Aransas County Justice of the Peace Courts Adjournment & Extension Requirements

CRITICAL

Attorneys or defendants may request a case reset no later than 24 hours before the current setting, unless the circumstances justifying the request arise later.

Attorneys or defendants may request reset of cases no later than 24 hours before the current setting, unless the circumstances justifying the request for reset occur thereafter.

CRITICAL

A continuance motion must be presented to the Court if the case has been at warrant, is set on a trial docket, or has ever had a motion to withdraw filed.

A motion for continuance on a case that been at warrant or that is set on a trial docket must be present to the Court. • If a motion to withdrawn have ever been filed in the case, any motion of continuance must be presented to the Court.

CRITICAL

The Clerk may not grant any further extensions to pay the fines and must set the case on the Show Cause Docket for judicial review.

No further extensions to pay the fine(s) shall be granted by the Clerk; Clerk must set case on the Courts "Show Cause Docket" for presiding Judge to review.

CRITICAL

A defendant seeking a payment extension must explain in writing why it is needed and how long it is requested for; for an extension of more than 30 days, the defendant must submit a letter to the Judge.

Defendant must request in writing why an extension is needed and how long is the extension requested for. If more than 30 days submit letter to the Judge.

CRITICAL

Reset requests must be submitted to the court in writing within 24 hours of the scheduled hearing, except when a situation prevents timely submission.

Requests for a reset of your hearing must be made in writing and submitted to the court within 24 hours of the scheduled hearing, unless a given situation arises that prevents the timeliness of the requests.

CRITICAL

Attorneys or defendants may request a case reset at least 24 hours before the current setting, except when the circumstances justifying the request arise later.

Attorneys or defendants may request reset of cases no later than 24 hours before the current setting, unless the circumstances justifying the request for reset occur thereafter

CRITICAL

The Clerk may process a request for a 30-day payment plan from a Defendant who appears at the Cashier's window and asserts an inability to immediately pay his/her fines and costs in full , provided that: • A$ 15.00 time payment will be added to each pending case after 30 days from request. • The Defendant completes a 30-day payment plan which can system-generated form so long as the Defendant signs the form and is advised of & agrees to appear in the event of non-compliance at the time of the request. • No warrant for the arrest of the Defendant is pending at the time of the request. • The Clerk shall prepare the payments according to the following schedule: • Balance: $ 0 up to $ 500 will be $ 50 - $ 150 a month • Balance: $ 501 up to $ 1000 will be$ 150 - $ 199 a month • Balance: $ 1000 or more will be $ 200 a month

The Clerk may process a request for a 30-day payment plan from a Defendant who appears at the Cashier's window and asserts an inability to immediately pay his/her fines and costs in full , provided that: • A$ 15.00 time payment will be added to each pending case after 30 days from request. • The Defendant completes a 30-day payment plan which can system-generated form so long as the Defendant signs the form and is advised of & agrees to appear in the event of non-compliance at the time of the request. • No warrant for the arrest of the Defendant is pending at the time of the request. • The Clerk shall prepare the payments according to the following schedule: • Balance: $ 0 up to $ 500 will be $ 50 - $ 150 a month • Balance: $ 501 up to $ 1000 will be$ 150 - $ 199 a month • Balance: $ 1000 or more will be $ 200 a month

CRITICALCriminal cases

If the motion is timely filed and the opposing party is properly notified, a party may obtain one continuance without the opposing party’s agreement or a bond.

If the motion for continuance is timely filed, and the opposing party is properly notified of the filing, a party may obtain one (1) continuance without agreement of the opposing party and without the requirement of posting a bond.

CRITICAL

The Clerk may process a 30-day fine-payment extension only if the listed eligibility and plan requirements are met, including full payment within 30 days and no additional extension.

The Clerk may process a request for a 30-day payment plan from a Defendant who appears at the Cashier's window and asserts an inability to immediately pay his/her fines and costs in full, provided that: • The Defendant represents that full payment can be made within 30 days. • The Defendant completes a 30-day payment plan which can be system-generated form so long as the Defendant signs the form and is advised of & agrees to appear in the event of non-compliance at the time of the request. • No warrant for the arrest of the Defendant is pending at the time of the request. • The Defendant has not previously defaulted on a payment plan ordered by the court. • The balance of the fine shall be paid in full within 30 days of the request. • The clerk shall not process an additional extension to pay the fine.

CRITICAL

A motion seeking a continuance to a docket more than 45 days away must be presented to the Court.

A motion for continuance to a docket more than 45 days away must present to the Court.

CRITICAL

A defendant seeking a court-date extension must explain in writing why it is needed and how long it is needed; for an extension of more than 30 days, the defendant must submit a letter to the Judge.

