Fort Bend County, TX Adjournment & Extension Requirements

CRITICAL

A setting may be passed by a motion for continuance only if the court grants it.

7.1.4 A motion for continuance granted by the court.

CRITICAL

When a case is rescheduled, counsel must obtain the future date from the Coordinator or Judge before leaving the courtroom.

When a case is to be rescheduled, the future date must be obtained from the Coordinator or Judge prior to leaving the courtroom.

CRITICAL

Motions for continuance should be filed early and must be in writing and presented before the trial setting.

Motions for Continuance should be filed early and must be in writing and presented in advance of the trial setting.

CRITICAL

A case cannot be continued or passed without Court approval.

A case is not continued or passed without the approval of the Court.

CRITICAL

Filing a motion for continuance does not excuse attorneys from appearing.

Filing a Motion for Continuance does not automatically excuse appearance of the attorneys.

CRITICAL

Every motion for continuance, whether agreed, unopposed, or opposed, must state its number in the sequence of continuance motions.

ALL Motions for Continuance (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion”, etc.).

CRITICAL

A case may not be continued or passed without Court approval; failure to appear at a pretrial or trial setting without approval may result in dismissal for want of prosecution.

A case is not continued or passed without the approval of the Court. Failure to appear at a pre-trial or trial setting, without the approval of the Court, may result in a dismissal for want of prosecution.

CRITICAL

Every continuance or reset motion, whether agreed, unopposed, or opposed, must state which numbered continuance motion is being filed.

ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.).

CRITICAL

A motion to continue a trial or pretrial deadline must include an appropriate affidavit unless the motion is agreed.

Motions for trial or pretrial deadline continuances MUST be accompanied by an appropriate affidavit, unless they are agreed.

CRITICAL

Criminal continuance motions must be written and presented before the trial setting.

Motions for continuance must be in writing and be presented in advance of the trial setting.

CRITICAL

Reset requests should be emailed before docket call with the defendant’s name, docket date, and counsel’s electronic signature block and contact information; if timely email is not possible, counsel must contact the Court or appear to discuss the request, and the Court retains discretion to grant it.

To prevent forfeiture, requests for resets should be emailed before docket call. Emails must include defendant’s name and docket date and provide counsel’s electronic signature block with contact information. If unable to timely email a reset request, you must contact the Court or otherwise appear to discuss the situation with the Judge presiding over the proceedings. The granting of any reset is subject to the Court’s discretion.

CRITICAL

Continuance motions must be written and presented before the trial setting, except in emergency circumstances.

Motions for continuance must be in writing and be presented in advance of the trial setting absent emergency circumstances.

CRITICAL

Every reset request, including one submitted by email, must include the defendant’s signature.

All resets (including those submitted via email) MUST include the defendant’s signature.

CRITICAL

For cases pending less than one year, the first continuance will be granted with or without cause if the parties agree, and they must file an Agreed Motion/Order or announce their agreement at the trial setting.

a. For cases pending less than one year, the first continuance will be granted with or without cause by agreement of the parties. Parties must either file an Agreed Motion/Order or appear at the trial setting and announce the agreement.

CRITICAL

For cases pending more than one year, a continuance request requires a written motion even if unopposed or agreed; if granted, a new trial date will be set at that time.

b. For cases pending more than one year, a request for continuance requires a written motion (even if it is unopposed or agreed). If the continuance is granted, a new trial date will be set at that time.

CRITICAL

Only the party who set a hearing or the Court may pass it, and passing one hearing does not pass another party’s hearing.

f. Hearings may only be passed by the party setting the hearing or by the Court. Passing a hearing does not pass any other hearing set by another party.

CRITICAL

For a case more than a year old, a motion for continuance must be filed by submission or set for a hearing.

b. For cases more than year old, a Motion for Continuance shall be filed by submission or set for a hearing.

CRITICAL

A motion for continuance must be set for submission or hearing at least ten days before trial.

c. Motion for Continuance must be set for submission or hearing at least ten (10) days prior to the trial date.

CRITICAL

A continuance motion must be set for submission or hearing at least ten days before trial.

Motions for Continuance must be set for submission or hearing at least ten (10) days prior to the trial date.

CRITICAL

For cases more than a year old, a continuance motion must be filed by submission or set for hearing.

For cases more than year old, a Motion for Continuance shall be filed by submission or set for a hearing.

WARNING

When county buildings close, the District Courts remain closed until reopening is announced, and essential matters are rescheduled or held at approved alternate locations.

If the County Judge of Fort Bend County announces that County buildings will be closed, the District Courts will remain closed until the County Judge announces the reopening of the buildings. Essential court matters will be rescheduled or held at approved alternate locations.

