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Court Rules

Webb County District Courts Adjournment & Extension Requirements

67 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances.

CRITICAL

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. A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause. A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.

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. A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause. A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.

Court-level rulesOfficial source

CRITICAL

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;

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;

Court-level rulesOfficial source

CRITICALCriminal cases

The Court will not consider a continuance motion on the scheduled trial date unless good cause is shown.

D. Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.

Judge Jose A. Lopez

CRITICALCriminal cases

Counsel may not pass a trial setting by agreement without the trial judge’s prior approval.

A. No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.

Judge Jose A. Lopez

CRITICALCriminal cases

Continuance motions by either the State or the Defendant must comply with Chapter 29 of the T.R.CR, be filed at least three working days before jury selection, and be presented to and considered by the Court before the scheduled trial date.

B. Motions for continuance, whether by the State or the Defendant, must comply: (1) with the provisions of Chapter 29 of the T.R.CR; (2) must be filed at least three working days before jury selection; and (3) presented to and considered by the Court before the scheduled trial date.

Judge Jose A. Lopez

CRITICALCriminal cases

After the deadline specified in Rule 6.13 B, only matters arising after that period may be considered good grounds for filing a continuance motion.

C. Only matters arising subsequent to the time period specified in Rule 6.13 B may be considered as good grounds for filing a motion for continuance after that date.

Judge Jose A. Lopez

CRITICAL

The parties may not reset a trial setting without prior notice to the court or a motion for continuance, 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.

Judge Jose A. Lopez

CRITICAL

A motion for continuance in a non-jury case must be filed at least four days before the non-jury trial date.

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

Judge Jose A. Lopez

CRITICAL

A trial may be continued only through the listed means, including a timely continuance motion with the court’s consent.

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;

Judge Jose A. Lopez

CRITICAL

The Court may grant an extension for cause shown.

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

Judge Jose A. Lopez

CRITICALCivil cases

Parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.

4. The parties may ask for a continuance in writing. at least ten (10) days before the non-jury trial date and thirty (30) days before the jury trial date.

Judge Jose A. Lopez

CRITICALCivil cases

If a continuance is granted, the case will be set for pretrial at the next available setting, subject to the Court’s discretion, and the trial date will be no more than 30 days after the pretrial hearing.

If the Court grants a continuance, the case will be automatically set for pre-trial seven days following the original scheduled hearing date the next available setting, subject to the Court’s discretion. The Court will also set a trial date not to exceed thirty (30) days from the pre-trial hearing.

Judge Jose A. Lopez

CRITICAL

After the Court approves a pretrial order and sets a trial date, a reset is permitted only if the Court approves a written continuance.

16. After the Court approves a pretrial order and a trial date is given, there will be NO RESETS unless approved by the Court in the form of a written continuance.

Judge Monica Zapata Notzon

CRITICALCriminal cases

The court will not consider a continuance motion on the scheduled trial date unless good cause is shown.

Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.

Judge Monica Zapata Notzon

CRITICALCriminal cases

A continuance motion by either the State or the defendant must comply with Chapter 29 of the T.R.CR, be filed at least three working days before jury selection, and be presented to and considered by the court before the scheduled trial date.

Motions for continuance, whether by the State or the Defendant, must comply: (1) with the provisions of Chapter 29 of the T.R.CR; (2) must be filed at least three working days before jury selection; and (3) presented to and considered by the Court before the scheduled trial date.

Judge Monica Zapata Notzon

CRITICALCriminal cases

Counsel may not pass a trial setting by agreement without the trial judge’s prior approval.

No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.

Judge Monica Zapata Notzon

CRITICAL

After approval of a pretrial order and assignment of a trial date, a reset is allowed only if the Court approves a written continuance.

After the Court approves a pretrial order and a trial date is given, there will be NO RESETS unless approved by the Court in the form of a written continuance.

