El Paso County Courts at Law Adjournment & Extension Requirements

CRITICAL

Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.

Any ground for continuance of the trial setting known by the attorney or the party shall be presented to the court at least 14 days prior to the trial setting or at the pretrial conference, if any, whichever shall occur first, or may be waived. This rule does not apply if a deadline is set separately under the governing scheduling order or as set by standing order of the presiding court.

CRITICAL

Agreed, all-party-signed continuance motions are granted unless they unreasonably interfere with court business; other continuance motions require compelling reasons clearly stated in the motion.

Agreed motions for continuance signed by all parties shall be granted unless the delay would unreasonably interfere with the other business of the court. Motions for continuance will not be granted absent a showing of compelling reasons, which must be clearly articulated in the motion.

CRITICAL

Grounds for a continuance must be presented at least 10 days before the hearing, unless exigent circumstances apply.

Any ground for continuance shall be presented to the court at least 10 days prior to the hearing absent exigent circumstances.

CRITICAL

Agreed extension motions and orders must be granted without a hearing if statutory requirements are met and the reasons are stated specifically.

Agreed motions and orders for extensions shall be granted without hearing if the statutory requirements are met and the reasons are outlined with specificity.

CRITICAL

A continuance may be granted for good cause, which must be fully stated in the written motion, and only for as long as necessary.

A case may be continued upon a showing of good cause which cause shall be fully set forth in the written motion and only for as long as necessary.

CRITICAL

A motion for continuance based on witness unavailability must contain the information required by Chapter 29 of the Texas Code of Criminal Procedure.

Motions for continuance based on the unavailability of witnesses must contain the information required by Chapter 29 of the Texas Code of Criminal Procedure.

CRITICAL

A motion for continuance must be written and sworn to by someone with personal knowledge of the facts relied on.

All motions for continuance must be in writing and sworn to by a person having personal knowledge of the facts relied on for the continuance.

WARNING

If notice of a conflicting setting is not timely provided, the court may refuse a motion for continuance.

Where such notice of a conflicting setting is not timely provided, the court may choose to refuse a motion for continuance.

WARNING

An attorney’s unavailability generally is not grounds for a continuance when other attorneys in the firm have significantly participated in the case.

The unavailability of a particular attorney in a firm will generally not be considered grounds for a continuance of any case where other attorneys in the firm have had significant involvement in the case, such as signing pleadings, making court appearances, or attending depositions.

WARNING

Military leave and vacation requests must be honored when timely filed.

All military leave and vacation requests shall be honored when timely filed.

WARNING

A motion for continuance should be accompanied by a proposed order granting or denying the requested relief.

All motions for continuance should be accompanied by a proposed order granting/denying the requested relief.