W.D. Tex. Rule CR-16

(a) Discovery Conference and Agreement.

(1) The parties need not make standard discovery requests, motions, or responses if, not later than the deadline for filing pretrial motions (or as otherwise authorized by the court), they confer, attempt to agree on procedures for pretrial discovery, and sign and file a copy of the Disclosure Agreement Checklist appended to this rule.

(2) If the Disclosure Agreement Checklist indicates that a party intends to disclose, but does not currently possess, certain listed information, that party must disclose the information as soon as practicable.

(3) If the Disclosure Agreement Checklist indicates that a party refuses to disclose information, the other party may file motions regarding the undisclosed information within 14 days after filing of the checklist.

(4) Filing of the Disclosure Agreement Checklist does not preclude a party from filing motions relating to information not listed in the checklist.

(b) Timing of Discovery.

(1) Discovery deadlines. Unless otherwise ordered by the court, or agreed to by the parties in writing:

(A) The parties must provide discovery in connection with pretrial release or detention not later than the commencement of a hearing on pretrial release or detention;

(B) The parties must provide discovery in connection with a pretrial hearing, other than a pretrial release or detention hearing, not later than 48 hours before the hearing; and

(C) The parties must provide discovery in connection with trial, whether agreed to by the parties or otherwise required, not later than:

(i) 14 days after arraignment; or

(ii) if the defendant has waived arraignment, within 14 days after the latest scheduled arraignment date.

(2) Earlier disclosure. The court encourages prompt disclosure, including disclosure before the deadlines set out in this rule.

(3) Disclosure after motions deadline. The disclosure of information after the expiration of a motions deadline usually provides good cause for an extension of time to file motions based on that information.

(4) Continuing duty to disclose. The parties have a continuing duty to disclose promptly to opposing counsel all newly discovered information the party is required to disclose, or has agreed to disclose in the Disclosure Agreement Checklist.

(c) Late Disclosure.

(1) The late disclosure of material information under this rule is not usually a ground for exclusion of evidence, unless:

(A) the information was within the party’s possession, custody or control, and its existence was known, or by the exercise of due diligence could have been known, to the party’s attorney; and

(B) the party’s attorney has not made good faith efforts to obtain and disclose the information on time.

(2) If not excluded under subsection (c)(1), material information that is not timely disclosed usually provides good cause for:

(A) extending the time to file a motion or notice, or to request a hearing, based on the late-disclosed information;

(B) extending a deadline for reaching a plea-bargain agreement; and

(C) continuing the trial setting.