Brown County District Court Adjournment & Extension Requirements

Civil cases

Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.

Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.

A continuance, postponement, or reset will not be granted unless all parties consent or non-requesting parties are notified and given an opportunity to object.

No request for a continuance, to pass, postpone or reset any trial, pretrial, or other hearing shall be granted unless counsel for all parties consent, or unless all parties not joining in such request have been notified and have had an opportunity to object.

Civil cases

A request for continuance requires a motion and/or an order for hearing before the Court considers the matter.

1. Requests for Continuance (TRCP 251) M/O;

Civil cases

A request for an extension requires a motion and/or an order for hearing before the Court considers the matter.

2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;

Civil cases

A continuance that would extend beyond the original deadline requires a hearing, extraordinary-circumstances findings, and an accompanying motion for extension.

The difference is whether the continuance would require an extension beyond the original deadline, those will require a hearing as it will require those extraordinary findings, and a motion for extension should accompany the continuance request.

Civil cases

An extension beyond the allotted 12 months requires a hearing and a judicial finding of extraordinary circumstances.

Any extension of time over the allotted 12 months requires the Court to make a finding of “extraordinary circumstances” and will require a hearing.

A continuance motion must be filed under the applicable civil or criminal procedure rule, state notice and consent by all opposing parties or include an order setting a hearing, and comply with the conflicting-settings rule.

A motion must be filed pursuant to Rule 245 of the Texas Rules of Civil Procedure; as amended or Article 29.01, Texas Code of Criminal Procedure, as applicable, and the motion (i) must state all opposing parties have been notified of the request and consent to the request; or (ii) be accompanied by an order setting the motion for a hearing. Any Motion for Continuance based upon conflicting settings shall comply with Rule 1.3a of these rules. Any motion that does not meet these requirements will not be acted upon by the Court.

An attorney with conflicting trial settings must immediately notify the courts concerned and attach the conflicting court's setting notice to any continuance motion based on the conflict.

Whenever an attorney has two or more cases on trial dockets for trial at the same time, it shall be the duty of the attorney to bring the matter to the attention of the courts concerned immediately upon learning of the conflicting settings. Any Motion for Continuance based on a conflict in settings shall be accompanied by a copy of the setting notice from the conflicting court.