Court Rules

Southern District of Texas Adjournment & Extension Requirements

161 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances. This page is scoped to Southern District of Texas; use the court rules overview to switch categories without leaving this court.

Continuances must be requested by motion, which must state the reason for the request and the additional time needed.

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 PérezCRITICAL

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. LopezCRITICAL

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. RodriguezCRITICAL

Requests to continue § 341 meetings must be submitted to the Trustee’s office before seeking a continuance.

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. RodriguezCRITICAL

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. RodriguezCRITICAL

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. NormanCRITICAL

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 CraneCRITICAL

Trials will not be continued due to witness unavailability; counsel must use alternative methods like depositions or stipulations.

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 CraneCRITICAL

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. BennettCRITICAL

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. BennettCRITICAL

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. BennettCRITICAL

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. BennettCRITICAL

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. BennettCRITICAL

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. BennettCRITICAL

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 IIICRITICAL

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 IIICRITICAL

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 IIICRITICAL

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 IIICRITICAL

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 IIICRITICAL

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 HittnerCRITICAL

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 HittnerCRITICAL

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. TiptonCRITICAL

Agreed extensions of motion submission dates must be communicated by letter or email with reasons and a proposed order maintaining other deadlines.

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. TiptonCRITICAL

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. TiptonCRITICAL

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. TiptonCRITICAL

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. TiptonCRITICAL

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. TiptonCRITICAL

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. TiptonCRITICAL

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. TiptonCRITICAL

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

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

Extensions of discovery/expert deadlines not affecting dispositive/docket-call dates don't need court approval; extensions affecting those dates require a motion.

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. Continuing the dispositive-motion deadline or the docket-call date requires a motion.

Judge Jeffrey V. BrownCRITICAL

Extensions of motion response/reply deadlines must be sought by motion, not party agreement alone.

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. BrownCRITICAL

Late filings require a motion for leave with an adequate excuse for failing to request an extension in advance.

Any late filing must be accompanied by a motion for leave to file, or the court may strike it. The motion must provide an adequate excuse for why the party failed to request an extension of time in advance of the relevant deadline.

Judge Jeffrey V. BrownCRITICAL

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. KazenCRITICAL

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. KazenCRITICAL

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. KazenCRITICAL

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. KazenCRITICAL

Extensions/continuances must be filed prior to controlling deadline, granted only at Court’s discretion; good cause exempts from rule.

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. KazenCRITICAL

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. KazenCRITICAL

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 Jr. Ewing WerleinCRITICAL

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 Jr. Fernando RodriguezCRITICAL

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 Jr. Fernando RodriguezCRITICAL

Joint continuance motions not binding; continuances not granted for witness unavailability, counsel must use depositions/stipulations.

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 Jr. Fernando RodriguezCRITICAL

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 Jr. Fernando RodriguezCRITICAL

Unopposed/joint continuance motions for sentencing must be presented to Case Manager before hearing.

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

Judge Jr. Fernando RodriguezCRITICAL

Motion submission dates may be extended by counsel agreement unless violating court deadline; Case Manager must be notified in writing immediately.

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. EllisonCRITICAL

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. EllisonCRITICAL

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. EllisonCRITICAL

Real time transcription requests require 21 calendar days' notice to the Court prior to trial.

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

Judge Keith P. EllisonCRITICAL

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. EllisonCRITICAL

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. HoytCRITICAL

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. HoytCRITICAL

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. HoytCRITICAL

Continuance motions must be filed at least 3 business days before the controlling deadline, with good cause required for same-day filings.

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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. 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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 MarmolejoCRITICAL

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 GanjeiCRITICAL

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 GanjeiCRITICAL

Continuances of firm trial dates require good cause; other court trial settings are not good cause unless lead counsel commenced trial, and civil continuances are unlikely due to witness unavailability.

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 GanjeiCRITICAL

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 GanjeiCRITICAL

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 OlveraCRITICAL

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 OlveraCRITICAL

Trial continuances will not be granted for unavailable witnesses; counsel must use depositions or stipulations to present testimony.

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 OlveraCRITICAL

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 OlveraCRITICAL

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 OlveraCRITICAL

Continuances for unavailable witnesses are not granted; counsel must use deposition or stipulation to present testimony.