Judge Monica Zapata Notzon

CRITICALCivil cases

A trial setting may be passed only by settlement, an all-party written agreement or motion with court consent, or a timely continuance motion under the Texas Rules of Civil Procedure with court consent; such motions are heard on motion day or sooner if necessary.

No trial setting shall be passed except by: A. Settlement, in writing or on the record; B. Written agreement/motion for continuance of all parties, with consent of the court; C. A motion for continuance timely filed under the Texas Rules of Civil Procedure with consent of the court; D. Such motions shall be heard on the Court's motion day or sooner, if necessary.

Judge Monica Zapata Notzon

CRITICALCivil cases

The parties may not agree to reset a trial setting without prior notice to the court or a timely continuance motion, and court approval is required.

The parties may not agree to reset a trial setting unless prior notice is given to the court or a timely motion for continuance is filed and the court approves either the reset or continuance.

Judge Monica Zapata Notzon

CRITICALCivil cases

For a jury trial, a continuance motion filed after the Thursday before Monday jury selection is untimely unless there is good cause.

A motion for continuance will not be deemed timely if it is filed after the Thursday before the Monday of jury selection without good cause.

Judge Monica Zapata Notzon

CRITICALCivil cases

A continuance motion in a non-jury case must be filed at least four days before trial.

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

Judge Monica Zapata Notzon

CRITICALCivil cases

A continuance motion in a non-jury case must be filed at least four days before the non-jury trial date.

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

Judge Rebecca (Beckie) Palomo

CRITICALCivil cases

The parties may not agree to reset a trial setting without prior notice to the court or a timely continuance motion, and court approval of the reset or continuance.

The parties may not agree to reset a trial setting unless prior notice is given to the court or a timely motion for continuance is filed and the court approves either the reset or continuance.

Judge Rebecca (Beckie) Palomo

CRITICALCivil cases

A continuance motion filed after the Thursday before Monday jury selection is untimely unless there is good cause.

A motion for continuance will not be deemed timely if it is filed after the Thursday before the Monday of jury selection without good cause.

Judge Rebecca (Beckie) Palomo

CRITICALCivil cases

A trial setting may be passed only by settlement, a written agreement or motion for continuance with the stated party and court consent, or a timely continuance motion under the Texas Rules of Civil Procedure with court consent; such motions are heard on the Court’s motion day or sooner if necessary.

No trial setting shall be passed except by: A. Settlement, in writing or on the record; B. Written agreement/motion for continuance of all parties, with consent of the court; C. A motion for continuance timely filed under the Texas Rules of Civil Procedure with consent of the court; D. Such motions shall be heard on the Court's motion day or sooner, if necessary.

Judge Rebecca (Beckie) Palomo

CRITICALCivil cases

Relief from the schedule will not be granted except for good cause shown.

Except for good cause shown: Relief from the this schedule shall not be granted

Judge Rebecca (Beckie) Palomo

CRITICALCivil cases

Any modification to the scheduling order requires leave of court.

Leave of court is required for any modification to this order.

Judge Rebecca (Beckie) Palomo

CRITICAL

A trial setting may be continued by written agreement or motion of all parties with court consent, or by a timely motion under the Texas Rules of Civil Procedure with court consent; continuance motions are heard on the Court’s motion day or sooner if necessary.

B. Written agreement/motion for continuance of all parties, with consent of the court; C. A motion for continuance timely filed under the Texas Rules of Civil Procedure with consent of the court; D. Such motions shall be heard on the Court's motion day or sooner, if necessary.

Judge Rebecca (Beckie) Palomo

CRITICAL

The parties may not agree to reset a trial setting without prior notice to the court or a timely continuance motion, and the court must approve the reset or continuance.

The parties may not agree to reset a trial setting unless prior notice is given to the court or a timely motion for continuance is filed and the court approves either the reset or continuance.

Judge Rebecca (Beckie) Palomo

CRITICAL

For a jury trial, a continuance motion filed after the Thursday before Monday jury selection is untimely absent good cause.

