Brazos County Courts at Law Adjournment & Extension Requirements

CRITICAL

Attorneys must give the district clerk, affected court coordinator, and parties 120 calendar days' notice of designated personal days; matters set with that notice will be continued, while shorter notice requires a motion for continuance that is decided at the court's discretion.

Attorneys shall give the district clerk, all affected court's coordinator and the parties 120 calendar days notice of the dates of the designated personal days. With 120 days notice, any matters set will be continued. If less than 120 calendar days notice, a motion for continuance will be required for any scheduled hearings and will be considered at the discretion of the court.

CRITICAL

If the setting is less than 14 calendar days after the notice was sent, it is immediately final and may be changed only in accordance with the rules.

If the date specified in the Notice of Setting is less than fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting is immediately final and may only be continued, reset or postponed in accordance with these rules.

CRITICAL

Continuance motions or requests must be made by written motion with an order, unless the court orders otherwise.

All motions or requests for continuances must be by written motion with order unless otherwise ordered by the court.

CRITICAL

A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the court, or a motion for continuance granted by the court.

No setting shall be passed except by: a. settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; b. written agreement of all parties with court's approval; or c. a motion for continuance granted by the Court.

CRITICAL

With 120 calendar days' notice of designated personal days, scheduled matters will be continued; with less notice, a continuance motion is required for scheduled hearings and is discretionary.

With 120 days notice, any matters set will be continued. If less than 120 calendar days notice, a motion for continuance will be required for any scheduled hearings and will be considered at the discretion of the court.

CRITICAL

Once the 10-day tentative period expires, the setting becomes final and may be changed only in accordance with the rules.

After the expiration of the ten (10) day period specified above, the setting shall become final, and may only be continued, reset or postponed in accordance with these rules.

CRITICAL

A setting may be passed only by a qualifying settlement agreement, a written agreement of all parties approved by the court, or a court-granted motion for continuance.

No setting shall be passed except by: a. settlement agreement announced in open court or in writing complying with Rule 11 of the Texas Rules of Civil Procedure; b. written agreement of all parties with court's approval; or c. a motion for continuance granted by the Court.

CRITICAL

A setting may be passed or reset only by written agreement of all parties with court approval or by a written motion for continuance granted by the Court.

No setting shall be passed or reset except by: a. written agreement of all parties with court's approval; or b. a written motion for continuance granted by the Court.

CRITICAL

Continuance motions or requests must be submitted as a written motion with an order, unless the court orders otherwise.

All motions or requests for continuances must be by written motion with order unless otherwise ordered by the court.

CRITICAL

A setting may be passed or reset only with the written agreement of all parties and court approval, or by a written motion for continuance granted by the Court.

No setting shall be passed or reset except by: a. written agreement of all parties with court's approval; or b. a written motion for continuance granted by the Court.

WARNING

An attorney may designate up to 25 court days per calendar year as personal days, in consecutive-day periods, but the rule applies only when lead counsel is affected; moving a setting because of co-counsel's vacation remains discretionary.

An attorney may designate not more than 25 court days during a calendar year as personal days, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. Personal days include vacation, continuing legal education or other days the attorney will not be available for court. This rule operates only where lead counsel is affected (i.e., a request to move a hearing or trial setting due to co-counsel's vacation schedule will remain within the discretion of the court). No personal day period may be designated for less than consecutive days. (EX:designating Friday, Monday and Tuesday are considered consecutive days).

WARNING

An attorney may designate up to 25 court days per calendar year as personal days, but the rule applies only when lead counsel is affected and designated days must be consecutive; a request based on co-counsel's vacation remains within the court's discretion.

An attorney may designate not more than 25 court days during a calendar year as personal days, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. Personal days include vacation, continuing legal education or other days the attorney will not be available for court. This rule operates only where lead counsel is affected (i.e., a request to move a hearing or trial setting due to co-counsel's vacation schedule will remain within the discretion of the court). No personal day period may be designated for less than consecutive days. (EX:designating Friday, Monday and Tuesday are considered consecutive days).

WARNING

The court may change the deadline for preparing and filing a document and objections for good cause.

For good cause, the court may change the deadline for preparation and filing of a document and objections.

WARNING

A setting noticed less than 14 calendar days in advance is immediately final and may be continued, reset, or postponed only in accordance with the rules.

e. If the date specified in the Notice of Setting is less than fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting is immediately final and may only be continued, reset or postponed in accordance with these rules.

WARNING

When lead counsel is in trial in another court, the case will be placed on hold or reset based on when the attorney is expected to be released.

The case will be placed on "hold" or reset, depending upon when the attorney will actually be released.

WARNING

The court may change the deadline for preparing and filing a document and objections for good cause.

For good cause, the court may change the deadline for preparation and filing of a document and objections.

WARNING

When the setting is at least 14 calendar days after the notice was sent, it remains tentative for 10 calendar days after the court coordinator delivers the notice.

If the date specified in the Notice of Setting is at least fourteen (14) calendar days from the date the Notice of Setting was sent, the setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court coordinator.

WARNING

Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

WARNINGCriminal cases

You should seek time to consult an immigration expert by adjourning the case or asking for a second call.

You should get time to call an immigration expert by adjourning the case or asking for a second call.

WARNING

After the 10-day tentative period expires, the setting becomes final and may be continued, reset, or postponed only in accordance with the rules.

After the expiration of the ten (10) day period specified above, the setting shall become final, and may only be continued, reset or postponed in accordance with these rules.

WARNINGCriminal cases

When this resource cannot advise on a plea’s impact, counsel should seek time to consult an immigration expert, including by adjourning the case or asking for a second call.

This resource cannot provide advice about the impact of a plea in this case. You should get time to call an immigration expert by adjourning the case or asking for a second call.

WARNING

With court approval, the court coordinator may reset a cause to another tentative date or time after receiving a signed certificate describing the nature and extent of the conflict.

Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time.

WARNING

Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

Failure of the requesting attorney to accurately state the names and addresses of opposing counsel shall be grounds for a continuance on the motion of an attorney of record who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

WARNING

A party who did not receive timely notice may move for a continuance if the requester inaccurately stated opposing counsel's or a pro se party's name or address.

Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be ground for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.

WARNING

A setting remains tentative for 10 calendar days after delivery; during that period an attorney may report a scheduling conflict, and the coordinator may reset the setting upon receiving a signed certificate describing the conflict and court approval; afterward the setting is final.

The setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court. During such period, any attorney may notify the court coordinator of a conflict of settings or other scheduling conflict. Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time. After the expiration of the ten (10) day period specified above, the setting shall become final.

WARNING

A party who did not receive timely notice may move for a continuance if the requester inaccurately stated opposing counsel's or a pro se party's name or address.

Failure of the requesting attorney or party pro se to accurately state the names and addresses of opposing counsel or party pro se shall be ground for a continuance on the motion of an attorney of record or party pro se who did not receive the Notice of Setting within a reasonable time prior to the hearing date.