Rule 17.1.Method of Resolution
Rule 17. CONFLICTS–STATE AND FEDERAL COURTS · Last amended 2026 · Last verified July 17, 2026
Full Text of Rule 17.1
Plain-English Summary
Every trial lawyer eventually gets scheduled in two places at once. Rule 17.1 does not treat every overlap as a real conflict — it only counts when the attorney is lead counsel or a subpoenaed witness in two or more matters, and only after the attorney certifies that no one else in the case or the firm can adequately cover it. That threshold keeps the rule from being used to dodge routine appearances.
Once a conflict exists, the attorney owes prompt written notice to opposing counsel, the clerks, and the judges in every affected court, ideally at least seven days before the conflict date. The notice has to propose an order for handling the cases, ranked the way the rule requires. If nobody objects, that proposed order stands as offered — no hearing needed. Judges can still rework the order themselves, but only after they have talked to each other and agreed on the change.
When there is no agreement, the rule supplies the tiebreaker itself. Criminal felony cases, Judicial Qualifications Commission matters, and habeas actions beat civil cases outright, and a case with a timely speedy-trial demand automatically jumps to the front unless the court in which the speedy trial demand is pending directs otherwise. Below that, jury trials outrank non-jury matters, and within non-jury matters, dependency and parental-rights hearings come before ordinary trials, which come before everything else. If two matters still tie within the same category, the case that was filed first wins.
Resolving a conflict this way does not force a continuance of the case that loses priority — it just fixes the order. And the rule keeps working even after cases get resolved: if a higher-priority matter settles or gets disposed of before or during its scheduled slot, the attorney has to tell everyone affected and move on to the next case in line, unless there is good cause not to.
Frequently Asked Questions
When does an attorney’s overlapping court dates count as a conflict under Rule 17.1?
Only when the attorney is lead counsel or has been subpoenaed as a witness in two or more actions and certifies that the matters cannot be adequately handled by other counsel for the party or by other lawyers in the firm.
How much advance notice should an attorney give of a scheduling conflict?
Attorneys are expected to give written notice that will be received at least seven days before the date of the conflict.
What happens if no one objects to the attorney’s proposed resolution of a conflict?
The proposed order of conflict resolution stands as offered, without need for a hearing or further order.
What type of case takes top priority when courts and counsel cannot agree on how to resolve a conflict?
Criminal felony cases, proceedings or meetings before either panel of the Judicial Qualifications Commission, and habeas actions take priority over civil actions, and a criminal case with a timely speedy-trial demand automatically takes precedence over everything else, unless the court in which the speedy trial demand is pending directs otherwise.
If the higher-priority case in a conflict gets resolved early, must the attorney still notify everyone?
Yes. The attorney must immediately notify all affected parties and the court of the disposal and, absent good cause, proceed with the remaining case in the priority order the rule sets out.
Amendment History
Amended effective March 9, 1989; October 9, 1997; January 17, 2008; October 23, 2008; October 25, 2012; November 28, 2013; July 15, 2021; April 9, 2026.