Court Rules

Southern District of Texas Adjournment & Extension Requirements

198 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances.

CRITICAL

A continuance may be requested by motion. The motion should concisely state the reason a continuance is being requested and the amount of additional time requested.

A continuance may be requested by motion. The motion should concisely state the reason a continuance is being requested and the amount of additional time requested.

Bankruptcy Alfredo R Pérez

CRITICAL

Continuances may only be requested by motion, which must state the reason for request; parties should contact the case manager upon filing.

A continuance may only be requested by motion. Parties are requested to contact the Court’s case manager as soon as the motion is filed. All motions for a continuance should concisely state the reason a continuance is being requested and the amount of additional time that is needed. Until a motion for continuance is granted, all parties should assume that no continuance will occur.

Bankruptcy Christopher M. Lopez

CRITICAL

All requests to continue a § 341 meeting should be submitted to the Trustee’s office prior to seeking a continuation of the meeting.

All requests to continue a § 341 meeting should be submitted to the Trustee’s office prior to seeking a continuation of the meeting.

Bankruptcy Eduardo V. Rodriguez

CRITICAL

Continuances must be requested by motion filed at least 3 business days prior to hearing (or state emergency nature), stating good cause, requested continuance length/dates, and served on interested parties with certificate of service; party agreement alone is not good cause.

A continuance may only be requested by motion. The motion must: A. be filed at least three business days prior to the hearing date (or state the nature of the emergency making it impossible to have filed it by that date); B. state good cause for the continuance; C. contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested, or the reasons why conferring was not possible or practical; D. state with as much detail as possible the length of the continuance requested, or the date or range of dates requested for the continued hearing; and E. be served on interested parties, including those parties known or expected to participate in the hearing. The parties must be served electronically, by facsimile, or by some other method reasonably calculated to provide immediate notice, along with a certificate of service. An agreement of the parties by itself is not good cause for a continuance. The Court may deny a continuance even if all parties have agreed to a continuance. Until a motion for continuance is granted, all parties should assume that no continuance will occur.

Bankruptcy Eduardo V. Rodriguez

CRITICAL

Non-calendar impacting deadline extensions may be agreed via written stipulation filed with court; all other extensions require written motion and court order.

If the parties wish to modify deadlines that do not impact the Court’s calendar, such as extensions of discovery deadlines or the date for filing an answer in an adversary proceeding prior to an initial scheduling conference, the parties may agree among themselves to such extensions without the necessity of a court order so long as the agreement is embodied in a writing (such as a stipulation) filed with the court. All other extensions, such as a party’s deadline to respond to a pending motion, or a request to change a hearing date, require a written motion and order from the Court.

Bankruptcy Eduardo V. Rodriguez

CRITICAL

Continuances require motion with affidavit of consent efforts if parties disagree; agreed continuances may be granted without motion.

Continuances may be requested and granted without a motion if all parties are in agreement. When all parties do not agree to a continuance, a continuance may only be requested by motion, and such motion requires an affidavit indicating the efforts the parties took to obtain consent to the continuance. The Court may deny a continuance request even if all parties have agreed to the continuance.

Bankruptcy Jeffrey P. Norman

CRITICALCivil cases

If the trustee does not recommend confirmation by the end of the initial § 341 meeting, the trustee must move for a continuance for good cause, dismissal for prejudicial unreasonable delay, or other requested relief.

If the trustee does not recommend confirmation by the conclusion of the initial § 341 meeting, the trustee will file a motion with the Court that (i) the confirmation hearing be continued for good cause; or (ii) the chapter 13 case be dismissed for unreasonable delay that is prejudicial to creditors; or (iii) such other relief as the chapter 13 trustee requests.

Bankruptcy Marvin Isgur

CRITICALCivil cases

A confirmation hearing may be continued beyond its initial setting only for good cause shown in a filed motion, and only the Court may grant the continuance.

a. Confirmation hearings will be continued beyond the initial setting only for good cause shown. A motion for continuance shall be filed setting forth the basis of the cause for the requested continuance. The chapter 13 Trustee is not authorized to grant a continuance of the confirmation hearing. Only the Court may grant a continuance of the confirmation hearing.

Bankruptcy Marvin Isgur

CRITICAL

C. A trial will NOT be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, video deposition, or by stipulation.

C. A trial will NOT be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, video deposition, or by stipulation.

Chief Judge Randy Crane

CRITICAL

Counsel agreements for continuances are not binding on the Court; continuances are granted only at the Court’s discretion.

A. Agreements or joint motions among counsel for continuances are not binding on the Court. Motions for Continuance will be granted only at the Court’s discretion.

Chief Judge Randy Crane

CRITICALCivil cases

Continuance requests for hearings must be submitted at least 48 hours before the scheduled date, except in truly unavoidable circumstances.

Any motion or request to continue a hearing must be submitted no later than forty-eight (48) hours before the scheduled setting, absent truly unavoidable circumstances. Requests made outside this timeframe may not be granted. If you do not receive notice of re-setting, please attend as scheduled.

Judge Alfred H. Bennett

CRITICALCivil cases

To continue a dispositive motion deadline or docket call date, parties must submit a motion with a reasonable explanation considering case age/status and prejudice to opposing party; agreed continuances are not binding and require an explanation of necessity.

To continue the dispositive motion deadline or docket call date, the parties must submit a motion detailing a reasonable explanation that takes into consideration the current age and status of the case and whether the opposing party is prejudiced by further delay. Agreed motions for continuance are not binding on the Court and should also include an explanation as to why the parties feel a continuance is necessary.

Judge Alfred H. Bennett

CRITICALCivil cases

Continuance or settlement motions must be filed no later than 7 days before docket call.

If the parties have settled the case or seek a continuance of the trial setting, they must file an appropriate motion no later than seven (7) days before docket call.

Judge Alfred H. Bennett

CRITICALCivil cases

Continuances of dispositive motion deadlines or docket call dates require a motion with explanation of case age/status and prejudice to opposing party; agreed continuances are not binding and need explanation.

To continue the dispositive motion deadline or docket call date, the parties must submit a motion detailing a reasonable explanation that takes into consideration the current age and status of the case and whether the opposing party is prejudiced by further delay. Agreed motions for continuance are not binding on the Court and should also include an explanation as to why the parties feel a continuance is necessary.

Judge Alfred H. Bennett

CRITICALCivil cases

Parties may agree to discovery deadline extensions without court approval if they do not affect dispositive motion or docket call dates.

