As amended through August 27, 2024
Rule 12 - CONFLICTING ENGAGEMENTS OF ATTORNEYS; PRIORITY OF CASES(a)ATTORNEY IN TRIAL IN ANOTHER COURT . (1) An attorney who is in trial in one court may not be ordered to appear for trial in another court. When informed that an attorney is presently in trial in another court, the court may, in its discretion, verify the information and take whatever action the court deems necessary.(b)ATTORNEY ASSIGNED TO TWO OR MORE COURTS FOR THE SAME DATE . (1) Attorneys shall advise the affected judges of all dual settings as soon as the attorney becomes aware of them.(2) Attorneys shall advise the affected courts that they are assigned to two or more courts for the same date and/or time. Judges who are confronted with conflicting settings, and which cannot be resolved by the parties, should confer and attempt when practicable to agree on which case has priority. Judges should observe the following priorities when attempting to prioritize cases involving an attorney with conflicting trial assignments: (A) Criminal Cases (pursuant to Article 32A.01 of the Texas Code of Criminal Procedure, criminal cases have priority over civil case settings).(B) Circumstances to consider in resolving conflicts between criminal case settings include the factors outlined in Article 32A.01, whether the Defendant is confined pending trial (including other detainers such as a "blue warrant"), the age of the case, the number of resets, the Defendant's right to a speedy trial and related circumstances, the availability of subsequent trial dates, witness availability, and any other legal requirement necessary for the prompt trial of either case.(C) Cases given preference by statute (see § 23.101 of the Texas Government Code), and de novo proceedings under Chapter 201 of the Texas Family Code.(D) Preferentially set cases.(E) Case(s) with the earliest setting date(s).(F) Case(s) with the earliest filing date(s).(G) Courts in larger counties should yield to courts in smaller or rural counties in all other instances of conflicting trial assignments.(H) Age of the case, whether a jury has been requested, and whether the case is pending in a multi-judge or single-judge county should be considered.(3) If the affected judges cannot resolve a conflict in settings or agree on which case should have priority, the Local Administrative Judge (if the cases are pending in the same county) or the Presiding Judge will decide how to proceed. If two or more administrative judicial regions are involved and the Regional Presiding Judges cannot resolve the conflict, the Regional Presiding Judges shall request the Chief Justice of the Texas Supreme Court or his/her designee to resolve the conflict.Tex. 7th. Admin. Reg. R. 12