Webb County Courts at Law Adjournment & Extension Requirements

CRITICAL

A trial setting may not be reset without prior notice to the court or a continuance motion, and the court must approve the reset or continuance.

parties may not to reset a trial setting prior notice is to the court or a motion for continuance is and the court approves either reset or continuance.

CRITICAL

Counsel first appearing after the first or second final setting takes the case as is and may not seek further delay.

If the first appearance of counsel is not on the first or second final setting of a case, then counsel takes the case as is, without further delays.

CRITICAL

A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.

A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.

CRITICAL

The court may grant an extension for cause shown.

if any, an extension of is granted by the Court for calise shown.

CRITICAL

Counsel must follow the applicable rules, statutes, and proper motion practice when seeking relief, including a continuance.

Counsel must follow the TEXAS RULES OF CIVIL PROCEDURE, other applicable rules and statutes, and proper motion practice for proper consideration of any requested relief, including continuance requests.

CRITICAL

A trial continuance may be based on a settlement in writing or on the record, or a timely continuance motion under the Texas Rules of Civil Procedure with the court's consent; the text also refers to agreement or motion by all parties.

No trial shal I be except by: A. Settlement, in writing or on record; Written agreement/motion continuance of all parties, with consent of C. A motion for continuance timely tiled under Rules Civil Procedure with consent the court;

CRITICAL

A continuance motion related to a Monday jury setting is subject to a Thursday filing cutoff, absent good cause; some wording in the source is illegible.

A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause.

CRITICAL

The text indicates that a defendant’s continuance motion must be submitted three days before the scheduled trial.

continuance, Defendant, must (1) with 29 T.R.CR; must three days before the Court before scheduled trial

WARNING

In-court oral requests to continue a case should be made only for emergencies or last-minute, unforeseen situations.

In-court oral requests to continue a case should only be made because of emergencies or last-minute, unforeseen situations, otherwise last-minute requests for continuance reflect failure to prepare beforehand—and all of which is not in the best interest of justice or judicial economy.

WARNING

Oral continuance requests are highly disfavored; reset requests should be written at least 48 hours before the hearing or, if that is not practical, as soon as practical.

Oral requests for continuance are highly disfavored, and requests for reset should be in writing, at least 48 hours before a hearing—or as soon as practical.

WARNING

Motions for continuance should state whether opposing counsel, or any opposing self-represented person, agrees or opposes the request.

Motions for continuance should state whether opposing counsel, or any opposing self-represented person, agrees or opposes the request.

WARNING

Absent exigent, unforeseen circumstances, the Court, as a matter of policy, generally grants continuances in the following circumstances: 1. Lack of service; 2. First setting; and 3. First appearance by counsel.

Absent exigent, unforeseen circumstances, the Court, as a matter of policy, generally grants continuances in the following circumstances: 1. Lack of service; 2. First setting; and 3. First appearance by counsel.

INFO

The Court prefers written, verified continuance motions over Rule 11 Agreements.

Written, verified motions for continuance are preferred to Rule 11 Agreements.

INFO

The Court prefers requests for additional time in this order: agreed written continuance motions, unopposed written motions, opposed written and verified motions, Rule 11 Agreements, then oral in-court requests on the record.

The Court’s preference to requests for additional time are as follows, and in this order: a) Agreed-to, written motions for continuance; b) Unopposed, written motions for continuance; c) Opposed, written, and verified motions for continuance; d) Rule 11 Agreements; and e) Oral1 in-court requests made on the record.