Southern District of Texas Adjournment & Extension Requirements
122 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.
Source text: 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.
Continuances may only be requested by motion, which must state the reason for request; parties should contact the case manager upon filing.
Source text: 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.
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.
Source text: 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.
Requests to continue § 341 meetings must be submitted to the Trustee’s office before seeking a continuance.
Source text: All requests to continue a § 341 meeting should be submitted to the Trustee’s office prior to seeking a continuation of the meeting.
Non-calendar impacting deadline extensions may be agreed via written stipulation filed with court; all other extensions require written motion and court order.
Source text: 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.
Continuances require motion with affidavit of consent efforts if parties disagree; agreed continuances may be granted without motion.
Source text: 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.
Continuances must be requested by filing a motion.
Source text: A continuance can only be requested by motion.
Counsel agreements for continuances are not binding on the Court; continuances are granted only at the Court’s discretion.
Source text: 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.
Trials will not be continued due to witness unavailability; counsel must use alternative methods like depositions or stipulations.
Source text: 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.
Parties may agree to discovery deadline extensions without court approval if they do not affect dispositive motion or docket call dates.
Source text: 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.
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.
Source text: 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.
Lead counsel actively engaged in litigation may seek an automatic 120-day continuance of trial setting for birth or adoption of a child.
Source text: 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.
Continuance motions require 3 business days' notice; same-day motions need good cause.
Source text: 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.
Extensions of Scheduling and Docket Control Order deadlines are not considered emergencies.
Source text: Motions for extension of deadlines in the Scheduling and Docket Control Order are not emergencies.
Extension and trial postponement requests must be signed by the attorney and party making the request.
Source text: 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.
Continuances not granted for expert or medical witness unavailability; use depositions or stipulations instead.
Source text: 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.
Continuances granted only in extraordinary circumstances once trial is scheduled.
Source text: Once a trial is scheduled, a continuance will only be granted in extraordinary circumstances.
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.
Source text: 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.
Extensions of certain pretrial deadlines are prohibited, while other deadlines may be extended with all parties' agreement and a filed signed letter.
Source text: 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.
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.
Source text: 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.
Scheduling orders cannot be altered solely by party agreement; court approval is required for continuances.
Source text: The scheduling order isn’t altered simply by agreement between the parties on continuance of deadlines.
Deadlines remain in effect when extension motions are filed; extension motions must be submitted well before impending deadlines.
Source text: 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.
Agreed extensions of motion submission dates must be notified via letter or email; proposed orders must account for other pending deadlines.
Source text: 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.
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.
Source text: 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.
Motions for continuance must be filed at least two weeks before the trial date set in the Scheduling and Docket Control Order.
Source text: 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.
Modification of the Scheduling Order requires a motion establishing good cause.
Source text: The Court will modify the Scheduling Order only upon a motion establishing good cause.
Agreed extensions of motion submission dates must be communicated by letter or email with reasons and a proposed order maintaining other deadlines.
Source text: 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.
Motions to extend discovery deadlines must be filed sufficiently early to allow opposing counsel to respond before the original deadline.
Source text: Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.
Extension requests must obtain court permission before submitting motion papers; lead counsel must personally confer on disputes prior to involving the court.
Source text: 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.
Motions for extension of discovery deadlines must be filed far enough in advance for opposing counsel to respond before the deadline.
Source text: C. 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.
Continuances of trial dates are only granted for extraordinary circumstances; joint motions are not binding, and witness unavailability is not grounds.
Source text: 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.
Counsel may agree to extend discovery deadlines without court intervention; court will not grant discovery continuances for post-deadline discovered information absent exceptional circumstances.
Source text: 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.
Joint continuance motions not binding; continuances not granted for witness unavailability, counsel must use depositions/stipulations.
Source text: 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.
Continuance motions must include applicable Speedy Trial Act exceptions and requested continuance length.
Source text: 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.
Unopposed/joint continuance motions for sentencing must be presented to Case Manager before hearing.
Source text: Unopposed or joint motions for continuance should be presented to the Case Manager prior to the scheduled sentencing hearing.
Continuances and extensions are granted only at the Court’s discretion; joint agreements are not binding, and continuances for discovery disputes are rarely approved.
Source text: 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.
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).
Source text: 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).
Requests to modify Docket Control Order dates must include recommendations for all subsequent date adjustments.
Source text: 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.
Extensions of discovery/expert deadlines not affecting dispositive/docket-call dates don't need court approval; extensions affecting those dates require a motion.
Source text: 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.
Extensions of motion response/reply deadlines must be sought by motion, not party agreement alone.
Source text: 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.
Late filings require a motion for leave with an adequate excuse for failing to request an extension in advance.
Source text: 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.
Deadline extension and continuance motions must be filed before the controlling deadline; granted only at the Court's discretion.
Source text: 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.
Agreed extensions/continuances require submission of an agreed motion and proposed order; joint agreements are not binding on the Court.
