Cnty. Crim. Ct. 3

As amended through 10/22/2021; as amended through 12/9/2022.