Nacogdoches County Justice of the Peace Courts Adjournment & Extension Requirements

CRITICAL

An attorney requesting a reset under this rule is responsible for confirming that the presiding judge granted the motion.

An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.

CRITICAL

Continuance requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; applicable notice and pleading requirements must be followed, and the Court may decide the motion with or without a hearing.

Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter. The notice and pleading requirements of law must be followed. Motions for continuance may be granted or denied with or without a hearing by the court.

CRITICAL

If a defendant cannot pay court costs or a fee assessed at a Pre-Trial Conference, an extension for the minimum time indicated as needed by the defendant must be allowed.

If court costs and/or a fee are assessed at a Pre-Trial Conference and the defendant cannot remit the required payment, an extension for the minimum amount of time needed as indicated by the defendant, shall be allowed for the defendant to remit the required payment.

CRITICAL

A civil continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before trial or hearing; the Court strongly suggests consulting the opposing party.

A motion for continuance in a civil matter shall be in writing stating why the postponement is necessary and be filed with the Court at least three (3) business days preceding the day of the trial or hearing. The Court strongly suggest that the party seeking the continuance in a civil matter visit with the opposing party in hopes to come to an agreement to the request.

CRITICAL

A civil continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before trial or the hearing.

A motion for continuance in a civil matter shall be in writing stating why the postponement is necessary and be filed with the Court at least three (3) business days preceding the of the trial or hearing.

CRITICAL

Attorneys or defendants must request an appearance reset at least 24 hours before the setting, unless circumstances justifying a later request arise afterward and the presiding judge so determines.

Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.

WARNING

If the attorney is not actually in trial as represented, the case may proceed to trial without further notice.

If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.

WARNING

A defendant may request more time to pay in full, and the Court decides each request based on the case and surrounding circumstances.

• Defendant may ask the Court for an extension of time to pay in full. Each case is looked at by the Court and determination is based on the case before the Court and circumstances surrounding the request.

INFO

When an attorney has conflicting trial assignments in two Nacogdoches County courts, the Justices of the Peace will confer on priority, considering jury trials, criminal cases, cases preferred by statute, and then cases with the earliest filing date.

The Justices of the Peace will confer on which case has priority, with consideration given to the following: (1) Jury Trials (2) Criminal Cases (3) Cases given preference by statute (4) Cases with the earliest filing date

INFO

If a conflict exists on the court’s schedule, a defendant may request one reset of the Pre-Trial setting.

If a conflict on the court’s schedule exists, defendants may request one reset of their Pre-Trial setting.

INFO

The Court will verify a reported trial assignment and reset the case if the assignment is confirmed.

When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation.