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Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 4. Conflicting Settings

Current as of January 01, 2024 | Updated by Findlaw Staff

4.1. Attorney in Trial.  If an attorney is actually in trial in one court, such attorney may not be put to trial in another court.

4.2. Settings in Multiple Courts.  When an attorney is assigned to two courts for the same date, it is the duty of the attorney to call each affected judge's attention to the conflicting settings as soon as they are known to the attorney or reasonably may be anticipated.  Upon being notified of a conflicting setting, the affected judges should confer and agree on which case has priority.

4.3. Priority of Settings.  The following priorities are established to aid judges in determining which case has priority:

a. District Court cases take priority over cases set in the County Court.

b. Criminal cases (pursuant to Article 32A.01 of the Texas Code of Criminal Procedure, criminal cases have priority over civil case settings).

A conflict of settings of two criminal District Court cases should be resolved by considering all relevant circumstances including the factors outlined in Article 32A.01, whether the defendant is confined pending trial (including other detainers such as “blue” warrants), the length of time each case has been pending, the number of times each case has previously been set for trial, a defendant's right to a speedy trial based upon the circumstances of the respective cases, the availability of future trial dates for each case, witness availability, and any other legal requirement necessary for a prompt trial of either case under applicable law.

Notwithstanding the foregoing, all criminal cases where the defendant is in custody will have priority over cases where the defendant is on bond.

c. Cases given preference by statute (see Section 23.101 of the Texas Government Code), and de novo proceedings under Chapter 201 of the Texas Family Code.

d. Earliest set case.

e. Earliest filed case.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 4. Conflicting Settings - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-hays-cty-dist-chapter-4/

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