The parties may agree to extensions of discovery deadlines without seeking court approval, so long as the extension does not affect the dispositive motion deadline or docket call date.

Judge Alfred H. Bennett

CRITICALCivil cases

Lead counsel actively engaged in litigation may seek an automatic 120-day continuance of trial setting for birth or adoption of a child.

Thus, any lead counsel who has been actively engaged in the litigation of a matter may seek an automatic continuance of a trial setting for up to 120 days for the birth or adoption of a child.

Judge Alfred H. Bennett

CRITICAL

Continuances of Scheduling and Docket Control Orders require showing of actual diligence and extraordinary circumstances; continuances in Section 10 matters only permitted for health exigencies or emergencies.

The Scheduling and Docket Control Order will be modified only upon a showing of actual diligence and extraordinary circumstances. It’s unlikely that any continuance will be allowed in matters under Section 10, absent genuine health exigencies or other emergency.

Judge Charles R. Eskridge III

CRITICAL

Scheduling orders cannot be altered solely by party agreement; court approval is required for continuances.

The scheduling order isn’t altered simply by agreement between the parties on continuance of deadlines.

Judge Charles R. Eskridge III

CRITICAL

Agreed extensions of motion submission dates must be notified via letter or email; proposed orders must account for other pending deadlines.

Advise by letter or email of any agreed extension of the submission date. Any proposed order for an agreed extension must also account for other pending deadlines.

Judge Charles R. Eskridge III

CRITICAL

Deadlines remain in effect when extension motions are filed; extension motions must be submitted well before impending deadlines.

Deadlines established by order remain in effect even upon the filing of a motion for extension. Submit such motions well in advance of any impending deadline.

Judge Charles R. Eskridge III

CRITICAL

Continuances of firm trial dates disfavored absent exigent circumstances; motions must establish good cause, other court trial settings not good cause unless counsel commenced trial there.

c. Continuances. Continuance of firm trial dates is disfavored absent exigent circumstances. Establish good cause in any motion seeking continuance. A trial setting in another court isn’t good cause unless lead or other primary counsel has commenced trial.

Judge Charles R. Eskridge III

CRITICALCivil cases

A continuance will be granted only upon a showing of actual diligence and extraordinary cause, even if jointly requested.

The parties are ADVISED that (i) no continuance will be granted, even upon joint motion, absent a showing of actual diligence and extraordinary cause, and (ii) discovery failures may result, at the appropriate time, in dismissal of claims or the striking of evidence or defenses.

Judge Charles R. Eskridge III

CRITICALCivil cases

Motions for extension of discovery must be filed before the discovery deadline.

Motions for extension of discovery must be filed in advance of the deadline.

Judge David Hittner

CRITICALCivil cases

Trial continuances are only granted for exceptional circumstances; agreed continuance motions are not binding, and continuances for witness unavailability are prohibited.

Continuances. Judge Hittner maintains a restrictive policy on trial continuances. A continuance will be granted only on the basis of exceptional circumstances. Joint or agreed motions for continuance are not binding on the Court and will not be granted as a routine matter. A trial will not be continued because of unavailability of a fact witness or an expert witness, including a medical witness. Counsel are expected to anticipate such possibility and be prepared to present testimony by written deposition, by videotaped deposition, or by stipulation, in accordance with applicable rules.

Judge David Hittner

CRITICAL

Motions to extend discovery deadlines must be filed sufficiently early to allow opposing counsel to respond before the original deadline.

Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.

Judge Drew B. Tipton

CRITICAL

Modifying scheduling orders requires a motion showing good cause; continuance agreements are not binding, and must include adjusted dates for all subsequent deadlines.

Approval required. The Court will modify the Scheduling Order only upon a motion establishing good cause. Agreements on continuance of deadlines do not bind the Court but are given due consideration. Requested changes must include recommended dates to adjust all deadlines following the first modification.

Judge Drew B. Tipton

CRITICAL

Agreed extensions of submission dates must be communicated via letter or email, with a proposed order maintaining other deadlines.

Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.

Judge Drew B. Tipton

CRITICAL

Continuances for missing witnesses are only granted if the witness was subpoenaed and failed to appear.

The Court will not recess to permit counsel to call a missing witness unless a witness fails to appear on subpoena.

Judge Drew B. Tipton

CRITICAL

Continuances for interpreter issues are only granted if a scheduled interpreter fails to appear.

The Court will not recess to permit counsel to obtain an interpreter unless a scheduled interpreter fails to appear.

Judge Drew B. Tipton

CRITICAL

Modification of the Scheduling Order requires a motion establishing good cause.

The Court will modify the Scheduling Order only upon a motion establishing good cause.

Judge Drew B. Tipton

CRITICAL

certain. Provide reasons justifying prompt attention. Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.

certain. Provide reasons justifying prompt attention. Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.

Judge Drew B. Tipton

CRITICALCivil cases

Extension requests must obtain court permission before submitting motion papers; lead counsel must personally confer on disputes prior to involving the court.

Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.

Judge Drew B. Tipton

CRITICALCivil cases

Motions for extension of discovery must be filed far enough in advance of the deadline to allow opposing counsel to respond before the deadline.

Motions for extension of discovery must be filed far enough in advance of the deadline so that opposing counsel may respond prior to the deadline.

Judge Ewing Werlein, Jr.

CRITICALCivil cases

Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.

Once the Court sets a date for trial, the Court will grant a continuance only for extraordinary circumstances. Joint motions for continuances are not binding on the Court. Trial will not be continued because of one or more witnesses’ unavailability.

Judge Fernando Rodriguez, Jr.

CRITICALCivil cases

Counsel may agree to extend discovery deadlines without court intervention; court will not grant discovery continuances for post-deadline discovered information absent exceptional circumstances.

Counsel may agree to continue discovery beyond the deadline, but the Court will not intervene. Absent exceptional circumstances, the Court will not grant a continuance because of information acquired in post-deadline discovery.

Judge Fernando Rodriguez, Jr.

CRITICALCriminal cases

Continuance motions must include applicable Speedy Trial Act exceptions and requested continuance length.

A Motion for Continuance must set out the relevant exception(s) to the Speedy Trial Act, where applicable, and set out the length of time for which the continuance is requested.

Judge Fernando Rodriguez, Jr.

CRITICALCriminal cases

Joint motions for continuances are not binding on the Court. Trial will not be continued because of the unavailability of one or more witnesses. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Joint motions for continuances are not binding on the Court. Trial will not be continued because of the unavailability of one or more witnesses. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge Fernando Rodriguez, Jr.

