I realize that defense counsel is entitled to a list of the state's witnesses when they are known prior to trial, but does this extend to MTS hearings as well?

Thanks

It depends on when your Motion to Suppress is. If it's at the morning of trial...

However, a suppression hearing - as far as I know - is not trial, nor does does the defendant have same rights attached at trial.

If a defendant wants your witnesses, the proper vehicle is a motion for discovery. The judge may order when and where for you to produce that information. Absent that order, you don't have an obligation to provide it basically until trial.

Even if you don't give the list of witnesses, and the defense thinks you should be penalized, what can the judge do? Exclude their testimony at the hearing? You would appeal that.

Why would a defendant need advance notice of witnesses testifying at a suppression hearing? There is no harm. And the rules of evidence don't apply to this hearing. It can even be conducted by writing and affidavits.

Permitting testimony from a witness whose name is not on the list of the State's witnesses in compliance with the defendant's motion for discovery may be harmless error. Indeed, lack of bad faith alone will support a trial court's ruling allowing a nonlisted witness to testify.
See Tex. Jur. 3d, Criminal Procedure: Post-Trial Proceedings � 39



Vernon's Ann.Texas C.C.P. Art. 39.14

(b) On motion of a party and on notice to the other parties, the court in which an action is pending may order one or more of the other parties to disclose to the party making the motion the name and address of each person the other party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence. The court shall specify in the order the time and manner in which the other party must make the disclosure to the moving party, but in specifying the time in which the other party shall make disclosure the court shall require the other party to make the disclosure not later than the 20th day before the date the trial begins.