Art. 40.06 STATE MAY CONTROVERT MOTION

This rule no longer exists. It used to be part of the Texas Code of Criminal Procedure, but the Texas Court of Criminal Appeals removed it when the state adopted the Texas Rules of Appellate Procedure. That change took effect on September 1, 1986.

Before it was repealed, this rule dealt with how the state could challenge or dispute a motion filed in a criminal case. Since it has been repealed, it no longer applies to any case today. If you're looking at old case law or documents that reference this rule, keep in mind that any procedures it once described have been replaced by the current Texas Rules of Appellate Procedure.

If you're dealing with a current legal matter, you'll want to look at the rules that are actually in effect now, not this repealed article. A lawyer or court clerk can point you to the correct, up to date rule that covers this kind of issue today.