A motion for continuance will not be deemed timely if it is filed after the Thursday before the Monday of jury selection without good cause.

Judge Rebecca (Beckie) Palomo

CRITICAL

A continuance motion in a non-jury case must be filed at least four days before trial.

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

Judge Rebecca (Beckie) Palomo

CRITICAL

A trial setting may be passed based on a settlement that is in writing or on the record.

No trial setting shall be passed except by: A. Settlement, in writing or on the record;

Judge Rebecca (Beckie) Palomo

CRITICAL

An extension of time for a pre-trial motion deadline may be granted by the Court for good cause shown.

All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

Judge Rebecca (Beckie) Palomo

CRITICAL

Counsel may not pass a trial setting by agreement without prior approval from the trial judge.

No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.

Judge Rebecca (Beckie) Palomo

CRITICAL

Continuance motions by either the State or the defendant must comply with Chapter 29, be filed at least three working days before jury selection, and be presented to and considered by the court before the scheduled trial date.

Motions for continuance, whether by the State or the Defendant, must comply: (1) with the provisions of Chapter 29 of the T.R.CR; (2) must be filed at least three working days before jury selection; and (3) presented to and considered by the Court before the scheduled trial date.

Judge Rebecca (Beckie) Palomo

CRITICAL

The court will not consider a continuance motion on the scheduled trial date unless good cause is shown.

Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.

Judge Rebecca (Beckie) Palomo

CRITICALCriminal cases

Counsel may not pass a trial setting by agreement without the trial judge’s prior approval.

A. No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.

Judge Rebecca (Beckie) Palomo

CRITICALCriminal cases

A State or Defendant motion for continuance must comply with Chapter 29 of the T.R.CR, be filed at least three working days before jury selection, and be presented to and considered by the Court before the scheduled trial date.

B. Motions for continuance, whether by the State or the Defendant, must comply: (1) with the provisions of Chapter 29 of the T.R.CR; (2) must be filed at least three working days before jury selection; and (3) presented to and considered by the Court before the scheduled trial date.

Judge Rebecca (Beckie) Palomo

CRITICALCriminal cases

The Court will not consider a continuance motion on the scheduled trial date unless good cause is shown.

D. Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.

Judge Rebecca (Beckie) Palomo

CRITICALCivil cases

The parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.

4. The parties may ask for a continuance in writing. at least ten (10) days before the non-jury trial date and thirty (30) days before the jury trial date.

Judge Rebecca (Beckie) Palomo

CRITICAL

A trial setting may be passed based on a settlement that is in writing or on the record.

No trial setting shall be passed except by: A. Settlement, in writing or on the record;

Judge Rebecca (Beckie) Palomo

CRITICAL

An extension of time for a pre-trial motion deadline may be granted by the Court for good cause shown.

All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

Judge Rebecca (Beckie) Palomo

CRITICAL

Counsel may not pass a trial setting by agreement without prior approval from the trial judge.

No trial setting shall be passed by agreement of counsel without prior approval by the trial judge.

Judge Rebecca (Beckie) Palomo

CRITICAL

Continuance motions by either the State or the defendant must comply with Chapter 29, be filed at least three working days before jury selection, and be presented to and considered by the court before the scheduled trial date.

Motions for continuance, whether by the State or the Defendant, must comply: (1) with the provisions of Chapter 29 of the T.R.CR; (2) must be filed at least three working days before jury selection; and (3) presented to and considered by the Court before the scheduled trial date.

Judge Rebecca (Beckie) Palomo

CRITICAL

The court will not consider a continuance motion on the scheduled trial date unless good cause is shown.

Except for good cause shown, the Court shall not consider any motion for continuance on the scheduled trial date.

Judge Rebecca (Beckie) Palomo

WARNINGCivil cases

A court hearing or jury trial setting may be passed upon written settlement notification, written agreement or continuance motion of all parties, or a timely continuance motion under the Texas Rules of Civil Procedure, with the court’s consent.