CRITICALCriminal cases

Unopposed or joint motions for continuance should be presented to the Case Manager prior to the scheduled sentencing hearing.

Unopposed or joint motions for continuance should be presented to the Case Manager prior to the scheduled sentencing hearing.

Judge Fernando Rodriguez, Jr.

CRITICAL

Extensions require good cause; first unopposed pre-deadline extensions usually granted, second case-by-case, third disfavored; post-deadline motions comply with FRCP 6(b)(2).

Counsel and pro se parties are directed to Federal Rule of Civil Procedure 6(b)(1), which allows extension of deadlines upon a showing of “good cause.” In most cases, the Court will be inclined to grant the first, unopposed motion to extend a particular deadline as a matter of courtesy, so long as that motion recites sufficient cause and is submitted before the deadline in question. Second motions for extension of time will be granted on a case-by-case basis. Third motions for extension of time are disfavored but will be granted in extraordinary circumstances. Motions made after a deadline should comply with Federal Rule of Civil Procedure 6(b)(2).

Judge George C. Hanks Jr.

CRITICAL

Requests to modify Docket Control Order dates must include recommendations for all subsequent date adjustments.

If a change to an existing Docket Control Order is requested, all parties shall submit recommendations for adjusting all dates in the Docket Control Order that follow the date sought to be modified.

Judge George C. Hanks Jr.

CRITICAL

Continuances and extensions are granted only at the Court’s discretion; joint agreements are not binding, and continuances for discovery disputes are rarely approved.

Agreements or joint motions among counsel for continuance or extensions of deadlines are not binding on the Court. Motions for continuance will be granted only at the Court’s discretion. The Court’s trial settings are usually firm, and continuances will rarely be granted because of discovery disputes.

Judge George C. Hanks Jr.

CRITICAL

Continuing the dispositive-motion deadline or the docket-call date requires a motion, and agreed motions for continuance are not binding on the court.

Continuing the dispositive- motion deadline or the docket-call date requires a motion. Agreed motions for continuance are not binding on the court.

Judge Jeffrey V. Brown

CRITICAL

Motions for continuance and motions to revise the docket-control order must include proposed dates.

Motions for continuance and motions to revise the docket-control order must include proposed dates.

Judge Jeffrey V. Brown

CRITICAL

Extensions of response and reply deadlines must be obtained by motion; a mere agreement between the parties is insufficient.

Any extension of these deadlines must be obtained by motion; though the court would be pleased to see that such a motion is unopposed, a mere agreement between the parties will be insufficient to extend the deadline.

Judge Jeffrey V. Brown

CRITICALCivil cases

Agreed extensions/continuances require submission of an agreed motion and proposed order; joint agreements are not binding on the Court.

Agreements or joint motions among counsel for deadline extensions or continuances are not binding on the Court. Parties must notify the Court of proposed agreed continuances by submitting an agreed motion and proposed order.

Judge John A. Kazen

CRITICALCivil cases

Scheduling Order deadlines may only be modified with court leave and good cause; modification requests must include a proposal adjusting all subsequent dates in the order.

The Scheduling Order will govern throughout the case. The Scheduling Order deadlines shall not be modified except by leave of this Court upon a showing of good cause. 3) If a modification to an existing Scheduling Order is requested, the parties shall submit a proposal for adjusting all dates in the Scheduling Order that follow the date the parties seek to modify.

Judge John A. Kazen

CRITICALCivil cases

Deadline extension and continuance motions must be filed before the controlling deadline; granted only at the Court's discretion.

Motions for deadline extensions and continuances of court settings must be filed prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on or after the date of the deadline, absent a showing of good cause, will not be granted.

Judge John A. Kazen

CRITICALCriminal cases

Motions for deadline extensions and continuances of court settings must be filed prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions that fail to comply with this rule, absent a showing of good cause, will not be granted.

Motions for deadline extensions and continuances of court settings must be filed prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions that fail to comply with this rule, absent a showing of good cause, will not be granted.

Judge John A. Kazen

CRITICALCriminal cases

Travel requests must be submitted to Chambers 5 business days before deadline, with exceptions for medical emergencies/funerals; copy to Probation required.

Travel requests must be submitted to Chambers a minimum of five (5) business days before the controlling deadline, with exceptions only for verifiable medical emergencies or funerals. Attorneys must also furnish Probation with both the request and documentary proof within the same five (5) business day timeframe, ensuring adequate time for Probation to verify and assess the request's merits. Requests will be granted at the Court’s discretion. Failure to comply with this rule, absent good cause, will result in the request being denied.

Judge John A. Kazen

CRITICALCriminal cases

Counsel may request up to 5 business days extension for PSI objections from Probation Office without court motion; longer extensions require immediate filing of motion to extend.

If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed. A sample proposed order is attached and is available on the Court’s website.

Judge John A. Kazen

CRITICALCivil cases

Witness unavailability is not grounds to continue trial; counsel should plan to present the testimony by deposition or stipulation.

B. A trial will not be continued because of the unavailability of a witness. Counsel are to anticipate such a possibility and present testimony by deposition or stipulation.

Judge John D. Rainey

CRITICAL

Parties requesting Real Time Transcription must notify the Court at least three weeks prior to trial.

Parties requesting Real Time Transcription must notify the Court at least three weeks prior to trial.

Judge Keith P. Ellison

CRITICAL

Discovery extension motions must be filed early enough for opposing counsel to respond before the discovery deadline.

Motions for extension of discovery must be filed sufficiently in advance of the discovery deadline that opposing counsel may respond prior to the deadline.

Judge Keith P. Ellison

CRITICAL

The submission date may be extended by agreement of counsel, except when the extension violates a Court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.

The submission date may be extended by agreement of counsel, except when the extension violates a Court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.

Judge Keith P. Ellison

CRITICAL

Pending motions, attorney conflicts, and incomplete discovery (without good faith showing) are invalid excuses for continuances or discovery deadline failures.

The following excuses will neither warrant a continuance nor justify a failure to comply with the discovery deadline: (i) the fact that there are motions for summary judgment or motions to dismiss pending; (ii) the fact that one or more of the attorneys is set for trial in another court on the same day, unless the other setting was made prior to the date of this order or was made as a special provision for the parties in the other case; (iii) the failure to complete discovery prior to trial, unless the parties can demonstrate that it was impossible to complete discovery despite their good faith effort to do so.

Judge Keith P. Ellison

CRITICALCivil cases

Counsel must comply with docket control orders unless granted relief via motion and good cause showing.

