Harris County District Courts Adjournment & Extension Requirements

CRITICALCivil cases

No continuances will be granted to move from a preferential setting except for death or serious illness of a party/lead counsel or an immediate family member; witness unavailability is not grounds for a continuance.

That they understand that there will be no continuances granted to move from the preferential setting except for the death or serious illness of a party/lead counsel or an immediate member of her/his family (unavailability of a witness at the time of trial will not be grounds to continue a preferential setting); and

CRITICALCivil cases

Any motion to continue a preferentially set case requires an oral hearing.

Any motion to continue a preferentially set case will require an oral hearing.

CRITICALCivil cases

First continuances require a showing of good cause and substantial need for delaying the trial setting.

First continuances may be granted for good cause and must demonstrate substantial need for a delay of the trial setting.

CRITICALCivil cases

Agreed/unopposed continuances in cases older than 2 years must be set for an oral hearing.

Agreed/Unopposed Continuances (Exception: All continuances filed in cases older than 2 years must be set for an oral hearing.)

CRITICALCivil cases

Trial or pretrial-deadline continuance motions must include an appropriate affidavit unless agreed, and should be filed early.

Motions for trial or pretrial deadline continuances MUST be accompanied by an appropriate affidavit, unless they are agreed. Continuance motions should be filed early.

CRITICALCivil cases

A summary-judgment motion cannot be passed; the party must proceed or withdraw, and a reset request must comply with Rule 166a and is allowed only if that rule authorizes it.

Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it. Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.

CRITICALCivil cases

A non-moving party requesting an oral hearing on a summary judgment motion must file a motion for continuance of the submission date.

If a non-moving party would like an oral hearing, then a motion for continuance of the submission date should be filed.

CRITICAL

Continuances after the third must show substantial need and must be set for an oral hearing whether agreed or opposed.

Continuations after the third continuance must demonstrate substantial need for a delay of the trial setting and must be set for oral hearing whether agreed or opposed.

CRITICAL

Motions for continuance are governed by Texas Rules of Civil Procedure 251 and following.

Motions for continuance shall be governed by the Texas Rules of Civil Procedure, 251, et. seq.

CRITICAL

A change in representation granted by the court is not grounds for a continuance.

Granting of motions permitting change in representation shall not be grounds for a continuance.

CRITICALCivil cases

A request to reset a summary judgment hearing or submission must strictly comply with Rule 166a and will be granted only when that rule authorizes it.

Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.

CRITICALCivil cases

A continuance after the first reset must demonstrate substantial need and be set for oral hearing, whether agreed or opposed.

Any request for a continuance after the first reset must demonstrate a substantial need to delay the trial setting and must be set for oral hearing, regardless of whether the motion is agreed or opposed.

CRITICALCivil cases

A summary-judgment motion cannot be passed; the party must proceed or withdraw, and a reset request must comply with Rule 166a and is allowed only if that rule authorizes it.

Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it. Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.

CRITICALCivil cases

A continuance request after the first reset must demonstrate substantial need, be set for oral hearing whether agreed or opposed, and follow a prefiling conference with the Court Coordinator.

Any request for a continuance after the first reset must demonstrate a substantial need to delay the trial setting and must be set for oral hearing, regardless of whether the motion is agreed or opposed. Before filing such a motion, counsel must confer with the Court Coordinator regarding the Court’s procedures.

CRITICALCivil cases

A motion for continuance is required; agreed motions need all counsel signatures; second motion needs thorough reason; third needs dire necessity.

A Motion for Continuance must be filed in order for the Court to consider a trial to be continued. Motions that notate "Agreed" must contain signatures of all counsels. The Court will consider a first motion for continuance, a second motion for continuance must have a thorough reason, and a third motion for continuance must have a dire necessity reason notated. The Court will not be so inclined to grant a third, fourth, or fifth motion for continuance.

CRITICALCivil cases

Opposed continuance motions require an oral hearing; a third or later continuance motion requires an oral hearing even if agreed.

All opposed Motions for Continuance require an oral hearing. If it is the 3rd or more Motion for Continuance, an oral hearing is required regardless of any agreements between the parties.

WARNING

Upon request, a 90-day continuance should be granted under a rebuttable presumption when lead counsel has a child by birth or adoption.

