Caldwell County District Court Adjournment & Extension Requirements

Civil cases

Defense counsel unable to attend a scheduled hearing or trial for good cause must notify court personnel in writing within five days after receiving the setting notice, and the case may not be reset beyond the applicable statutory or administrative time limits.

If, for good cause, defense counsel cannot attend a hearing or go to trial on such date, defense counsel shall, within five (5) days of receipt of the setting notice, advise the Court Administrator or appropriate Court personnel in writing stating such reason. In no event shall the case be reset beyond the time limits set out in the Code of Criminal Procedure or the Rules of Judicial Administration.

Civil cases

For good cause, an opposing party unable to proceed must file and serve a written objection within five days of notice, or at least one day before a hearing requested on less than five days’ notice, and provide the specified reasons and two alternate available dates; the objection may be waived for noncompliance or failure to appear.

If for good cause the opposing party cannot proceed to a hearing or final trial on the requested date, the party shall file and serve a written objection within five (5) days of receipt of notice of the setting, unless the hearing is requested within less than five (5) days, in which event, the written objection must be filed and served at least one (1) day prior to the hearing. The objection shall include the specific reason(s) for the conflict, including but not limited to the styles and cause numbers of any cases for which a court setting, mediation, deposition, or other matter is a reason for the conflict. In addition to providing the specific reason(s) for the conflict, the party objecting shall also provide two (2) alternate available dates obtained from the Court Administrator/Coordinator, on which they are available for the hearing or final trial. Failure to comply may waive the objection. It shall be the responsibility of the objecting party to set the Objection to Setting for hearing or to file a motion for continuance on the setting. Failure to appear will waive the objection.