Rule 6.040.Resolving Scheduling Conflicts
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 6.040
Plain-English Summary
The rule has a precondition worth noticing. It applies when a party is scheduled to appear in more than one court at the same time and has been unable to obtain a postponement in one of them. Try the postponement route first. This rule is what happens after that fails.
The mechanics are unusual in one respect: the decision does not belong to either trial judge. The conflict is resolved by the presiding judges of the affected courts, and the affected party has to move in both courts, not just the one it would rather leave.
The rule then tells those judges what to weigh. Statutory preference. The custodial status of a criminal defendant. The filing date of each case. The dates on which the courts sent notices of the trial date. The relative complexity of the cases. Whether a competent, prepared substitute attorney is available. And the inconvenience to the parties, the witnesses, or the court. A motion that speaks to these factors gives the presiding judges what they need; one that says only that the lawyer is busy does not.
If the presiding judges consult each other and still cannot resolve it, they must refer the conflict to the Chief Justice for summary resolution. The referral is theirs to make, not the party's.
Frequently Asked Questions
I have appearances in two courts at the same time. What do I do?
First try to get one of them postponed. This rule only comes into play once you have been unable to obtain a postponement in one of the courts. At that point, file a motion in both courts and let their presiding judges sort out which appearance goes forward.
Who decides which case takes priority?
The presiding judges of the affected courts, acting together. That is a step above the individual judges assigned to the two cases, which is why the motion has to be filed in both courts.
What do the judges look at when they decide?
Seven things: statutory preference, the custodial status of a criminal defendant, the filing date of the case, the dates the courts sent notices of the trial date, the relative complexity of the cases, whether a competent and prepared substitute attorney is available, and the inconvenience to the parties, the witnesses, or the court.
What if the two presiding judges cannot agree?
They consult with each other, and if that does not resolve it they must refer the conflict to the Chief Justice for summary resolution. The rule says nothing about how the Chief Justice takes it up.
Do I file one motion or two?
Two. The rule says the conflict is resolved on motion of the affected party in both courts, so filing only in the court you want to leave will not start the process.