Rule *3.07 - CONFLICTING SETTING AND ASSIGNMENTS OF COUNSEL(A) THE RULES OF ADMINISTRATION OF THE ADMINISTRATIVE REGION APPLY AND CONTROL.(B) ATTORNEY ALREADY IN TRIAL IN ANOTHER COURT:(1) WHEN INFORMED THAT AN ATTORNEY IS PRESENTLY IN TRIAL, THE COURT WILL DETERMINE WHERE AND WHEN ASSIGNED.(2) THIS INFORMATION WILL BE VERIFIED UPON REQUEST OF OPPOSING COUNSEL OR AT THE COURT'S OWN DISCRETION.(3) THE CASE WILL BE PLACED ON "HOLD" OR RESET, DEPENDING ON WHEN THE ATTORNEY WILL BE RELEASED.(4) IF THE ATTORNEY IS NOT ACTUALLY IN TRIAL AS REPRESENTED BY THE ATTORNEY OR THE ATTORNEY'S AGENT, THE CASE WILL BE TRIED WITHOUT FURTHER NOTICE.(C) *ATTORNEY ASSIGNED TO TWO COURTS FOR THE SAME DATE:(1) ANY ATTORNEY WHO RECEIVES A SETTING THAT IS IN CONFLICT WITH ANOTHER SETTING, SHALL PROMPTLY PROVIDE ADVANCE NOTICE TO THE COURTS AND OPPOSING COUNSEL OF SUCH CONFLICT AND SHALL INDICATE IN SUCH NOTICE ANY PRIORITY BY INDICATING THE ORDER OF SETTINGS BY DATE OR ANY OTHER PRIORITY AS PROVIDED FOR IN RULE 3.07. WHERE SUCH NOTICE OF A CONFLICTING SETTING IS NOT TIMELY PROVIDED, THE COURT MAY CHOOSE TO REFUSE A MOTION FOR CONTINUANCE. (2) INSOFAR AS PRACTICABLE, JUDGES SHOULD ATTEMPT TO AGREE ON WHICH CASE HAS PRIORITY, OTHERWISE, THE FOLLOWING PRIORITY SHALL BE OBSERVED BY THE JUDGES OF THE RESPECTIVE COURTS: A. CRIMINAL CASES AND JUVENILE CASES.B. CASES GIVEN PREFERENCE BY STATUTE.C. PREFERENTIALLY SET CASES.D. CASE SET AT EARLIEST DATE.E. CASE WITH EARLIEST FILING DATE. ANY DISAGREEMENT BETWEEN JUDGES AS TO PREFERENCE SHALL BE DECIDED BY THE LOCAL ADMINISTRATIVE JUDGE.
(D) THE UNAVAILABILITY OF A PARTICULAR LAWYER IN A FIRM WILL GENERALLY NOT BE CONSIDERED GROUNDS FOR A CONTINUANCE OF ANY CASE WHERE OTHER LAWYERS IN THE FIRM HAVE HAD SIGNIFICANT INVOLVEMENT IN THE CASE, SUCH AS SIGNING PLEADINGS, MAKING COURT APPEARANCES, OR ATTENDING DEPOSITIONS.(E) COUNSEL SHALL BE EXCUSED FROM APPEARING FOR ANY PURPOSE AT ANY TIME WHEN COUNSEL IS SCHEDULED TO APPEAR BEFORE AN APPELLATE COURT OF THE UNITED STATES, THE STATE OF TEXAS, OR ANY OTHER STATE. *RULE 3.07(C) WAS APPROVED BYTEXAS SUPREME COURT ON APRIL 12, 2000.
El Paso Cnty. L. R. *3.07