DeWitt County District Court, Texas Adjournment & Extension Requirements

CRITICAL

A continued dismissal case must be reset for the next available trial date, and no case may be continued without a subsequent trial setting.

Dismissal cases that have been continued shall be reset by the Judge for the next trial date available, and no case shall be continued without a subsequent trial setting being made.

CRITICAL

The trial will not be continued from its setting unless the Court issues a written order.

will not be continued from that trial setting except by written order of the Court.

CRITICAL

If counsel fails or refuses to identify lead counsel on the pleadings, counsel's illness, absence from the city, or other engagement is not grounds for a continuance or passing the case.

Should Counsel fail or refuse to indicate who such counsel is on the pleadings, then it shall not be grounds for continuance or the passing of the case that such Counsel is sick or out of the city or otherwise engaged.

CRITICAL

Counsel’s other engagements do not justify postponing a preferentially set case unless good cause is shown by motion and notice filed more than ten days before trial.

After a case has been preferentially set, other engagements of counsel shall not be grounds for postponement of a case specially set, unless good cause is shown on motion and notice filed more than ten days before the date set for trial.

CRITICAL

A request to continue a pre-trial hearing because counsel has another setting in a different court must show when that other setting was made.

pre-trial hearing because counsel has another setting in a different court must show the date the setting was made in the other court.

CRITICAL

A request to pass, postpone, or reset a jury trial may not be granted unless counsel for all parties have been notified and the movant certifies that the client was notified the motion was filed.

No requests to pass, postpone or reset any jury trial shall be granted unless counsel for all parties have been notified and the Movant certifies that the client has·been notified of the filing of the motion.

WARNING

When the same attorney is called to trial in different courts at the same time, the case set earlier takes preference unless the Court exercises its discretion otherwise.

If the same attorney is called to trial simultaneously in different Courts, then the case on which the earlier setting was made shall take preference over the case having the later setting, except at the discretion of the Court.

WARNING

A tentative schedule in another court is not a basis for granting a continuance.

Tentative schedules in some other Court will not be grounds for granting a continuance.

WARNING

Counsel's engagement in matters pertaining to another case may support no more than one motion for continuance.

The fact that such Lead counsel or counsel is engaged in matters pertaining to any other case shall be grounds for no more than one motion for continuance.

WARNING

When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the number and style of the case and the Court in which the attorney is scheduled and should state the length of time required for hearing or trial.

When a Motion for Continuance is made on the basis that counsel already has a trial setting in another court, such motion should state the number and style of the case and the Court in which the attorney is scheduled and should state the length of time required for hearing or trial.

WARNING

For conflicting settings, the earliest setting has preference, except that criminal cases in all District courts take priority over civil cases.

In case of such conflicting settings, the Court whose date of setting is the earliest shall have preference, and other Courts shall yield to such prior setting; except that criminal cases in all District courts shall have priority over civil cases.

WARNING

A jury case not reached when all parties are ready may be carried over to a nonconflicting docket and receives preference, except that preferentially set cases are reset by the judge who granted the setting.

Jury cases not reached for trial when all parties are ready may be carried over to the next available docket not in conflict with. other trial settings of the attorney, and such a "carry over" case shall have preference over other cases set for the later dockets, except for cases with a preferential setting. Preferential settings shall not be subject to. a carry over status, but shall be reset by the Judge granting the preferential setting.

WARNING

Nothing herein shall prevent any Court making a subsequent setting from insisting upon a trial in the event the case in the Court of the piror setting is settled, passed or othenlise disposed of.

Nothing herein shall prevent any Court making a subsequent setting from insisting upon a trial in the event the case in the Court of the piror setting is settled, passed or othenlise disposed of.

INFO

The court reserves the right to check whether counsel's appearance is necessary in the other court when a continuance is sought based on a conflicting setting.

The court will reserve the right to check the appearance of counsel is necessary at such other Courts.