Attorneys and pro se litigants understand that they are not excused from attending Court based on the filing of a motion for continuance or any request for continuance. All motions and requests for continuance must be sworn to, in writing, and must be submitted to and received by the Court no less than 24 hours before the date of the hearing sought to be continued. When submitting a motion for continuance, the defendant and his/her attorney are required to attach an order for the judge to sign indicating whether the motion has been granted or denied. There will be no re-sets of any jury trials, except upon an emergency situation. Only if the motion is granted are attorneys and parties excused from appearing. It is the duty of the movant to ascertain whether the Judge has granted or denied their motion for continuance.
If the motion has not been granted, the attorneys and parties are required to attend the Court session to which they were assigned. If the motion for continuance was granted by the Judge, the attorneys, pro-se litigants, and all other parties agree to appear at the new court date. It is the duty of all attorneys and pro-se litigants to contact the Court and ascertain the time and date to which the case is reset.
Failure to appear at the time and date on which your case is re-set shall constitute a Failure To Appear/Bail Jumping criminal charge to be issued against the defendant, and it may also be grounds for a contempt of court (order) charge being filed against the attorney, as well as referral to the State Bar of Texas for disciplinary proceedings. A continuance may be requested for the reasons set forth in the Code of Criminal Procedure Art. 28.01.