The problem is there is a defense attorney who will sometimes (frequently enough that I am resorting to this forum) file motions and not serve them on the prosecution. In drafting a motion for sanctions, WHERE is the requirement that all pleadings in a criminal case be served on the opposing party / counsel? The civil rule (21) is easy to find, but I can't find the criminal case equivalent, only the rules re: service of the indictment, etc. ... please help.

Do you have local rules that require such service?

In the absence of an express rule of procedure, common law prevails. Tex. Code Crim. Pro. art. 1.27.

No local rule, but I could have sworn I saw this in the CCP somewhere a few years ago... thought my age was starting to cause memory loss. Thanks JB.

You are thinking of Article 1.052 (b) & (e).

Have to wonder if failure to serve the State creates an ethical violation. Sort of an ex parte communication?

I looked at CCP 1.052 (b) and (e) before my initial post, but could not find a specific requirement for SERVICE, only for signing, good faith, etc. Motion for sanctions will argue common law violation. And yes, definitely an ex parte communication to obtain an order on a motion without any hearing, without opposing party getting a copy of the motion, and without any notice of a hearing. Thanks again.

A lawyer shall not:

(b) except as otherwise permitted by law and not prohibited by applicable rules of practice or procedure, communicate or cause another to communicate ex parte with a tribunal for the purpose of influencing that entity or person concerning a pending matter other than:

(2) in writing if he promptly delivers a copy of the writing to opposing counsel or the adverse party if he is not represented by a lawyer.

Those basic "Well, everyone knows THAT" issues are always the hardest to look up--my sympathies are with you!

I admit it has been quite a few years since I did criminal defense but I remember always doing a certificate of service (just like civil). If your defense attorney is doing a certificate of service and signing it and then NOT serving it, seems that you can get him with that.