Hidalgo County Courts at Law Adjournment & Extension Requirements

CRITICALCivil cases

All motions to continue a trial setting, including joint motions, require a court ruling, and joint motions are not automatically granted.

All Motions for Continuance of a Trial Setting including joint motions of all parties must be ruled on by the Court. Joint Motions for Continuance are not automatically granted.

CRITICALCivil cases

Grounds for postponement or continuance may be waived if not raised before or at the announcement hearing, unless they arise later or could not have been discovered through reasonable diligence.

Every ground for postponement or continuance not brought to the Court’s attention prior to or at the announcement’s hearing may be deemed waived and may not be considered unless grounds arise after that time, or unless said grounds could not have been discovered by counsel in the exercise of reasonable diligence before such time.

CRITICALCivil cases

A docket control conference must be held immediately after a motion for continuance is granted.

Upon granting a Motion for Continuance, a docket control conference shall immediately be held.

CRITICALCivil cases

An attorney seeking a continuance due to conflicting settings must file a verified motion stating the conflicting setting’s cause number, style, and court; the court may deny a deficient motion without a hearing.

If an attorney moves for Continuance due to conflicting settings, the attorney must file a verified motion that states the cause number, style, and court of the conflicting setting. Failure to submit a verified motion with the required information may cause the court to deny the motion without a hearing.

CRITICALCivil cases

A continuance of a trial setting for a jailed defendant may be granted only after a record hearing gives the defendant an opportunity to comment, or counsel files a written motion or response signed by counsel and the defendant stating that counsel explained the continuance’s purpose and effect.

A court shall not grant a motion for continuance of a trial setting for a jailed defendant unless; (a) a record hearing is held where the defendant is afforded an opportunity to personally comment on the request for continuance; or (b) defense counsel files a written motion or response, signed by counsel and the defendant, stating that counsel explained the purpose and effect of the requested continuance to the defendant.

WARNINGCivil cases

Filing a motion for continuance does not excuse counsel or the defendant from appearing at a scheduled hearing.

Mere filing of a motion for continuance does not excuse the absence of counsel or the defendant at a scheduled hearing.

WARNINGCivil cases

Counsel’s absence due to conflicting settings is excused if counsel filed a verified continuance motion describing the conflict.

If counsel fails to appear due to conflicting settings and has filed a verified motion for continuance describing the conflict, counsel’s absence shall be excused.