This past Friday, our Office found out that our local defense bar intends to propose to the Board of Judges a Standing Discovery Order on DWI's. We haven't seen it yet, but from the discussion, we surmise that it will encompass mostly documents sought from labs that do blood and/or breath tests; and it seems like it's going to be extremely broad. One of the members of the defense bar stated that these types of Standing Orders have already been approved by the Boards of Judges in Bexar and Harris Counties. This is all the detail I have right now. Anyone know of a County that has to comply with such a Standing Discovery Order? Better yet, anyone have a sample?

After a year of fighting on the issues of discovery re: blood testing in DWI cases, we reached an agreement that involves the lab turning over most of the requested items. I don't know if we've finalized the order and whether it will be a standing order or simply a standard order which will be signed upon request in any given case. I'll check up and let you know the details.

Sent you an e-mail.

So-called standard or standing orders for "discovery" were improper under the former version of art. 39.14. In re Watkins, 367 S.W.3d 932 (Tex.App.-Dallas 2012, orig. proceeding). There is now no provision for the courts to order discovery, except where something is redacted under subsection (c). This attempt to circumvent art. 39.14 should be resisted, as it is the exclusive provision for pretrial discovery in Texas.

Martin beat me to it, so I will merely re-emphasize that your judges cannot impose such orders upon the parties absent their consent; see CCP Art. 39.14(n), which grants that power to the parties, *not* the court.