McLennan County Courts at Law Adjournment & Extension Requirements

CRITICAL

A continuance does not extend the deadline for pre-trial motions to the subsequent Pre-trial unless the Court grants leave.

The deadline for filing pre-trial motions will not be extended to the subsequent Pre-trial except on leave of Court.

CRITICAL

A motion to continue pre-trial must be submitted in writing, verified, and served on opposing counsel.

c. Motions to continue Pre-trial must be submitted in writing, verified, and served on opposing counsel;

CRITICAL

Defense counsel may request a status-docket reset by telephone, email, facsimile, or in person by 4:00 p.m. on the preceding business day.

Cases may be reset by defense counsel by telephone , email , facsimile or in person no later than 4:00 p.m. on the business day preceding the status docket date.

CRITICAL

Final hearings must occur within 200 days after arrest on the capias unless good cause is shown for further extensions.

Final hearing will occur in all such cases within 200 days from the date of arrest on the capias, unless good cause is shown for further extensions.

CRITICAL

A trial continuance will not be granted without a showing of harm from unforeseeable or unexpected circumstances, unless a statute provides otherwise.

b. No continuance will be granted absent the showing of harm due to unforeseeable or unexpected circumstances, or unless provided for by statute.

CRITICAL

A reset requested on the status-docket date must be presented to the Court in person; the defendant need not attend.

Requests for resets made on the date of the status docket must be presented in person to the Court, and will be added to the queue of plea papers submitted during the status docket. The defendant is not required to be present.

CRITICAL

A motion to continue Pre-trial must be submitted in writing, verified, and served on opposing counsel.

a. must be submitted in writing, verified , and served on opposing counsel ;

CRITICAL

Advance requests to reset a probation hearing must be made in person by 4:00 p.m. the preceding day and approved by the Judge; same-day requests may be presented only when the docket begins, and the defendant must be present.

Advance requests for a reset must be made in person no later than 4:00 p.m. on the day preceding the probation hearing date and must be approved by the Judge. Requests for resets made on the scheduled date of the probation hearing may not be presented until the Court begins the docket and will be added to the queue of plea papers submitted during the docket. The defendant must be present.

CRITICAL

A disposition-setting reset request must be made in writing and approved by opposing counsel by 3:00 p.m. on the preceding business day, or made in person with the defendant present when the case is called at the Disposition docket.

All requests to reschedule a disposition setting must be made in writing and approved by opposing counsel by 3:00 P.M. on the preceding business day, or in person with the defendant present at the Disposition docket, only at the time the case is called .

CRITICAL

A trial-continuance request by the State or the Defense must be submitted in writing, verified, and served on opposing counsel.

a. Any request for a trial continuance by the State or the Defense must be submitted in writing, verified, and seNed on opposing counsel.

WARNING

A case continued by the Court or not reached will receive an immediate new trial date and will not return to the Pre-trial Docket without good cause.

c. Any case which is either continued by the Court or not reached will receive an immediate new trial date - no case will be returned to the Pre-trial Docket without good cause.

WARNING

A continuance based on a pending PTIP application may be granted only at the initial pre-trial and only for six weeks.

b. if based upon a pending application for the Pre-Trial Intervention Program ("PTIP"), will be granted only at the initial pre-trial , for a period of 6 weeks;

WARNING

Status-docket resets requested within the 180-day period may be for no more than four weeks.

Resets requested within the 180 day period will be for no more than four (4) weeks.

WARNING

If pre-trial is continued, the Court will set a later pre-trial, but the pre-trial-motion filing deadline does not carry over unless the Court grants leave.

(1) If a pre-trial continuance is granted, the case will be scheduled for a later Pre-trial to be determined by the Court. The deadline for filing pre-trial motions will not be extended to the subsequent Pre-trial except on leave of Court.