Source text: 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.
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.
Source text: 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.
Travel requests must be submitted to Chambers 5 business days before deadline, with exceptions for medical emergencies/funerals; copy to Probation required.
Source text: 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.
Extensions/continuances must be filed prior to controlling deadline, granted only at Court’s discretion; good cause exempts from rule.
Source text: 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.
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.
Source text: 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.
Modification of Scheduling Order requires a motion establishing good cause.
Source text: The Court will modify the Scheduling Order only upon a motion establishing good cause.
Continuance requests must include recommended dates for all adjusted deadlines after the first modification.
Source text: Requested changes must include recommended dates to adjust all deadlines following the first modification.
Discovery deadline extensions do not require approval if they do not affect the Docket Control Order or other court-set deadlines.
Source text: 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.
Agreed extensions of submission dates require notice via letter/email and a proposed order maintaining other court-set deadlines.
Source text: 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.
Discovery extension motions must be filed sufficiently early to allow opposing counsel to respond before the discovery deadline.
Source text: Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.
Motion submission dates may be extended by counsel agreement unless violating court deadline; Case Manager must be notified in writing immediately.
Source text: 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.
Discovery extension motions must be filed early enough for opposing counsel to respond before the discovery deadline.
Source text: Motions for extension of discovery must be filed sufficiently in advance of the discovery deadline that opposing counsel may respond prior to the deadline.
Trial dates rescheduled if prompt notice of scheduling difficulties; continuances disfavored without prompt communication.
Source text: 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.
Real time transcription requests require 21 calendar days' notice to the Court prior to trial.
Source text: Parties requesting Real Time Transcription must notify the Court at least three weeks prior to trial.
Pending motions, attorney conflicts, and incomplete discovery (without good faith showing) are invalid excuses for continuances or discovery deadline failures.
Source text: 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.
Continuance motions must be filed at least 3 business days before the controlling deadline, with good cause required for same-day filings.
Source text: 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.
Parties may agree to extend motion submission deadlines with prompt written notice and proposed order; extensions violating court deadlines require approval.
Source text: 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.
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.
Source text: 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.
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.
Source text: 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.
Untimely responses without good cause are deemed concessions of the issue.
Source text: Absent a clear demonstration of good cause, the failure to file a timely response will be deemed a concession of the issue presented.
Continuances not granted for prior trial settings unless attorney has commenced trial in another court.
Source text: Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued.
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.
Source text: 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.
Continuance motions require 3 business days notice; joint motions are not binding and require agreed motion and proposed order.
Source text: 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.
Failure to appear at a scheduled setting may result in sanctions including dismissal for want of prosecution.
Source text: 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.
Agreed extensions of motion submission days require prompt written notice to court with proposed order; agreed extensions violating court deadlines need approval.
Source text: 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.
Scheduling Order deadlines may only be modified with court leave and a showing of good cause.
Source text: The Scheduling Order deadlines shall not be modified except by leave of this Court upon a showing of good cause.
Continuance motions must be filed at least 3 business days before the controlling deadline, or will be denied absent good cause.
Source text: 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.
Trial continuances will not be granted due to witness unavailability.
Source text: A trial will not be continued because of the unavailability of a witness.
Extensions of response deadlines must be requested timely; failure to respond timely without good cause is deemed a concession of the issue.
Source text: 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.
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.
Source text: 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.
Motions for extension of discovery must be filed sufficiently in advance to allow opposing counsel to respond before the deadline.
Source text: Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.
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.
Source text: 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.
Agreed extensions of motion submission dates require notice by letter/email and a proposed order accounting for other deadlines.
Source text: 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.
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.
Source text: 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.
The court only considers motions for continuance filed at least two weeks before the trial date specified in the Scheduling and Docket Control Order.
Source text: 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.
Joint and unopposed motions for continuance are granted only at the Court’s discretion.
Source text: Joint and unopposed motions for continuance are granted only at the Court’s discretion.
All continuance motions must specify the requested duration and any applicable Speedy Trial Act exceptions.
Source text: 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.
Trial continuances will not be granted for unavailable witnesses; counsel must use depositions or stipulations to present testimony.
Source text: 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.
Continuances for trial will only be granted in extraordinary circumstances after the trial is scheduled.
Source text: Once a trial is scheduled, a continuance will be granted only in extraordinary circumstances.
Continuances for trial will not be granted due to unavailable witnesses; counsel must use depositions or stipulations for testimony.
Source text: 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.
Counsel agreements to amend specified pretrial deadlines are invalid; all modifications require court order.
Source text: 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.
Motions for extension of deadlines are not considered emergencies.
Source text: Motions for extension of deadlines, including those specified in the scheduling order, are not emergencies.
Joint continuance/extension motions are not binding; continuances granted only at Court’s discretion.
Source text: 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.
Trial settings are firm; continuances rarely granted for discovery disputes.
