Kleberg County District Court, Texas Adjournment & Extension Requirements

CRITICAL

A party seeking a continuance because discovery is incomplete must state the reason, the time needed to complete discovery, 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

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

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

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

CRITICAL

If a continuance motion cannot be heard on the District Court’s regular pretrial date, its proponent must obtain a timely hearing setting.

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.

CRITICAL

Filing a continuance motion does not excuse the defendant or counsel from appearing; the court may issue a warrant or impose bail consequences for a defendant’s absence and sanctions, including contempt, for counsel’s absence.

The mere filing 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 shall authorize the District Court to impose appropriate sanctions against said counsel, including contempt.

WARNING

When counsel is engaged in another court, the case remains on the docket 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 Court may yield to counsel’s conflicting settings in other courts based on the listed priorities: jailed criminal cases, cases preferred by statute, otherwise preferentially set cases, earlier settings, earlier filing dates, and complex cases.

The Court may yield to counsel's conflicting settings in other courts as determined by the f o l l o w i n g : (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. Ce) A case with an earlier f i l i n g date, (f; A complex case.