As per Local Rule 3.28, a court hearing or jury trial setting may be passed upon written notification of settlement by the parties, written agreement or motion for continuance of all parties, or a motion for continuance timely filed pursuant to TRCP, with the Court’s consent.

Judge David E. Garcia

WARNINGCivil cases

The parties may modify deadlines in the order, except the trial date, through a Rule 11-compliant agreement approved by the court.

Except as to the Trial date, the parties may, with approval of the Court, modify the deadlines set forth in this Order by an agreement that complies with Rule 11 of the Texas Rules of Civil Procedure.

Judge David E. Garcia

WARNINGCriminal cases

Trial-setting priority follows the sequence in the attorney scheduling system, and judges may adjust trial settings by agreement.

B. Conflicts in Trial Settings. Priority for trial settings are governed by sequential order as entered into the attorney scheduling system agreed upon by the judges of the criminal district courts. Adjustments to trial settings can be made by agreement of the judges.

Judge Jose A. Lopez

WARNINGCriminal cases

The Court may grant an extension of time to file a pre-trial motion for good cause shown.

B. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

Judge Jose A. Lopez

WARNING

grants a continuance, the case will be automatically set seven days the original scheduled hearing the next available subject to the Court's discretion.

grants a continuance, the case will be automatically set seven days the original scheduled hearing the next available subject to the Court's discretion.

Judge Jose A. Lopez

WARNINGCivil cases

The parties may modify the Order’s deadlines by a Rule 11-compliant agreement with court approval, but they may not modify the trial date.

Except as to the Trial date, the parties may, with approval of the Court, modify the deadlines set forth in this Order by an agreement that complies with Rule 11 of the Texas Rules of Civil Procedure.

Judge Monica Zapata Notzon

WARNINGCivil cases

A party may request a continuance in writing at least 10 days before a non-jury trial.

4. The parties may ask for a continuance in writing. at least ten (10) days before the non-jury trial date

Judge Monica Zapata Notzon

WARNINGCivil cases

A party may request a continuance in writing at least 30 days before a jury trial.

4. The parties may ask for a continuance in writing. at least ten (10) days before the non-jury trial date and thirty (30) days before the jury trial date.

Judge Monica Zapata Notzon

WARNINGCivil cases

If the Court grants a continuance, it will automatically set a pretrial and then set trial within 30 days of the pretrial, subject to the Court’s discretion regarding the pretrial setting.

If the Court grants a continuance, the case will be automatically set for pre-trial seven days following the original scheduled hearing date the next available setting, subject to the Court’s discretion. The Court will also set a trial date not to exceed thirty (30) days from the pre-trial hearing.

Judge Monica Zapata Notzon

WARNINGCriminal cases

An extension of time to file a pre-trial motion may be granted by the Court for good cause shown.

B. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

Judge Monica Zapata Notzon

WARNINGCriminal cases

After the deadline specified in Rule 6.13 B, only matters arising after that period may be considered good grounds for filing a continuance motion.

Only matters arising subsequent to the time period specified in Rule 6.13 B may be considered as good grounds for filing a motion for continuance after that date.

Judge Monica Zapata Notzon

WARNINGCivil cases

A non-moving counsel who fails to provide alternate hearing dates may not later seek to continue or reschedule the set motion based on prior unavailability.

A non-moving counsel’s failure to provide alternate hearing dates will preclude a later attempt to continue or reschedule a set motion on the basis of prior unavailability.

Judge Monica Zapata Notzon

WARNINGCivil cases

If the admonition is included in a fiat properly served on non-moving counsel, a later non-conforming request to continue or reschedule based on unfamiliarity with the local civil rules will be denied.

If the italicized language in this paragraph is included as an admonition in a fiat properly served on non- moving counsel, a subsequent non-conforming request to continue or re-schedule based on unfamiliarity with the Webb County Local Civil Rules will be denied.

