Kleberg County Court at Law Adjournment & Extension Requirements

CRITICAL

A continuance motion by either the State or the defendant must be in writing and filed on or before the District Court’s regular pretrial hearing date.

(b) A motion for continuance, whether by the State or by the defendant, shall be in writing and shall be filed on or before the regular pretrial hearing date of the District Court.

CRITICAL

Only the District Court may hear, consider, and grant a motion to continue a trial setting.

(a) Only the District Court shall hear, consider and grant a motion for continuance of a trial setting.

CRITICAL

If the case is not reached for trial for a reason other than incomplete discovery, it must be reset within 120 days of the scheduled date, and pretrial deadlines are not extended absent good cause for additional time.

I-f the case is not reached -for trial -for any reason, other than due to incomplete discovery, the case shall be reset for trial within 120 days of the scheduled trial date, without extension of any pretrial dead! ines, unless good cause is shown for additional time therefore.

CRITICAL

In addition to meeting the requisites o-f Rules 251 thru 253, T.R.Civ.P., a motion -for continuance shall specify the reason for the continuance. The party seeking the continuance shall state in writing that he is aware of the motion and that he agrees to it. The motion shall also state whether it is opposed or agreed to. The motion shall state a proposed trial date. The motion shall be f i l e d at least five days before the Final Pretrial Conference and, if not earlier disposed of, shall be decided at said Conference .

In addition to meeting the requisites o-f Rules 251 thru 253, T.R.Civ.P., a motion -for continuance shall specify the reason for the continuance. The party seeking the continuance shall state in writing that he is aware of the motion and that he agrees to it. The motion shall also state whether it is opposed or agreed to. The motion shall state a proposed trial date. The motion shall be f i l e d at least five days before the Final Pretrial Conference and, if not earlier disposed of, shall be decided at said Conference .

CRITICAL

If a continuance motion cannot be heard on the regular District Court pretrial date, its proponent must obtain a timely hearing setting and promptly notify the adverse party; the Clerk need not present the motion.

If a motion for continuance cannot be heard on the regalar pretrial hearing date of the District Court, it shal1 be the duty of the proponent of the motion to obtain a timely setting for a hearing on the motion, with prompt notice to the adverse party. The Clerk shal1 have no duty to present the motion to the District Court.

CRITICAL

(c) Except for good cause shown on the face of the motion , the District Court shall not consider any motion for

(c) Except for good cause shown on the face of the motion , the District Court shall not consider any motion for

CRITICAL

Filing a continuance motion does not excuse the defendant or counsel from appearing at the scheduled setting; the court may impose the stated consequences for either person's failure to appear.

The mere f i l i n g of a motion for continuance does not excuse the absence of the defendant or counsel at the scheduled setting. Failure of the defendant to appear shall authorize the District Court to issue a warrant for the arrest of the defendant , to order the forfeiture of bail , and/or to increase or deny bail . Failure of counsel to appear shal 1 authorize the District Court to impose appropriate sanctions against said counsel , including contempt.

CRITICAL

A movant seeking a continuance because discovery is incomplete must state why discovery is incomplete, how much time is needed to finish it, and a proposed new trial date.

If the case is not ready for trial due to incomplete discovery, the movant seeking a continuance shall state the reason for the incomplete discovery, the time required to complete discovery and a proposed new trial date.

CRITICAL

When counsel is engaged in another court, the case remains on the docket until reached for trial or hearing unless the Court continues it to a later date.

When informed that counsel is engaged in another court , the case shall remain on the docket until it is reached for trial or hearing T unless the Court continues the cause to a 1ater date.

WARNING

The case must be tried on its scheduled date.

The cause shall be tried on the scheduled date.

WARNING

The Court may yield to counsel's conflicting settings according to the listed priority factors, including jailed criminal cases, preferential settings, earlier setting or filing dates, and complex cases.

The Court may yield to counsel's conflicting settings in other courts as determined by the following: (a) A criminal case in which the defendant is in jail. (b) A case given preference by statute. (c) A case otherwise preferentially set. (d) A case with an earlier setting date. (e) A case with an earlier filing date, (f) A complex case.

WARNING

A jury-trial demand is not grounds to advance or substantially delay the trial or any proceeding in the case.

A demand for a jury trial shall not be grounds for advancement or substantial del ay of the trial or of any proceeding in the case

INFO

If a jury demand follows an original nonjury setting, the Court may try the case with a jury on the same date if one is available or place it on the next available jury docket.

If the case was originally set for nonjury trial and a demand is later made for jury trial, the Court may try the case with a jury on the same setting if a jury is available, or add the case to the next available jury docket.