Counsel shall comply with the docket control order unless relieved from its terms by court order following motion and a showing of good cause.

Judge Kenneth M. Hoyt

CRITICALCivil cases

Trials are not automatically continued for expert or medical witness unavailability; counsel must use depositions or stipulations.

A trial will NOT automatically be continued because of the unavailability of an expert or medical witness. Counsel are expected to anticipate such possibilities and prepare to present such testimony by deposition or stipulation.

Judge Kenneth M. Hoyt

CRITICALCivil cases

Counsel must appear telephonically at docket call if no ruling received on pending continuance motion.

Where counsel have NOT been advised of a ruling on a motion for continuance, personal appearance is required telephonically or as deemed by the Court.

Judge Kenneth M. Hoyt

CRITICALCivil cases

Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted.

Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Scheduling Order deadlines may only be modified by leave of court upon showing good cause, and parties must submit recommendations for adjusting all subsequent dates when requesting a change.

The Scheduling Order will govern throughout the case. The Scheduling Order deadlines shall not be modified except by leave of this Court upon a showing of good cause. If a change to an existing Scheduling Order is requested, the parties shall submit recommendations for adjusting all dates in the Scheduling Order that follow the date the parties seek to modify.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Parties may agree to extend motion submission deadlines with prompt written notice and proposed order; extensions violating court deadlines require approval.

Parties may, by agreement, extend a motion submission day, but must give the Court prompt written notice of the agreement accompanied by a proposed order granting the extension. Parties’ agreed extensions in violation of a Court imposed deadline require Court approval.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Continuance motions must be filed at least 3 business days before controlling deadline; granted only at Court's discretion, denied if non-compliant without good cause.

Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Untimely responses without good cause are deemed concessions of the issue.

Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Continuances not granted for prior trial settings unless attorney has commenced trial in another court.

Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Extensions for PSI objection filing deadlines up to 5 business days may be requested from Probation Office without court motion; longer extensions require immediate filing of motion to extend.

If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Failure to appear at a scheduled setting may result in sanctions including dismissal for want of prosecution.

Failure to appear when notified of a setting may subject the attorney and/or his or her client to sanctions, including dismissal for want of prosecution and/or other appropriate order or judgment.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Agreed extensions of motion submission days require prompt written notice to court with proposed order; agreed extensions violating court deadlines need approval.

Parties may, by agreement, extend a motion submission day, but must give the Court prompt written notice of the agreement accompanied by a proposed order granting the extension. Parties’ agreed extensions in violation of a Court imposed deadline require Court approval.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Continuance motions require 3 business days notice; joint motions are not binding and require agreed motion and proposed order.

Motions for continuance must be filed at least THREE (3) business days prior to the date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance filed on the date of the deadline, absent a showing of good cause, will not be granted. B. Agreements or joint motions among counsel for continuance are not binding on the Court. Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order.

Judge Marina Garcia Marmolejo

CRITICALCivil cases

Scheduling Order deadlines may only be modified with court leave and a showing of good cause.

The Scheduling Order deadlines shall not be modified except by leave of this Court upon a showing of good cause.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Motions for continuance must be filed at least three business days before the controlling deadline and will be granted only at the Court's discretion; noncompliant motions, absent good cause, will not be granted.

Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court's discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Counsel may request up to 5 business days' extension from the U.S. Probation Office without a formal motion; longer extensions require an immediately filed motion to extend time, for which a sample proposed order is available on the Court's website.

If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed. A sample proposed order is attached and is available on the Court's website.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

The Government must request an extension of the 90-day victim identification deadline no later than 3 business days before it expires, and absent extraordinary circumstances the Court will extend it by only 30 additional days.

If the Government cannot meet this deadline, it must request an extension no later than three (3) business days before the deadline’s expiration. Absent extraordinary circumstances, the Court will extend this deadline by an additional thirty (30) days only.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Continuance motions must be filed at least 3 business days before the controlling deadline, or will be denied absent good cause.

Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Extensions of response deadlines must be requested timely; failure to respond timely without good cause is deemed a concession of the issue.

If additional time is needed, the responding party must timely request an extension consistent with these rules. Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Counsel may request up to 5 business days extension for PSI objections from Probation Office without a motion; extensions exceeding 5 business days require filing a motion to extend.

If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed.

Judge Marina Garcia Marmolejo

CRITICALCriminal cases

Trial continuances will not be granted due to witness unavailability.

A trial will not be continued because of the unavailability of a witness.

Judge Marina Garcia Marmolejo

CRITICAL

Modification of the Scheduling Order requires a motion establishing good cause, and requested changes must include recommended dates for all adjusted deadlines after the first modification.

The Court will modify the Scheduling Order only upon a motion establishing good cause. Agreements on continuance of deadlines do not bind the Court but are given due consideration. Requested changes must include recommended dates to adjust all deadlines following the first modification.

Judge Nicholas Jon Ganjei

CRITICAL

Agreed extensions of motion submission dates require notice by letter/email and a proposed order accounting for other deadlines.

Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension must account for other deadlines set by the Court.

Judge Nicholas Jon Ganjei

CRITICAL

Continuance of firm trial dates is disfavored absent exigent circumstances, and parties should establish good cause in any motion seeking continuance. A trial setting in another court is not considered good cause unless lead or other primary counsel has commenced trial. Continuance of a trial setting is unlikely in civil cases due to witness unavailability. Anticipate testimony by stipulation or by oral or written deposition under Rules 27, 30, and 31.

Continuance of firm trial dates is disfavored absent exigent circumstances, and parties should establish good cause in any motion seeking continuance. A trial setting in another court is not considered good cause unless lead or other primary counsel has commenced trial. Continuance of a trial setting is unlikely in civil cases due to witness unavailability. Anticipate testimony by stipulation or by oral or written deposition under Rules 27, 30, and 31.

Judge Nicholas Jon Ganjei

CRITICAL

Motions for extension of discovery must be filed sufficiently in advance to allow opposing counsel to respond before the deadline.

Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.

Judge Nicholas Jon Ganjei

CRITICALCivil cases

Requests to extend discovery deadlines or postpone trial must be signed by the attorney and party making the request.

all requests for extensions of deadlines from completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.

Judge Rolando Olvera

CRITICALCivil cases

Unopposed, agreed, or joint continuance motions and proposed orders are granted at court discretion and must include all parties' signatures.

Joint, Agreed, or Unopposed motions and proposed orders for continuance will be granted only at the Court’s discretion. Unopposed, Agreed or Joint motions and proposed orders must contain the signatures of all parties.