Judge Monica Zapata Notzon

WARNINGCivil cases

Failure to provide alternate hearing dates precludes a later request to continue or reschedule the motion based on that prior unavailability.

A non-moving counsel’s failure to provide alternate hearing dates will preclude a later attempt to continue or reschedule a set motion on the basis of prior unavailability.

Judge Rebecca (Beckie) Palomo

WARNINGCivil cases

If the italicized admonition is included in a fiat properly served on non-moving counsel, a later non-conforming request to continue or reschedule based on unfamiliarity with the local civil rules will be denied.

† If the italicized language in this paragraph is included as an admonition in a fiat properly served on non- moving counsel, a subsequent non-conforming request to continue or re-schedule based on unfamiliarity with the Webb County Local Civil Rules will be denied.

Judge Rebecca (Beckie) Palomo

WARNINGCivil cases

If unavailable on all proposed dates or disputing the time estimate, non-moving counsel may notify the coordinator and moving counsel in writing and propose at least three alternate dates and times or a competing estimate within three business days after receiving the fiat or order.

If unavailable on all proposed hearing dates or if in disagreement with the time estimate, a non-moving counsel may inform the coordinator and moving counsel in writing and propose at least 3 alternate hearing dates and times or a competing time estimate within three business days of receiving the fiat or order setting hearing.

Judge Rebecca (Beckie) Palomo

WARNING

A non-moving lawyer who fails to provide alternate dates may not later seek to continue or reschedule the motion based on the previously known unavailability.

A non-moving counsel’s failure to provide alternate hearing dates will preclude a later attempt to continue or reschedule a set motion on the basis of prior unavailability.1

Judge Rebecca (Beckie) Palomo

WARNING

The parties may request a continuance in writing at least 10 days before a non-jury trial or 30 days before a jury trial.

The parties may ask for a continuance in writing at least ten (10) days before the non-jury trial date and thirty (30) days before the jury trial date.

Judge Rebecca (Beckie) Palomo

WARNING

After the deadline specified in Rule 6.13 B, only matters arising after that deadline may be considered good grounds for a continuance motion.

Only matters arising subsequent to the time period specified in Rule 6.13 B may be considered as good grounds for filing a motion for continuance after that date.

Judge Rebecca (Beckie) Palomo

WARNINGCriminal cases

An extension of time to file a pre-trial motion may be granted by the Court for good cause shown.

B. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted by the Court for good cause shown.

Judge Rebecca (Beckie) Palomo

WARNINGCriminal cases

After the deadline specified in Rule 6.13 B, only matters arising after that time period may be considered good grounds for filing a continuance motion.

C. Only matters arising subsequent to the time period specified in Rule 6.13 B may be considered as good grounds for filing a motion for continuance after that date.

Judge Rebecca (Beckie) Palomo

WARNING

After the deadline specified in Rule 6.13 B, only matters arising after that deadline may be considered good grounds for a continuance motion.

Only matters arising subsequent to the time period specified in Rule 6.13 B may be considered as good grounds for filing a motion for continuance after that date.

Judge Rebecca (Beckie) Palomo
Common questions about Webb County District Courts adjournment & extension requirements

How do I request an adjournment or extension in Webb County District Courts?

Webb County District Courts: 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. A motion for continuance will not be timely ifit is filed Thursday the Monday ofjury without cause. A motion for continuance on a non-jury case must filed no less than four (4) prior to non-jury date.

View ruleOfficial source Source: page 11, section RULE 3.20 RESETTING CASES

Judge Jose A. Lopez: The Court will not consider a continuance motion on the scheduled trial date unless good cause is shown.

View ruleOfficial source Source: page 10, section Rule 6.13 CONTINUANCE/RESETTING/POSTPONEMENTS

Judge Rebecca (Beckie) Palomo: A continuance motion in a non-jury case must be filed at least four days before the non-jury trial date.

View ruleOfficial source Source: page 11, section Rule 3.21 Resetting Cases

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