Dallas County Courts at Law Adjournment & Extension Requirements

CRITICALCivil cases

Within five days before trial of a contested matter, a continuance will not be granted unless a written, verified motion describes facts arising on or after the fifth day before trial that necessitate postponement.

(e) Motions for Continuance. Unless otherwise permitted by court rule or court order, no motion for continuance will be granted within five days before trial of acontested matter unless based on a written, verified motion describing facts occurring on or after the fifth day before trial and necessitating the postponement of the trial.

CRITICALCivil cases

A request to pass, postpone, or reset a trial will not be granted unless all counsel consent in writing or on the record, or the nonjoining parties have been notified and given an opportunity to object.

(f) Agreed or Unopposed Continuances. Unless otherwise permitted by court rule, no request to pass, postpone or reset any trial shall be granted unless counsel for all parties consent in writing or on the record or unless all parties not joining in the request have been notified and have had an opportunity to object.

CRITICAL

A trial may not be passed, postponed, or reset unless all counsel consent or nonjoining parties receive notice and an opportunity to object; failure to announce under Local Rule 3.02 constitutes consent, subject to Court policy.

a. Unless otherwise permitted by Court policy, no request to pass, postpone or reset any trial shall be granted unless counsel for all parties consent, or unless all parties not joining in such request or their counsel have been notified and have had opportunity to object; provided, however, that failure to make an announcement under Local Rule 3.02 shall constitute that party's consent to pass, postpone, reset or dismiss for want of prosecution any case set for trial the following week.

CRITICAL

A continuance for a Special Set trial will be granted only in an emergency.

Special Set trials will not be granted continuances except in the case of an emergency.

CRITICAL

Every continuance motion must specifically state its basis.

All continuance motions must specifically state the basis for the motion.

CRITICAL

After a case has been on file for one year, a party may obtain a reset only through a written continuance motion personally approved in writing by the client and granted by the Court.

After a case has been on file for one year, it shall not be reset for a party except upon written motion for continuance, personally approved by the client in writing, and granted by the Court.

WARNING

Emergency resets are considered case by case and may be granted only by the Judge; clerks cannot overbook the Judge.

Emergency resets will be considered on a case by case basis and will only be granted by the Judge. The clerks do not have the discretion to overbook the Judge.

WARNING

A not-ready announcement does not automatically continue a case; parties should file a continuance motion as far in advance as possible, and last-minute motions should be based on a true emergency.

An announcement of "not ready" by either party DOES NOT mean your case is automatically continued. If your case is not going to be ready on its assigned or chosen trial date, the Court expects you to file a motion for continuance as far in advance of trial as possible for consideration by the Court. Last minute motions for continuance should be based on a true emergency.

WARNINGCivil cases

An attorney may reserve up to three calendar-year weeks by vacation letter if no hearing, deposition, or trial is already set in those weeks; settings during reserved weeks may be reset on request unless an objection is filed and sustained after notice and hearing.

Any attorney may reserve up to three weeks in any calendar year for vacations by filing a "vacation letter", reserving weeks in which no hearings, depositions, or trials are set as of the date of the letter. Once a letter is on file, any hearings, depositions, or trials set during the reserved weeks may be reset upon request unless objection is filed and sustained upon notice and hearing.

WARNING

A case may be reset on the disposition docket no more than twice before a new trial date is issued.

Cases will be reset on the disposition docket only twice before being issued a new trial date.

WARNINGCivil cases

Failure to comply with the hearing-setting notice rule is grounds for requesting a continuance.

Failure to comply with this rule shall be grounds for a requested continuance of the hearing.

WARNING

If a case is not tried that week, the Court may carry it from week to week after giving prior written notice.

If a case is not tried within the week, the Court may with prior written notice carry the case from week to week.

WARNING

Except as provided by statute, a party has no right to a pass of a trial setting.

Except as provided by statute, no party is entitled of right to a "pass" of any trial setting.

WARNING

No Order to Retain will be signed; the extension is the period between the dismissal date and the retain hearing.

An Order to Retain will not be signed; instead the period of time from the dismissal date until the retain hearing is the extension you are given.

WARNING

The lawyer commits to agreeing to reasonable extension requests and waivers of procedural formalities when the client's legitimate objectives will not be adversely affected.

I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected.

INFO

When counsel has a conflicting trial setting in another county, the Court may defer to that court and hold the case until the other trial is complete.

Where counsel for either party has a conflicting trial setting in another county, the Court may, in its discretion, defer to the out of county court and hold the case until the trial in the other county is completed.

INFO

Where counsel has a conflicting engagement in any Court of the United States or in any Appellate Court, the case in Dallas County may be held until such engagement has been completed.

Where counsel has a conflicting engagement in any Court of the United States or in any Appellate Court, the case in Dallas County may be held until such engagement has been completed.