Judge Rolando Olvera

CRITICALCivil cases

Trial will not be continued because a witness, expert or otherwise, is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Trial will not be continued because a witness, expert or otherwise, is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge Rolando Olvera

CRITICALCivil cases

Continuances are granted only in extraordinary circumstances once a trial is scheduled.

Once a trial is scheduled, a continuance will be granted only in extraordinary circumstances.

Judge Rolando Olvera

CRITICALCivil cases

Counsel agreements to amend specified pretrial deadlines are invalid; all modifications require court order.

Moreover, agreements between counsel trying to amend deadlines for dispositive motions, replies, the final pretrial order, final pretrial conference, and jury selection will NOT be honored, and any modification of dates must be granted by the Court.

Judge Rolando Olvera

CRITICALCivil cases

Continuances for trial will only be granted in extraordinary circumstances after the trial is scheduled.

Once a trial is scheduled, a continuance will be granted only in extraordinary circumstances.

Judge Rolando Olvera

CRITICALCivil cases

Trial will not be continued because a witness, expert or otherwise, is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Trial will not be continued because a witness, expert or otherwise, is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge Rolando Olvera

CRITICALCriminal cases

All continuance motions must specify the requested duration and any applicable Speedy Trial Act exceptions.

All motions shall specify for how long the continuance is requested, as well as the relevant exception(s) to the Speedy Trial Act, 18 U.S.C. § 3161, if applicable.

Judge Rolando Olvera

CRITICALCriminal cases

Trial will not be continued just because a witness, expert or otherwise is unavailable. Counsel should anticipate these possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Trial will not be continued just because a witness, expert or otherwise is unavailable. Counsel should anticipate these possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge Rolando Olvera

CRITICALCriminal cases

Joint and unopposed motions for continuance are granted only at the Court’s discretion.

Joint and unopposed motions for continuance are granted only at the Court’s discretion.

Judge Rolando Olvera

CRITICAL

Joint continuance motions are not binding and will be granted only at the court's discretion.

Joint motions for continuance are not binding, and they will be granted at the court’s discretion.

Judge Sim Lake

CRITICAL

Motions to extend Docket Control Order deadlines are not classified as emergencies.

Motions for extension of deadlines in the Docket Control Order are not emergencies.

Judge Sim Lake

CRITICAL

Trial continuances are not granted for witness unavailability; counsel must use depositions or stipulations to present testimony.

A trial will not be continued because of the unavailability of a witness. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge Sim Lake

CRITICAL

Cases set for trial will not be adjourned due to prior trial settings unless the attorney has actually commenced trial in another court.

Unless an attorney has actually commenced trial in another court, prior trial settings will not cause a case to be passed after the court has set it for trial.

Judge Sim Lake

CRITICAL

Motions for continuance must be filed at least two weeks before the trial date set in the Scheduling and Docket Control Order.

The court will consider motions for continuance filed at least two weeks prior to the trial date provided in the Scheduling and Docket Control Order.

Magistrate Judge Christina A. Bryan

CRITICAL

Discovery extension motions must be filed sufficiently early to allow opposing counsel to respond before the discovery deadline.

Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.

Magistrate Judge Julie K. Hampton

CRITICAL

Agreed extensions of submission dates require notice via letter/email and a proposed order maintaining other court-set deadlines.

Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension that maintains other deadlines set by the Court.

Magistrate Judge Julie K. Hampton

CRITICAL

Discovery deadline extensions do not require approval if they do not affect the Docket Control Order or other court-set deadlines.

Parties may agree to extension of discovery deadlines without seeking approval when the extension does not affect the Docket Control Order or other deadlines set by the Court.

Magistrate Judge Julie K. Hampton

CRITICAL

Modification of Scheduling Order requires a motion establishing good cause.

The Court will modify the Scheduling Order only upon a motion establishing good cause.

Magistrate Judge Julie K. Hampton

CRITICAL

Continuance requests must include recommended dates for all adjusted deadlines after the first modification.

Requested changes must include recommended dates to adjust all deadlines following the first modification.

Magistrate Judge Julie K. Hampton

CRITICAL

The court only considers motions for continuance filed at least two weeks before the trial date specified in the Scheduling and Docket Control Order.

The court will consider motions for continuance filed at least two weeks prior to the trial date provided in the Scheduling and Docket Control Order.

Magistrate Judge Richard W. Bennett

CRITICAL

Motions for extension of deadlines are not considered emergencies.

Motions for extension of deadlines, including those specified in the scheduling order, are not emergencies.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Trial settings are firm; continuances rarely granted for discovery disputes.

The Court’s trial settings are usually firm. Continuances will rarely be granted because of discovery disputes.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Joint continuance/extension motions are not binding; continuances granted only at Court’s discretion.

Agreements or joint motions among counsel or the parties for continuance or extensions of deadlines are not binding on the Court. Motions for continuance will be granted only at the Court’s discretion.

Magistrate Judge Yvonne Y. Ho

CRITICAL

The Court will not continue a previously scheduled trial setting unless counsel has commenced trial in another court.

Unless counsel has commenced trial in another court, the Court will not continue a previously scheduled trial setting.

Magistrate Judge Yvonne Y. Ho

CRITICAL

Trial will not be continued due to witness unavailability; counsel must anticipate witness availability issues.

Trial will not be continued because a witness is unavailable. Counsel must anticipate such possibilities.

Magistrate Judge Yvonne Y. Ho

CRITICALCriminal cases

A trial will not be continued because a witness, expert, or other party is unavailable.

Trial will not be continued because a witness, expert, or other party is unavailable.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

A motion requesting a continuance must state the requested length of the continuance.

All motions shall set out the length of time for which the continuance is requested.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

Continuance motions must be filed at least three business days before the court setting; same-day motions require good cause and remain subject to the Court’s discretion.

Motions for continuance must be filed at least three (3) business days prior to the date of the court setting and will be granted only at the Court’s discretion. Motions for continuance made on the day the matter is set will not be granted absent a showing of good cause.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Extensions of Scheduling and Docket Control Order deadlines are not considered emergencies.

Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Extension and trial postponement requests must be signed by the attorney and party making the request.

All requests for extensions of deadlines from completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Continuances granted only in extraordinary circumstances once trial is scheduled.

Once a trial is scheduled, a continuance will only be granted in extraordinary circumstances.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Continuances not granted for expert or medical witness unavailability; use depositions or stipulations instead.

A trial will not be continued because an expert or medical witness is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Late motions, responses, or replies must include a motion for leave explaining the delay; only granted for good cause, and late filings without leave will not be considered.