The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.

WARNINGCivil cases

Continuance/reset requires agreed motion and proposed amended DCO; if no agreement, state reasons; deadlines remain until new DCO.

Parties seeking continuance/reset, must submit an agreed motion for continuance/reset, along with a proposed amended DCO agreed to by all parties. If parties cannot agree to a proposed amended DCO, the reasons for non-agreement should be stated with specificity. All deadlines remain in effect until a new DCO is entered. The Court prefers motions to reset the trial date instead of motions for continuences.

WARNING

Continuances are governed by T.R.C.P. 251 through 254.

Continuances shall be governed by T.R.C.P. 251 through 254.

WARNING

Upon lead counsel’s request, the birth or adoption of a child creates a rebuttable presumption that a 90-day continuance should be granted.

The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.

WARNING

Upon request, a 90-day continuance should be granted presumptively when lead counsel has a child by birth or adoption, subject to rebuttal.

The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.

WARNING

Motions for continuance are suspended until further notice.

Motions for Continuance are suspended until further notice.

WARNINGCivil cases

File motions for continuance as soon as possible, preferably 7 days prior to trial and before assignment to a trial.

Motions for Continuances need to be filed as soon as possible preferably 7 days prior to trial and before you are assigned.

WARNINGCivil cases

Motions for continuance should be filed as early as possible; motions filed after trial coordinator assignment are disfavored.

Motions for Continuance should be filed as early as possible. Motions filed after receiving assignment from the trial coordinator will not be looked upon favorably.

WARNINGCivil cases

For cases filed 18 months or less ago, the first and second agreed continuances should be filed as Rule 11 Notices and include the reason for the request.

If the case is 18 months or less from the date of filing, first and second agreed continuances should be filed as a Rule 11 Notice. Please include the reason that you are requesting a continuance as you would in the motion.

WARNINGCivil cases

The standard docket control order does not require ADR; parties who consider mediation appropriate should schedule it promptly and should not wait until the trial period is near to seek a continuance for mediation.

The court’s standard docket control order does not require the parties to complete ADR.If you believe that your case is appropriate for mediation schedule mediation as soon as practicable. Do not wait until the two-week trial period is near to file a continuance to complete mediation.

WARNING

Upon lead counsel’s request, the birth or adoption of a child creates a rebuttable presumption that a 90-day continuance should be granted.

The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.

WARNINGCivil cases

Continuances: first motion and first two agreed motions granted without oral hearing; later motions need additional explanation and must demonstrate need and client notification.

The Court will grant the first motion for continuance filed by either party. Additionally, the Court will grant the first two agreed motions for continuance without the need for an oral hearing. Any subsequent motion for continuance will require additional explanation. The movant must demonstrate the need for the continuance and indicate that the clients have been informed.

WARNING

The Court will generally allow one continuance; a first or second request must be filed 24 hours before docket call, other requests require a hearing, and an reasonable explanation is required.

Generally, the Court will allow one timeliness continuance. First or second requests for continuance must be filed early but in any sense at least 24 hours before the docket call, and will be considered at or before the docket call. A hearing prior to the docket call will be required on any request for additional continuances after the first or second request thereafter. The Court requires a reasonable explanation that takes into account the current age and status of the case and whether opposing party is prejudiced by further delay.

WARNING

First continuances are available for good cause or by agreement, and an agreed first continuance does not require a hearing unless the Court decides otherwise.

First continuances may be granted for good cause or upon agreement of the parties if a motion for continuance is filed sufficiently in advance of the trial setting. If agreed, first continuances will not require a hearing unless after reviewing the motion the Court deems one necessary.

WARNINGCivil cases

Summary judgment hearings cannot be continued via email or phone; withdrawal requires a notice and proposed order, and resetting requires an affidavit or declaration explaining the need.

Hearings and submission settings for Motions for Summary Judgment cannot be passed via e-mail or phone call. If a party wishes to withdraw their pending motion for summary judgment and cancel the hearing, they must file a notice withdrawing the motion and a proposed order granting the withdrawal. If a party wishes to reset an oral hearing or submission setting on a Motion for Summary Judgment, they must file an affidavit or declaration indicating why the hearing needs to be moved.

