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Yes, yes he would have to file a motion to continue one of the cases.... the attorney in NM can talk to the prosecutor and likely get an agreed order for a short continuance, normally 2 weeks, so he can deal with the TX custody case.
The judge will approve the agreed order as long as the prosecutor doesn't have any problem with it, and they rarely do object..
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If that were true, then there wouldn't be any further hearings scheduled and the judge would have just ruled at the last hearing on the matter. Never believe what the other side is telling you as they have an incentive to lie..
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