Any motion, response, or reply filed after the time limits contained in these rules must be accompanied by a motion for leave to file that explains why the document was not timely filed. The Court will only grant a motion for leave to file a motion, response, or reply late if good cause is shown. A motion, response, or reply filed late, and not accompanied by a motion for leave, will not be considered.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Extensions of certain pretrial deadlines are prohibited, while other deadlines may be extended with all parties' agreement and a filed signed letter.

Agreements between counsel changing deadlines for dispositive motions, replies thereto, final pretrial order, final pretrial conference, and jury selection will not be honored. Counsel may change other deadlines, if all parties agree and a letter memorializing the change signed by counsel for all the parties is filed with the Court.

Senior Judge Andrew S. Hanen

CRITICALCriminal cases

Continuance motions require 3 business days' notice; same-day motions need good cause.

Motions for continuance must be filed at least three (3) business days prior to the date of the court setting and will be granted only at the Court’s discretion. Motions for continuance made on the day the matter is set will not be granted absent a showing of good cause.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

All requests for extensions of discovery deadlines or postponement of trial must be signed by both the attorney and the party making the request.

Counsel are reminded that, as required by The Civil Justice Reform Act of 1990, 28 U.S.C. § 473(b)(3), the Cost and Delay Reduction Plan, “all requests for extensions of deadlines from completion of discovery or for postponement of the trial [must] be signed by the attorney and the party making the request.”

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Once a trial is scheduled, a continuance will be granted only in extraordinary circumstances.

once a trial is scheduled, a continuance will only be granted in extraordinary circumstances.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Motions to extend discovery deadlines must be filed far enough in advance of the deadline to allow opposing counsel to respond before it expires.

Motions for extension of discovery deadlines must be filed far enough in advance of the deadline so that opposing counsel may respond prior to the deadline.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Other case management plan deadlines may be changed only if all parties agree and a letter signed by all counsel memorializing the change is filed with the Court.

Counsel may change other deadlines, if all parties agree and a letter memorializing the change signed by counsel for all the parties is filed with the Court.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

Agreements between counsel cannot change deadlines for dispositive motions, replies thereto, the final pretrial order, the final pretrial conference, or jury selection.

Counsel are advised to give these dates careful consideration as the Court will not automatically honor agreements between counsel to alter such dates in the case management plan. Agreements between counsel changing deadlines for dispositive motions, replies thereto, final pretrial order, final pretrial conference, and jury selection will not be honored.

Senior Judge Andrew S. Hanen

CRITICALCivil cases

The Court will not grant a continuance based on information obtained from discovery conducted after the discovery deadline.

No continuance will be granted because of information acquired in post-deadline discovery.

Senior Judge Andrew S. Hanen

CRITICAL

Joint motions for continuances are not binding and are granted at the court's discretion.

Joint motions for continuances are not binding and will be granted at the court’s discretion.

Senior Judge Lee H. Rosenthal

CRITICAL

Extension motions for discovery deadlines must be filed early enough for opposing counsel to respond before the original deadline.

Motions for extension of a discovery deadline must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.

Senior Judge Lee H. Rosenthal

CRITICAL

Parties may agree to extend a motion-submission date without the court’s leave except when the extension violates a deadline imposed by a court order in the case (as opposed to the submission-date deadline set by applying the Local Rules). Counsel should immediately notify the case manager, in writing, of an agreement.

Parties may agree to extend a motion-submission date without the court’s leave except when the extension violates a deadline imposed by a court order in the case (as opposed to the submission-date deadline set by applying the Local Rules). Counsel should immediately notify the case manager, in writing, of an agreement.

Senior Judge Lee H. Rosenthal

CRITICAL

If a motion is pending and requires decision on an expedited basis or by a certain date, please advise the court in writing, setting out the reasons the motion requires prompt attention, such as an approaching docket call.

If a motion is pending and requires decision on an expedited basis or by a certain date, please advise the court in writing, setting out the reasons the motion requires prompt attention, such as an approaching docket call.

Senior Judge Lee H. Rosenthal

CRITICAL

Continuances are not granted after trial is set unless the attorney has begun trial in another court.

Unless an attorney has actually begun trial in another court, prior trial settings will not cause a case to be continued or passed after the court has set it for trial.

Senior Judge Lee H. Rosenthal

CRITICAL

A trial will generally not be continued because a witness is unavailable. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

A trial will generally not be continued because a witness is unavailable. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Senior Judge Lee H. Rosenthal

WARNINGCivil cases

Absent exceptional circumstances, a confirmation hearing will not be continued to a date more than 180 days after the Chapter 13 case began.

b. Absent exceptional circumstances, the hearing on confirmation of the debtor(s)’ plan will not be continued to a date that is after 180 days after the commencement of the chapter 13 case.

Bankruptcy Marvin Isgur

WARNING

Word limit extensions are rarely granted and must be sought well in advance of deadlines.

Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of filing deadlines.

Judge Charles R. Eskridge III

WARNING

Continuances of trial settings unlikely in civil cases for witness unavailability; use stipulations or depositions for testimony.

Continuance of a trial setting is unlikely in civil cases due to witness unavailability. Anticipate testimony by stipulation or by oral or written deposition under Rules 27, 30, and 31.

Judge Charles R. Eskridge III

WARNINGCivil cases

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing of such an agreement.

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should immediately notify the Case Manager, in writing of such an agreement.

Judge Ewing Werlein, Jr.

WARNINGCivil cases

Joint motions for continuance are not binding and are granted only at the Court's discretion.

Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.

Judge Ewing Werlein, Jr.

WARNINGCivil cases

Extension requests for scheduling order deadlines should be made before the deadline expires; late requests are disfavored.

A party should present a request for an extension of a deadline in the Scheduling Order before the expiration of the deadline. The Court will look with disfavor upon a request for an extension after the deadline has passed.

Judge Fernando Rodriguez, Jr.

WARNING

Vacation requests will be respected if made well in advance of a trial setting or hearing date.

Vacation requests will be respected if they are made well in advance of a trial setting or hearing date.

Judge Jeffrey V. Brown

WARNING

Parties may agree to extend discovery and expert deadlines without court approval unless the extension affects the dispositive-motion deadline or the docket-call date.

The parties may agree to extensions of discovery and expert deadlines without seeking court approval, so long as the extension does not affect the dispositive-motion deadline or the docket-call date.