WARNING

Upon request, a 90-day continuance should be granted under a rebuttable presumption when lead counsel has a child by birth or adoption.

The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.

WARNINGCivil cases

Agreed continuance motions do not bind the Court and may be granted only at its discretion.

Agreed motions for continuance are not binding on the Court and will be granted only at the Court’s discretion.

WARNINGCivil cases

An agreed first continuance does not require a hearing unless the Court determines one is necessary.

If agreed, a hearing is not required unless, upon review of the motion, the Court determines that one is necessary.

WARNINGCivil cases

A first continuance may be granted for good cause or party agreement if the motion is filed sufficiently before trial.

A first continuance may be granted for good cause or upon agreement of the parties, provided the motion is filed sufficiently in advance of the trial setting.

WARNINGCivil cases

A first continuance may be granted for good cause or party agreement if filed sufficiently before trial; an agreed request needs no hearing unless the Court determines one is necessary.

A first continuance requested by either party (plaintiff or defendant) may be granted for good cause or upon agreement of the parties, provided the motion is filed sufficiently in advance of the trial setting. If agreed, a hearing is not required unless, upon review of the motion, the Court determines that one is necessary.

WARNINGCivil cases

An agreed motion for continuance does not bind the Court and will be granted only at the Court’s discretion.

Agreed motions for continuance are not binding on the Court and will be granted only at the Court’s discretion.

WARNINGCivil cases

When passing (adjourning) a hearing, call the court clerk and all parties as soon as possible.

When passing a hearing, call the court clerk and all parties as soon as possible.

WARNINGCivil cases

Continuance requests, even agreed ones, are not expected to be granted without good reasons.

Parties should not expect that a continuance request, even an agreed request, to be granted in the absence of good reasons for the continuance.

WARNINGCivil cases

Continuance motions should be filed as early as possible; those filed after trial assignment are disfavored.

Motions for Continuance should be filed as early as possible. Motions filed after receiving assignment from the trial coordinator will not be looked upon favorably.

WARNINGCivil cases

An agreed continuance motion on the first trial setting does not require an oral hearing unless the case is three years old.

If you are currently on your 1st trial setting, and have filed an agreed motion with an order, it does not have to be set for an oral hearing, unless the case is 3 years old.

INFOCivil cases

Opposed continuance requests may be set for oral hearing or submission docket.

Opposed continuance requests may be set for oral hearing or submission docket.

INFOCivil cases

Agreed continuances may be submitted immediately for ruling without an oral hearing.

Agreed continuances may be submitted immediately for ruling without oral hearing.

INFOCivil cases

Continuance motions based on trial conflicts are held by the Court until the morning of the Court's trial assignment.

If counsel has a conflict with another trial setting, the motion for continuance will be held by the Court until the morning of this Court's trial assignment.

INFOCivil cases

Providing more detail in a continuance motion may improve its chance of being granted.

The more detail in your motion, the better the chance that it will be granted.

INFO

Upon request, a 90-day continuance should be granted under a rebuttable presumption when lead counsel has the birth or adoption of a child.

The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.

INFOCivil cases

Parties should generally follow these guidelines in determining if extra time is required: Dispositive motions, summary judgment motions, and jurisdictional motions, requiring more than 20 minutes of total (for both the movant and all respondents) time for argument; All evidentiary hearings (other than defaults, minor settlements, or transfer of structured payments); and Pre-trial motions - including sanctions, discovery, and procedural motions - that will require more than 10 minutes of total (for both the movant and all respondents) time for argument.

Parties should generally follow these guidelines in determining if extra time is required: Dispositive motions, summary judgment motions, and jurisdictional motions, requiring more than 20 minutes of total (for both the movant and all respondents) time for argument; All evidentiary hearings (other than defaults, minor settlements, or transfer of structured payments); and Pre-trial motions - including sanctions, discovery, and procedural motions - that will require more than 10 minutes of total (for both the movant and all respondents) time for argument.

CRITICAL

Once trial docket call occurs, continuances will only be granted for extraordinary circumstances.

NO CONTINUANCES WILL BE GRANTED after Docket Call and once or twice a case is assigned for the trial unless in extraordinary circumstances that could not have been anticipated by the parties.