Bexar County Courts at Law Adjournment & Extension Requirements

CRITICAL

To obtain a reset, a self-represented defendant or the defendant's attorney must appear to complete a reset form, and the Court must authorize the reset.

G. To obtain a reset, the defendant representing himself or the attorney for a defendant shall appear to complete a reset form. No case may be reset unless authorized by the Court.

CRITICALCriminal cases

When the parties agree to a trial continuance, both must approach the bench for a good-cause determination.

in the event that a trial continuance is agreed upon by the parties, both parties must approach the bench for good cause determination.

CRITICAL

Unless a specific court's policy provides otherwise, people with conflicting settings or good reason for not appearing must notify the Court Coordinator before 8:50 A.M. that day and appear for resetting by 5:00 P.M. the next working day.

Unless ordered otherwise by policy of a specific court, attorneys who have conflicting settings or attorneys or unrepresented defendants who have good and sufficient reason for not appearing shall notify the respective Court Coordinator prior to 8:50 A.M. on that date. Those attorneys or unrepresented defendants who make such contact shall have until 5:00 P.M. the next working day to appear for a resetting.

CRITICAL

In Probate Court No. 1, a setting may not be dropped within 5 days of the setting without the Court's consent.

Probate Court No. 1 has an administrative order in place that does not allow the dropping of settings within 5 days of the setting without consent of the Court.

CRITICALCriminal cases

If the parties agree to a trial continuance, both parties must approach the bench for a good-cause determination.

In the event that a trial continuance is agreed upon by the parties, both parties must approach the bench for good cause determination.

CRITICALCriminal cases

A party unprepared for trial must file and present a written motion for continuance that complies with Chapter 29 of the Texas Code of Criminal Procedure for a ruling.

In the event a party is not prepared to go forward with a trial setting, a written motion for continuance that complies with the requirements of Chapter 29 of the Texas Code of Criminal Procedure must be filed and presented to the court tor a ruling.

CRITICAL

Motions for continuance are governed by Chapter 29 of the Texas Code of Criminal Procedure.

B. Motions for continuance will be governed by Chapter 29, Texas Code of Criminal Procedure.

CRITICAL

When the assigned judge is unavailable, the listed judges may act on continuance motions and case settings or resets, in sequence, upon a showing of good cause.

In the event the Judge of the Court is unavailable, the Presiding Criminal Judge, Administrative Judge or any other Judge of a County Court at Law, in this sequence, shall have the authority to act on Motions for Continuance, settings, and resetting cases of the absent Judge upon good cause showing.

CRITICAL

A vacation letter does not change an existing setting; to avoid a scheduled hearing, counsel must obtain a written agreement of all parties subject to Court approval or file a motion for continuance and obtain the Judge’s ruling.

a) No Automatic Reset: A vacation letter does not automatically drop, postpone, or reschedule hearings or trials that were already set before the letter was filed. b) Procedure for Scheduled Matters: If a vacation is desired for a date where a hearing is already scheduled, counsel must: • Reset the matter by written agreement of all parties (subject to Court approval); or • File a formal Motion for Continuance and obtain a specific ruling from the Judge.

CRITICALCriminal cases

A party unprepared for trial must file and present for a ruling a written continuance motion complying with Chapter 29 of the Texas Code of Criminal Procedure.

In the event a party is not prepared to go forward with a trial setting, a written motion for continuance that complies with the requirements of Chapter 29 of the Texas Code of Criminal Procedure must be filed and presented to the court for a ruling.

CRITICAL

An official setting may not be abandoned without permission from the Judge Presiding.

Any official settings are unable to be abandoned without permission given by the Judge Presiding.

CRITICALCriminal cases

A party's “not ready” announcement does not result in an automatic trial continuance or reset.

County Court at Law No. 7 and the Bexar County Impact Court for County Court at Law Number 7 do NOT observe any general policy that each side gets a "not ready" announcement for trial with an automatic continuance/reset.

CRITICAL

Requests for resets and postponements are acted on only by the Court, except as otherwise provided in the rules below.

C. Request for resets and postponements will be acted upon only by the Court, or as otherwise provided below.

CRITICAL

Other-jurisdiction matters are not grounds to reset or continue a Bexar County trial- or motion-calendar case; for a special out-of-county setting, the attorney must give the Presiding Judge written notice at least 10 days beforehand stating its date and place, and the judge may permit participation and continue the case to the next available setting.

I. Lawyers practicing at the Bar in Bexar County shall be ever mindful that it is their individual duty to give their first attention to the setting and trial of cases previously set in these Courts. Causes of action or other matters in other jurisdictions shall not be an excuse, or reasonable ground, justifying a resetting or continuance of a case on a trial or motion calendar of the Courts in Bexar County, with the following exception: 1. If an attorney has a special setting outside of Bexar County, they must notify the Presiding Judge in writing of the special setting elsewhere at least ten (10) days prior to any pending setting on the trial calendar. Such written notice must state the date and place of the out-of-county setting. The Presiding Judge has the discretion to grant said attorney permission to participate in said out-of-county case. The Presiding Judge may continue said attorney's case to the next available setting date.

CRITICAL

A request to move a scheduled hearing must be made by written motion with a Certificate of Conference; continuance motions filed less than 48 hours before the hearing are disfavored except in sudden emergencies.

b) Motions for Continuance: Any request to move a scheduled hearing must be made by written motion and include a Certificate of Conference. Except in cases of sudden emergency, motions for continuance filed less than 48 hours before a hearing are disfavored.

CRITICAL

An attorney unavailable for a scheduled civil or criminal hearing or trial must file and set a Motion for Continuance, obtain the judge’s ruling, and notify the court and opposing counsel or the State.

Attorneys who are unavailable when they have civil or criminal hearings and/or trials already scheduled, must file and set a Motion for Continuance and obtain a ruling thereon from the Judge. Notice shall be given by the attorney to the court in which the matter is scheduled as well as opposing counsel or the State.

WARNINGCriminal cases

A party cannot rely on a "not ready" announcement to receive an automatic trial continuance or reset.

County Court at Law No. 7 does NOT observe any general policy that each side gets a "not ready" announcement for trial with an automatic continuance / reset.

INFO

The Court Coordinator may reset a case when the Court receives a compliant notice of an attorney's unavailability, notice of the attorney's trial in another court, or notice that the attorney is ill.

E. The Court Coordinator may reset a case in the following circumstances: 1. The Court receives a letter, in compliance with Local Rules, notifying the Court that the attorney will be unavailable, this notification should include the defendant's name, cause number and an explanation of the reason for unavailability. This notice is subject to the requirements of the Local Rules pertaining to Vacation Notices and the requirements for Motion(s) for Continuance. 2. The Court receives notice that the attorney is unavailable due to a trial in another Court. The notification must state the Court in which the attorney is in trial, the style of the case which they are trying and the date the trial is to begin. 3. The Court is notified that the attorney is ill.