Judge Jeffrey V. Brown

WARNINGCivil cases

A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge John A. Kazen

WARNINGCriminal cases

Trial continuances generally not granted due to witness unavailability.

A trial generally will not be continued because of the unavailability of a witness.

Judge John A. Kazen

WARNINGCivil cases

A joint motion for continuance does not bind the Court, which decides whether to grant it.

A. Joint Motions for Continuance are not binding and will be granted only at the Court's discretion.

Judge John D. Rainey

WARNINGCivil cases

Counsel may extend a motion submission date by agreement unless doing so violates a court-imposed deadline, and must notify the Case Manager in writing.

B. The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Notify the Case Manager, in writing, of an agreement.

Judge John D. Rainey

WARNINGCivil cases

An extension of the 30-day period for submitting closing papers may be granted upon written request.

An extension of the 30-day period may be granted upon written request.

Judge John D. Rainey

WARNING

Joint continuance motions are not binding and are granted only at the Court's discretion.

Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.

Judge Keith P. Ellison

WARNING

Joint continuance motions are not binding and will only be granted at the court's discretion.

Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.

Judge Keith P. Ellison

WARNING

Continuances are disfavored if counsel do not promptly notify the Court of scheduling difficulties.

If no such communication is promptly received by the Court, continuances are disfavored.

Judge Keith P. Ellison

WARNING

The submission date may be extended by agreement of counsel, except when the extension violates a Court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.

The submission date may be extended by agreement of counsel, except when the extension violates a Court-imposed deadline. Counsel should immediately notify the Case Manager, in writing, of such an agreement.

Judge Keith P. Ellison

WARNINGCivil cases

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel are to notify the Case Manager, in writing, of an agreement and submit an appropriate order.

The submission date may be extended by agreement of counsel except when the extension violates a court-imposed deadline. Counsel are to notify the Case Manager, in writing, of an agreement and submit an appropriate order.

Judge Kenneth M. Hoyt

WARNINGCivil cases

Joint continuance stipulations are not binding and granted only at court's discretion.

Agreements, stipulations or joint motions for continuances among counsel are NOT binding on the Court and will be granted at the Court=s discretion.

Judge Kenneth M. Hoyt

WARNINGCivil cases

A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

Trial continuances will not be granted due to witness unavailability.

A trial will not be continued because of the unavailability of a witness.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

Responding parties needing more time must request an extension consistent with court rules.

If additional time is needed, the responding party must timely request an extension consistent with these rules.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

A trial will not be continued because of the unavailability of a witness.

A trial will not be continued because of the unavailability of a witness.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.

Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

A responding party needing additional time must timely request an extension consistent with the court's rules.

If additional time is needed, the responding party must timely request an extension consistent with these rules.

Judge Marina Garcia Marmolejo

WARNINGCriminal cases

Jury selection is typically third week of each month; continuances not granted for prior trial settings unless attorney is in another trial.

Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.

Judge Marina Garcia Marmolejo

WARNING

Continuances based on failure to complete discovery are disfavored, with potential sanctions for discovery failures.

g. Discovery Continuances Disfavored: Continuances due to failure to complete discovery are disfavored. Rather than grounds for continuance, discovery failures may result in the striking of evidence, dismissal of claims, or the striking of defenses.

Judge Nicholas Jon Ganjei

WARNING

Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of the filing deadlines.

Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of the filing deadlines.

Judge Nicholas Jon Ganjei

WARNING

Joint motions for continuances do not bind the Court and will be granted only at the Court's discretion.

Joint motions for continuances are not binding, and they will be granted only at the discretion of the Court.

Magistrate Judge Juan F. Alanis

WARNING

Joint motions for continuances are not binding and are granted only at the Court's discretion.

Joint motions for continuances are not binding, and they will be granted only at the discretion of the Court.

Magistrate Judge Nadia S. Medrano

WARNING

Party agreements or joint motions for continuances or extensions are not binding; continuances are granted only at the Court's discretion.

Agreements or joint motions among counsel or the parties for continuance or extensions of deadlines are not binding on the Court. Motions for continuance will be granted only at the Court's discretion.

Magistrate Judge Yvonne Y. Ho

WARNING

Motions for extension of deadlines, including scheduling-order deadlines, are not considered emergencies.

Motions for extension of deadlines, including those specified in the scheduling order, are not emergencies.

Magistrate Judge Yvonne Y. Ho

WARNING

Trial settings are usually firm and continuances are rarely granted due to discovery disputes.

The Court's trial settings are usually firm. Continuances will rarely be granted because of discovery disputes.

Magistrate Judge Yvonne Y. Ho

WARNINGCriminal cases

Joint continuance motions are not binding and are granted only at the Court’s discretion.

Joint motions for continuances are not binding, and they will be granted only at the Court’s discretion.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Discovery extension motions must be filed early enough for opposing counsel to respond before the deadline.

Motions for extension of discovery deadlines must be filed far enough in advance of the deadline so that opposing counsel may respond prior to the deadline.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies and may not be treated as such.

Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

A trial will not be continued because an expert or medical witness is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

A trial will not be continued because an expert or medical witness is unavailable. Counsel should anticipate such possibilities and be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Counsel may extend the discovery deadline by agreement, but the Court will not intervene in or approve such extensions.

Counsel may agree to continue discovery beyond the deadline, but there will be no intervention by the Court.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

Joint motions for continuances are not binding on the Court and will be granted only at the Court's discretion.

Joint motions for continuances are not binding on the Court, and they will be granted only at the Court’s discretion.

Senior Judge Andrew S. Hanen

WARNINGCivil cases

The Court will not recess so counsel can call a missing witness unless that witness was subpoenaed and failed to appear.

Counsel should bear in mind the Court's hours and arrange for witnesses accordingly. The Court will not recess to permit counsel to call a missing witness unless he or she has been subpoenaed and has failed to appear.

Senior Judge Andrew S. Hanen

INFO

Discovery deadline extensions may be made by written party agreement without court involvement; agreements need not be filed.

Discovery deadlines within the Scheduling Order may be extended by agreement in writing between the parties without Court involvement. Any such agreement need not be filed with the Court.

Chief Judge Randy Crane

INFOCivil cases

Lead counsel actively engaged in the litigation may seek an automatic continuance of up to 120 days for the birth or adoption of a child.

Thus, any lead counsel who has been actively engaged in the litigation of a matter may seek an automatic continuance of a trial setting for up to 120 days for the birth or adoption of a child.

Judge Alfred H. Bennett

INFOCivil cases

Parties may agree to extend discovery deadlines without court approval if the extension does not affect the dispositive motion deadline or docket call date.

