Brewster County Justice of the Peace Courts Adjournment & Extension Requirements

CRITICAL

A request to reset an appearance must be made at least 24 hours before the setting unless later-occurring circumstances justify the request, as determined by the presiding judge.

Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.

CRITICAL

A continuance request must be submitted to the court in writing at least three business days before trial or hearing, unless its grounds arose later.

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

CRITICAL

The Court will verify a reported trial conflict and reset the case if the assignment is confirmed; if the attorney is not actually in trial, the case may proceed without further notice.

When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.

WARNINGCriminal cases

The Court may continue the hearing for up to 60 days to allow additional time to comply with the agreement.

d. continue the hearing for not more than sixty (60) days to allow additional time for compliance with the terms of the agreement.;

WARNING

When an attorney has conflicting trials in two Brewster County courts, the Justices of the Peace confer on priority, considering jury trials, criminal cases, cases preferred by statute, and then the earliest filing date.

The Justices of the Peace will confer on which case has priority, with consideration given to the following: 1. Jury Trials 2. Criminal Cases 3. Cases given preference by statute 4. Cases with the earliest filing date

WARNINGCriminal cases

After a non-adversarial hearing, the judge may extend diversion up to one year from its original start if diversion measures are determined unsuccessful.

If it is determined the diversion measures were unsuccessful, the charge may be filed for criminal prosecution, with the prosecutor's concurrence. The judge, however, may extend up to one year from the original start of the diversion after a non- adversarial hearing.

WARNING

When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.

When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.

WARNINGCriminal cases

The diversion period may be extended, but the extension may not exceed one year from the diversion’s original start date.

The diversion period is extended for the following period (not to exceed one year from the original start date of the diversion):

WARNINGCriminal cases

A referral hearing continuance may be granted for an opportunity to comply with the Diversion Agreement, for no more than 60 days.

A continuance for the referral hearing (not to exceed 60 days) is granted to allow an opportunity for compliance with the terms of the Diversion Agreement.

WARNING

An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.

An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.

WARNINGCriminal cases

If more time is necessary for a child to complete diversion, the diversion contract can be extended or adjusted.

If it is determined that more time is necessary for a child to successfully complete diversion, a diversion contract can be extended and/or adjusted.

WARNINGCriminal cases

The Court may extend the diversion period, but not beyond one year from its initial start date.

c. extend the diversion period not to exceed one year from the initial start date;

INFO

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

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