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 OlveraCRITICAL

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 OlveraCRITICAL

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 OlveraCRITICAL

Continuances for trial will not be granted due to unavailable witnesses; counsel must use depositions or stipulations for testimony.

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 OlveraCRITICAL

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 OlveraCRITICAL

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 LakeCRITICAL

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 LakeCRITICAL

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 LakeCRITICAL

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 LakeCRITICAL

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. BryanCRITICAL

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. HamptonCRITICAL

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. HamptonCRITICAL

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. HamptonCRITICAL

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. HamptonCRITICAL

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. HamptonCRITICAL

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. BennettCRITICAL

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. HoCRITICAL

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. HoCRITICAL

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. HoCRITICAL

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. HanenCRITICAL

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. HanenCRITICAL

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. HanenCRITICAL

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. HanenCRITICAL

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. HanenCRITICAL

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. HanenCRITICAL

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. HanenCRITICAL

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. RosenthalCRITICAL

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. RosenthalCRITICAL

Parties may extend motion submission dates without court leave unless violating a court order deadline, and must immediately notify the case manager in writing.

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. RosenthalCRITICAL

Parties must advise the court in writing with reasons if a motion requires expedited decision or decision by a certain date.

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. RosenthalCRITICAL

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. RosenthalCRITICAL

Trials are not generally continued for unavailable witnesses; counsel must use depositions or stipulations for testimony.

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. RosenthalCRITICAL

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 IIIWARNING

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 IIIWARNING

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 are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation.

Judge John A. KazenWARNING

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. KazenWARNING

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 Jr. Ewing WerleinWARNING

The motion submission date may be extended by agreement of counsel unless it violates a court-imposed deadline, and the Case Manager must be notified in writing.

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 Jr. Ewing WerleinWARNING

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 Jr. Fernando RodriguezWARNING

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. EllisonWARNING

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. EllisonWARNING

Submission dates may be extended by counsel agreement unless violating court deadline; Case Manager must be immediately notified in writing.

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. EllisonWARNING

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. EllisonWARNING

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. HoytWARNING

Submission date extensions require written notice to Case Manager and an order; extensions cannot violate court deadlines.

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. HoytWARNING

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

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 MarmolejoWARNING

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 MarmolejoWARNING

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 MarmolejoWARNING

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 MarmolejoWARNING

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 GanjeiWARNING

Motions to extend word limits are rarely granted; must be sought well in advance of 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 GanjeiWARNING

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. MedranoWARNING

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. HanenWARNING

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 CraneINFO

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. BennettINFO

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. BennettINFO

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 IIIINFO

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 IIIINFO

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 IIIINFO

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. TiptonINFO

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. TiptonINFO

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

Motions for extension of deadlines are not emergencies.

Judge Drew B. TiptonINFO

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. TiptonINFO

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. TiptonINFO

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.INFO

Vacation requests for trial or hearing dates are respected if made well in advance.

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

Judge Jeffrey V. BrownINFO

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. KazenINFO

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 Jr. Ewing WerleinINFO

Bona fide vacation requests will be respected.

Bona fide vacation requests will be respected.

Judge Jr. Ewing WerleinINFO

Bona fide vacation requests for continuances will be granted.

Bona fide vacation requests will be respected.

Judge Keith P. EllisonINFO

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

Bona fide vacation requests will be respected.

Judge Keith P. EllisonINFO

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. HoytINFO

Vacation requests must be submitted by letter to Case Manager well in advance to be accommodated.

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. HoytINFO

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 MarmolejoINFO

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 GanjeiINFO

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 GanjeiINFO

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. HamptonINFO

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. HamptonINFO

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. HamptonINFO

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. RosenthalINFO

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. RosenthalINFO

Motions to extend deadlines are not typically considered emergencies.

Motions to extend deadlines are generally not emergencies.

Senior Judge Lee H. RosenthalINFO
Common questions about Southern District of Texas adjournment & extension requirements

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

Southern District of Texas rules specify what an adjournment or extension request must include. Counsel agreements for continuances are not binding on the Court; continuances are granted only at the Court’s discretion.

View ruleSource: page 7, section Continuances