The parties may agree to extensions of discovery deadlines without seeking court approval, so long as the extension does not affect the dispositive motion deadline or docket call date.

Judge Alfred H. Bennett

INFO

Plaintiff may request a reasonable continuance if service has not been perfected.

Plaintiff may also request reasonable continuance if it hasn’t perfected service.

Judge Charles R. Eskridge III

INFO

Motions for extension of deadlines and discovery disputes are not considered emergencies.

Motions for extension of deadlines aren’t emergencies. Neither are discovery disputes. See Section 15.

Judge Charles R. Eskridge III

INFO

Parties may agree to extend discovery deadlines without court approval if the extension does not affect the scheduling order or other ordered deadlines.

Parties may agree to extension of discovery deadlines without seeking approval when the extension doesn’t affect the scheduling order or other ordered deadline.

Judge Charles R. Eskridge III

INFO

Motions for extension of deadlines do not qualify as emergency motions.

Motions for extension of deadlines are not emergencies.

Judge Drew B. Tipton

INFO

Plaintiff may request a reasonable continuance of the scheduling conference if service has not been perfected.

Plaintiff may request a reasonable continuance if it has not perfected service.

Judge Drew B. Tipton

INFO

The court accommodates vacation and family-related continuance requests if made well in advance of hearings or trials.

Vacation requests. The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.

Judge Drew B. Tipton

INFO

Agreed extensions of discovery deadlines require no approval if they do not affect the Scheduling Order or other court-set deadlines.

Parties may agree to extension of discovery deadlines without seeking approval when the extension does not affect the Scheduling Order or other deadlines set by the Court.

Judge Drew B. Tipton

INFO

Vacation and family-related continuance requests are accommodated if submitted well in advance of the hearing or trial.

The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.

Judge Drew B. Tipton

INFOCivil cases

Motions for extension of deadlines or cut-off dates are not treated as emergencies.

Motions for extension of deadlines or cut-off dates are not emergencies.

Judge Ewing Werlein, Jr.

INFOCivil cases

Bona fide vacation requests will be respected.

Bona fide vacation requests will be respected.

Judge Ewing Werlein, Jr.

INFO

Motions to extend Docket Control Order deadlines or cut-off dates are not classified as emergencies.

Motions for extension of deadlines or cut-off dates in the Docket Control Order are not emergencies.

Judge George C. Hanks Jr.

INFOCivil cases

Motions to extend Scheduling Order deadlines or cut-off dates are not classified as emergencies.

Motions for extension of deadlines or cut-off dates in the Scheduling Order are not emergencies. (See Section 4 below.)

Judge John A. Kazen

INFO

Bona fide vacation requests will be respected.

Bona fide vacation requests will be respected.

Judge Keith P. Ellison

INFO

Bona fide vacation requests for continuances will be respected by the court.

Bona fide vacation requests will be respected.

Judge Keith P. Ellison

INFOCivil cases

The Court will attempt to accommodate vacation requests provided that they are submitted, by letter, to the Case Manager well in advance of the applicable court setting.

The Court will attempt to accommodate vacation requests provided that they are submitted, by letter, to the Case Manager well in advance of the applicable court setting.

Judge Kenneth M. Hoyt

INFOCivil cases

Motions to extend deadlines or cut-off dates are not considered emergencies.

Motions to extend filing deadlines or Acut-off@ dates are not emergencies.

Judge Kenneth M. Hoyt

INFOCivil cases

Motions to extend scheduling order deadlines are not considered emergencies.

Motions for extension of deadlines or cut-off dates in the Scheduling Order are not emergencies. (See Continuances, Section 4 below.)

Judge Marina Garcia Marmolejo

INFO

The Court will accommodate vacation and family-related continuance requests if made well in advance of the hearing or trial.

The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.

Judge Nicholas Jon Ganjei

INFO

Parties may extend discovery deadlines by agreement without court approval if the extension does not impact the Scheduling Order or other court-set deadlines.

Parties may agree to extension of discovery deadlines without seeking approval when the extension does not affect the Scheduling Order or other deadlines set by the Court.

Judge Nicholas Jon Ganjei

INFO

Vacation and family-related continuance requests are accommodated if made well in advance of the hearing or trial.

The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.

Magistrate Judge Julie K. Hampton

INFO

Party agreements on continuance of deadlines are not binding on the Court but are considered.

Agreements on continuance of deadlines do not bind the Court but are given due consideration.

Magistrate Judge Julie K. Hampton

INFO

Plaintiff may request a reasonable continuance of the scheduling conference if service has not been perfected.

Plaintiff may request a reasonable continuance if it has not perfected service.

Magistrate Judge Julie K. Hampton

INFO

Parties may extend discovery beyond the scheduling order deadline by agreement without court permission.

The parties may, by agreement, continue discovery beyond the deadline.

Magistrate Judge Yvonne Y. Ho

INFO

Vacation requests for court settings are respected if presented well in advance.

Vacation requests will be respected if presented well in advance of a court setting.

Senior Judge Lee H. Rosenthal

INFO

Cases not reached on their trial date will be reset as soon as practicable.

If a case is not reached for trial when set, it will be reset as soon as practicable.

Senior Judge Lee H. Rosenthal

INFO

Motions to extend deadlines are not typically considered emergencies.

Motions to extend deadlines are generally not emergencies.

Senior Judge Lee H. Rosenthal

CRITICAL

Trial dates rescheduled if prompt notice of scheduling difficulties; continuances disfavored without prompt communication.

Exact trial dates will be given. The Court will reschedule a trial date within the first few days after it has been set, if counsel become aware of scheduling difficulties among themselves, their clients, or witnesses. If no such communication is promptly received by the Court, continuances are disfavored.

Judge Keith P. Ellison
Common questions about Southern District of Texas adjournment & extension requirements

How do I request an adjournment or extension in Southern District of Texas?

Judge Rolando Olvera: Requests to extend discovery deadlines or postpone trial must be signed by the attorney and party making the request.

View ruleOfficial source Source: page 3, section CONTINUANCE

Bankruptcy Marvin Isgur: If the trustee does not recommend confirmation by the end of the initial § 341 meeting, the trustee must move for a continuance for good cause, dismissal for prejudicial unreasonable delay, or other requested relief.

View ruleOfficial source Source: page 2, section Procedures at § 341 Meetings

Chief Judge Randy Crane: C. A trial will NOT be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, video deposition, or by stipulation.

View ruleOfficial source Source: page 7, section Continuances

195 more rules answer this question.