Source text: The Court’s trial settings are usually firm. Continuances will rarely be granted because of discovery disputes.
Discovery extension motions must be filed early enough for opposing counsel to respond before the deadline.
Source text: 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.
Word limit extensions are rarely granted and must be sought well in advance of deadlines.
Source text: Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of filing deadlines.
Continuances of trial settings unlikely in civil cases for witness unavailability; use stipulations or depositions for testimony.
Source text: 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.
Extension requests for scheduling order deadlines should be made before the deadline expires; late requests are disfavored.
Source text: 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.
Trial continuances are not granted for witness unavailability; counsel must use depositions or stipulations to present testimony.
Source text: 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.
Trial continuances generally not granted due to witness unavailability.
Source text: A trial generally will not be continued because of the unavailability of a witness.
Joint continuance motions are not binding and are granted only at the Court's discretion.
Source text: Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.
Joint continuance motions are not binding and will only be granted at the court's discretion.
Source text: Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.
Submission dates may be extended by counsel agreement unless violating court deadline; Case Manager must be immediately notified in writing.
Source text: 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.
Continuances are disfavored if counsel do not promptly notify the Court of scheduling difficulties.
Source text: If no such communication is promptly received by the Court, continuances are disfavored.
Trial continuances are not granted due to witness unavailability; counsel must use depositions or stipulations for unavailable witness testimony.
Source text: 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.
Trial continuances will not be granted due to witness unavailability.
Source text: A trial will not be continued because of the unavailability of a witness.
Responding parties needing more time must request an extension consistent with court rules.
Source text: If additional time is needed, the responding party must timely request an extension consistent with these rules.
Jury selection is typically third week of each month; continuances not granted for prior trial settings unless attorney is in another trial.
Source text: 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.
Continuances based on failure to complete discovery are disfavored, with potential sanctions for discovery failures.
Source text: 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.
Motions to extend word limits are rarely granted; must be sought well in advance of filing deadlines.
Source text: Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of the filing deadlines.
Discovery deadline extensions may be made by written party agreement without court involvement; agreements need not be filed.
Source text: 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.
Motions for extension of deadlines and discovery disputes are not considered emergencies.
Source text: Motions for extension of deadlines aren’t emergencies. Neither are discovery disputes. See Section 15.
Plaintiff may request a reasonable continuance if service has not been perfected.
Source text: Plaintiff may also request reasonable continuance if it hasn’t perfected service.
Parties may agree to extend discovery deadlines without court approval if the extension does not affect the scheduling order or other ordered deadlines.
Source text: Parties may agree to extension of discovery deadlines without seeking approval when the extension doesn’t affect the scheduling order or other ordered deadline.
Agreed extensions of discovery deadlines require no approval if they do not affect the Scheduling Order or other court-set deadlines.
Source text: 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.
Vacation and family-related continuance requests are accommodated if submitted well in advance of the hearing or trial.
Source text: The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.
The Court will respect bona fide vacation requests.
Source text: C. Bona fide vacation requests will be respected.
Motions to extend deadlines or cut-off dates are not classified as emergencies.
Source text: Motions for extension of deadlines or cut-off dates are not emergencies.
Joint motions for continuance are not binding and are granted only at the Court's discretion.
Source text: B. Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.
Motions to extend Docket Control Order deadlines or cut-off dates are not classified as emergencies.
Source text: Motions for extension of deadlines or cut-off dates in the Docket Control Order are not emergencies.
Vacation requests for trial or hearing dates are respected if made well in advance.
Source text: Vacation requests will be respected if they are made well in advance of a trial setting or hearing date.
Motions to extend Scheduling Order deadlines or cut-off dates are not classified as emergencies.
Source text: Motions for extension of deadlines or cut-off dates in the Scheduling Order are not emergencies. (See Section 4 below.)
Party agreements on continuance of deadlines are not binding on the Court but are considered.
Source text: Agreements on continuance of deadlines do not bind the Court but are given due consideration.
Plaintiff may request a reasonable continuance of the scheduling conference if service has not been perfected.
Source text: Plaintiff may request a reasonable continuance if it has not perfected service.
Vacation and family-related continuance requests are accommodated if made well in advance of the hearing or trial.
Source text: The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.
Bona fide vacation requests for continuances will be granted.
Source text: Bona fide vacation requests will be respected.
Bona fide vacation requests for continuances will be respected by the court.
Source text: Bona fide vacation requests will be respected.
Motions to extend scheduling order deadlines are not considered emergencies.
Source text: Motions for extension of deadlines or cut-off dates in the Scheduling Order are not emergencies. (See Continuances, Section 4 below.)
Parties may extend discovery deadlines by agreement without court approval if the extension does not impact the Scheduling Order or other court-set deadlines.
Source text: 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.
The Court will accommodate vacation and family-related continuance requests if made well in advance of the hearing or trial.
Source text: The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.
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.
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