WARNING

All nonessential matters in the District Courts will be canceled on the days classes are canceled. Should the school closure last more than seven (7) days, the District Courts will communicate an alternate schedule on their websites.

All nonessential matters in the District Courts will be canceled on the days classes are canceled. Should the school closure last more than seven (7) days, the District Courts will communicate an alternate schedule on their websites.

WARNING

When the District Courts invoke the procedure, nonessential matters are continued and rescheduled, while essential matters proceed as scheduled.

10.3 If the District Courts invoke these Inclement Weather, Emergency, and Public Health Scheduling Procedure, then all non-essential court matters will be continued and re-scheduled. Essential court matters will go forward as scheduled.

WARNING

Essential court matters proceed as scheduled unless the parties receive notice from the assigned court.

10.2.6 Essential court matters will go forward as scheduled unless the parties receive notice from the assigned individual court.

WARNING

When counsel reports being in trial elsewhere, opposing counsel may request verification, and the case will be held or reset depending on when counsel is released.

Trial settings where counsel states he is in trial elsewhere will first be verified upon request of opposing counsel. The case will be placed on "hold" or reset, depending upon when the attorney will be released.

WARNING

If counsel is not actually in trial as represented, the case will proceed to trial without further notice.

If the attorney is not in trial as represented by the attorney or agent, the case will be tried without further notice.

WARNING

The court may, in its discretion, grant a continuance for a matter scheduled before the vacation letter is filed.

It is within the court's discretion to grant a continuance in matters scheduled prior to the filing of the vacation letter.

WARNINGCivil cases

Resetting or continuing the initial trial setting does not change established deadlines unless an order provides otherwise.

Reset or continuance of the Initial Trial Setting will not alter any deadlines established in the Order or established by the Texas Rules of Civil Procedure, unless otherwise provided by an order.

WARNING

Late filing of a motion will rarely, by itself, justify a continuance.

Late filing of motions will rarely be a sufficient basis for a continuance.

WARNING

A change of counsel is not a sufficient ground for a continuance.

Change of counsel is not a sufficient ground for a continuance.

WARNING

Continuance motions should be filed early.

1. Continuance motions should be filed early.

WARNING

Continuance motions should be filed as early as possible; in cases over two years old, the movant must show a significant reason or proper basis and why it could not have been addressed earlier, subject to the Court’s stated flexibility for unforeseen discovery needs, recent developments, witness conflicts, and similar reasons.

Continuance motions should be filed as early in the case as possible. Cases that are more than 2 years old will need to demonstrate a significant reason or proper basis for continuance along with a showing of why such basis for continuance could not have been accomplished earlier. However, the Court intends to be reasonable when continuances are necessary due to the need for discovery that could not have been anticipated, or when recent developments warrant a continuance, or due to witness scheduling conflicts, or other similar reasons.

WARNING

In a case more than two years old, failure to complete mediation or other ADR before the trial setting is not a proper basis for a trial continuance.

For cases that are more than 2 years old, the failure to have conducted mediation/ADR prior to the trial setting shall not be a proper basis or reason for a trial continuance.

WARNING

For a school closure extending multiple days, the court may offer a Zoom hearing instead of resetting the case if all parties are available and agree; no defaults will be taken during inclement-weather closures.

e. *If the school district closure extends over multiple days, the court may give parties the opportunity to have their cases heard via Zoom in lieu of being reset if all parties are available and agree. However, no defaults will be taken during inclement weather closures.

WARNING

Upon request, the birth or adoption of a child by lead counsel or a party creates a rebuttable presumption that a 90-day continuance should be granted.

c. The birth or adoption of a child by lead counsel or a party shall create a rebuttable presumption that a 90 day-continuance should be granted upon request.

WARNING

Cases set on a day the court closes for inclement weather are automatically reset, and parties should contact the Court Coordinator for a new date.

c. Court Closure: All cases set on a day that the court is closed due to inclement weather will automatically be reset. Please contact the Court Coordinator for a new date.

WARNING

When the court delays its start, parties should confirm their hearing time with the Court Coordinator, and an attorney or party unable to appear at the updated time may request a reset.

d. Delayed Start: If FBISD is on a “delayed start,” the 505th will delay start as well. Please contact the Court Coordinator to confirm the time of your hearing. Due to anticipated time constraints, the time allowed for each hearing may be limited. If an attorney or party is unable to appear at the updated start time, a reset may be requested.

WARNING

For a case less than a year old, the first motion for continuance will generally be granted, subject to court approval.

a. Generally, for cases less than a year old, the first Motion for Continuance will be granted, subject to the Court's approval.

WARNING

For cases less than a year old, the first continuance motion will generally be granted, subject to Court approval.

Generally, for cases less than a year old, the first Motion for Continuance will be granted, subject to the Court's approval.