Hays County Courts at Law Adjournment & Extension Requirements

CRITICALCivil cases

Deadlines may be modified only by a filed written agreement or a court order based on good cause.

Deadlines may be modified only by written agreement filed with the Court or by Court order upon a showing of good cause.

CRITICAL

By agreement, the parties may seek a continuance of a trial setting by filing an agreed motion with the Clerk and notifying the Court Coordinators in writing.

By agreement, the parties may request the continuance of a trial setting by filing an agreed motion for continuance with the Clerk of the Court and advising the Court Coordinators in writing of the agreed continuance.

CRITICAL

A continuance motion must be filed at least three days before the hearing or trial, except that a motion based on facts arising within the three days beforehand may be filed within that period and must be filed as soon as possible.

(1) General Rule. A party moving for a continuance of a hearing or trial must file its motion at least three days before the hearing or trial date unless the motion is based on facts that occur on or after the third day before the hearing or trial date. (2) Exception. A party may file a motion for continuance within three days of the hearing or trial, if that motion is based on facts that occurred within three days before the hearing or trial date: (A) The moving party must file the motion for continuance as soon as possible.

CRITICAL

A Plea & Sentencing Hearing may be continued only with the Court’s written approval.

The Court must give its written approval for the continuance of a Plea & Sentencing Hearing.

WARNING

If opposing counsel cannot confer for a Pretrial Hearing, counsel may request a continuance to a date and time agreed upon by counsel.

If opposing counsel are unable to confer for the purposes of Pretrial Hearings Nos. 1 through 4, then counsel may request that the Court continue the Pretrial Hearing of the particular number or type to an agreed upon date and time.

WARNING

An unrepresented defendant may choose one reset for an additional Pretrial Hearing No. 1 to retain counsel.

(d) One Additional Reset for Pro Se Defendants. If a defendant is unrepresented by counsel, then that defendant will be given the option of one reset for an additional Pretrial Hearing No. 1 to retain counsel with an accompanying Order to Employ Counsel.

WARNING

The Court may reschedule a matter if it determines that the matter cannot reasonably be heard within the announced time.

The Court has the discretion to reschedule any matter that the Court determines cannot reasonably be heard within the announced time.

WARNINGCivil cases

The Court may modify deadlines upon motion for good cause shown or through a Docket Control Order.

The Court may modify any deadlines upon motion and for good cause shown, or through the entry of a Docket Control Order that modifies any deadlines.

WARNING

If vacation time was not properly designated, the Court may grant a continuance in appropriate circumstances.

If an attorney does not properly designate a period of vacation in accordance with these Local Rules, the Court maintains the discretion to grant a motion for continuance in appropriate circumstances.

WARNING

Parties may not agree to pass a setting in a case retained on the Court’s docket after a dismissal-for-want-of-prosecution notice.

The parties must notify the Court Coordinators of an agreement to pass a setting as soon as possible. However, parties cannot agree to pass a setting for a case that was retained on the Court’s docket following a dismissal for want of prosecution notice.

WARNING

Proceedings will not be delayed or continued solely to accommodate recording, broadcasting, or photographing.

(a) Prohibition. Proceedings or sessions will not be delayed or continued for the sole purpose of allowing recording, broadcasting, or photographing, whether because of installation of equipment, obtaining consent, conduct of the proceeding related to the recording, broadcasting, or photographing, or other questions.