Chapter 33: The Mode of Trial

Article 33.01: Jury Size

  • General Rule: In district courts, the jury consists of twelve qualified jurors.

  • County Courts and Inferior Courts: The jury consists of six qualified jurors.

  • Misdemeanor Offenses: A district court jury for misdemeanor cases shall consist of six qualified jurors.

  • Legislative History: This rule was established by Acts 1965, 59th Legislature, and amended in 2003.

Article 33.011: Alternate Jurors

  • District Courts: The judge may call up to four alternate jurors.

  • County Courts: The judge may call up to two alternate jurors.

  • Role of Alternate Jurors: They replace jurors who can no longer serve before a verdict is rendered. Their qualifications, examination, and functions are the same as regular jurors.

  • Discharge: Alternate jurors not used will be discharged once the jury reaches a verdict.

  • Legislative History: Established by Acts 1983 and later amended in 2007.

Article 33.02: Failure to Register

  • Jury Service Qualification: Failure to register to vote does not disqualify a person from serving on a jury.

  • Legislative History: Established by Acts 1965 and amended in 1981.

Article 33.03: Presence of Defendant

  • Felony Trials: The defendant must be personally present at trial.

  • Misdemeanor Cases: Presence is required when punishment includes jail time. However, if the defendant absents themselves after pleading, the trial may continue.

  • Presumption of Presence: If the defendant was present at any part of the trial, it is presumed they were present throughout unless evidence suggests otherwise.

  • Exemption: The defendant's presence is not required at new trial hearings in misdemeanor cases.

  • Legislative History: This was established in 1965 and amended in 1979.

Article 33.04: May Appear by Counsel

  • Counsel Representation: In other misdemeanor cases, the defendant may appear through counsel with the state's attorney's consent, allowing the trial to proceed without the defendant’s physical presence.

  • Legislative History: Established in 1965.

Article 33.05: On Bail During Trial

  • Conditions of Bail: If a defendant is on bail when trial starts, that bail is discharged if they are acquitted. If found guilty, discharge terms for bail will follow other provisions of the Code.

Article 33.06: Sureties Bound in Case of Mistrial

  • Mistrial: In the event of a mistrial in a felony case, original sureties remain responsible for the defendant's appearance until proper surrender occurs, as outlined in the Code.

  • Legislative History: Established in 1965.

Article 33.07: Record of Criminal Actions

  • Court Records: Each court clerk must maintain a record documenting each criminal action’s style, file number, nature of offense, counsel names, proceedings, and relevant dates.

  • Legislative History: Established in 1965 and amended in 2007.

Article 33.08: To Fix Day for Criminal Docket

  • Control of Dockets: Both district courts and county courts manage their dockets concerning the scheduling of criminal cases.

  • Legislative History: Established in 1965.

Article 33.09: Jury Drawn

  • Selection Process: Jury panels for criminal trials are selected and summoned similarly to civil trial panels, barring any specific provisions in this Code.

  • Legislative History: Established in 1965.