Must submit in writing why extension is needed & how long is the extension is needed. If more than 30 days submit letter to the Judge.

CRITICAL

Any additional continuance requires Court approval.

Additional continuances must be approved by the Court.

CRITICAL

A continuance to a new appearance docket may not exceed 45 days.

The length of continuance for a new appearance docket will not be more than 45 days.

CRITICAL

Continuance motions must be filed as soon as practicable or at least three days before the court date once the conflict is identified; motions received on the court date or the day before will not be granted absent good cause.

Motions for continuance shall be filed as soon as practicable or at least 3 days before the court date, based upon when party requesting the continuance determines a conflict exists. Motions received the day of or day before the scheduled court date will not be granted unless good cause is shown.

CRITICALCriminal cases

A defendant who received notice may make a written request for an alternative appearance date or time, and the clerk must set an FTA docket date within 21 days of the request.

If a defendant, who receives notice pursuant to this order, makes a written request for an alternative date or time to appear before the court, the clerk shall set the defendant on a FTA docket for a date and time not to exceed 21 days from the date of the written request.

CRITICALCriminal cases

A continuance motion must be filed with the Court at least three calendar days before the court setting.

IT IS ORDERED that a motion for continuance must be in writing and filed with the Court three (3) calendar days prior to the Court setting in order to continue a case on the Court’s docket.

CRITICAL

Continuance motions must be written in compliance with Chapter 29 TCCP.

Written motions are required in compliance with (Chapter 29 TCCP)

CRITICAL

Continuance requests must be submitted in writing at least three business days before trial or hearing, unless the grounds arose later.

Requests for postponements (continuances) must be submitted in writing to the court at least three (3) business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter.

CRITICAL

A continuance motion must be in writing three days before the hearing, except that defense or state counsel appearing before the Court on the court date may make a verbal motion.

3 days ahead of the hearing a continuance must be in writing , unless the attorney for the defense or the state is before the court on the date of court whereupon a verbal motion may be made.

CRITICAL

The course must be completed within 3 months, and no extensions are given.

Must complete within 3 months, no extensions given .

WARNINGCriminal cases

Continuances beyond the one permitted without opposing-party agreement require Court approval.

Additional continuances must be approved by the Court.

WARNING

If a continuance motion is timely filed, the opposing party is properly notified, and the case has never been at warrant, a party may obtain one continuance without the opposing party's agreement or a court order.

If a motion for continuance is timely filed , and the opposing party is properly notified of the filing • A party may obtain one continuance without agreement of the opposing party and without presenting the motion to the Court for an order: • Proved that the case has never been at warrant.

WARNING

The Court will grant one continuance per party without good cause; later requests require good cause, which may include listed scheduling conflicts or nonrefundable vacation plans, and attorneys may reserve up to four weeks annually for vacation or continuing legal education by timely letter to the Clerk.

The court, as a matter of policy, will grant one continuance per party without good cause shown. Subsequent requests for continuance will be on good cause shown , which may include but not be limited to: • Pre-existing court dates, with appropriate documentation regarding when notified of the conflicting court date. • Vacation dates with no refunds available. • An attorney may reserve up to four weeks in any calendar year for vacation or continuing legal education by sending in a letter for each defendant represented to the Clerk at least ten (10) days prior to such designated dates, reserving weeks in which no hearings, dockets or trials are set as of the date of the letter. Once a letter is on file no hearings, docket or trials involving the identified defendants will be set during the reserved weeks . • Conflicting subpoenas for witnesses. • Conflicting training schedules for witnesses .

WARNING

If an attorney appears after the Defendant has set a trial, the case may be continued at the attorney's request, but must be reset for the next available trial date.

If an attorney appears on a case after the Defendant has set a trial the case may be continued if requested by the attorney, but the case will be reset on the next available trial date.

WARNING

Requests for further extensions to pay the balance must be made to the Judge in writing.

Any request for further extensions to pay the balance must be made to the Judge in writing.

WARNING

A defendant with a deferral does not need an extension because a show-cause hearing will be held.

If the defendant has a deferral then an extension is not needed due to the fact, they will have a show cause hearing.

WARNING

The Court may deny an untimely motion for continuance if good cause is not shown.

Motions untimely filed , without good cause shown , may be denied by the court.

WARNINGCriminal cases

Any deviation from the continuance procedure requires Court approval.

Any deviations from this procedure must be approved by the Court.

INFO

The court may grant or deny a continuance motion with or without holding a hearing.

Motions for postponement (continuance) may be granted or denied with or without a hearing by the court.