Hidalgo County District Courts Adjournment & Extension Requirements

All motions to continue a trial setting, including joint motions, must be decided by the court, and joint continuance motions are not automatically granted.

4.7 Continuances. 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.

After the court grants a continuance, an immediate docket control conference must occur, and the order must reset the case for trial.

Upon granting a Motion for Continuance, a docket control conference shall immediately be held. The Order granting such Motion for continuance shall contain an Order resetting the case for trial.

If a new trial date changes deadlines in the prior scheduling order, the court must enter a new scheduling order.

If the other deadlines set out in the Court’s prior scheduling order change due to the new trial date, a new scheduling Order shall be entered.

An attorney seeking a continuance because of conflicting settings must file a verified motion stating the conflicting case’s cause number, style, and court; failure may result in denial 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.

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

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

The court may impose sanctions, including contempt, when counsel fails to appear without adequate cause.

If counsel fails to appear without adequate cause, the court may impose appropriate sanctions, including contempt.

The court may not grant a jailed defendant’s trial continuance unless the defendant receives an opportunity to comment at a record hearing or counsel and the defendant sign a written filing stating that the continuance’s purpose and effect were explained.

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.

When the court continues a trial setting on its own motion, the continuance and next trial setting must be docketed, and the District Clerk must promptly notify the State, defendant, and defense counsel.

Where a court Continues a trial setting on its own motion, this fact shall be recorded on the docket of the continued case together with the next trial setting. The District Clerk shall promptly provide notice of this next trial setting to the State, the defendant, and defense counsel.

A postponement or continuance ground not raised by or at the announcement hearing may be waived unless it arose afterward or could not reasonably have been discovered earlier.

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.

Counsel’s absence is excused when caused by conflicting settings and supported by 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.