Special Prosecutor Michael McCrum filed a motion in Travis County Court Wednesday, arguing Gov. Rick Perry should be required to attend pretrial hearings.

The motion is in response to a request from Perry’s legal team that the governor be permitted to skip any hearing where evidence isn’t presented, beginning with a hearing scheduled for October 13. Perry’s lawyers assert Perry has “long standing plans” to be in Europe on that date. They further argue that it is common practice for the court to waive a defendant’s presence at all non-evidentiary pretrial hearings.

McCrum’s motion disputes that assertion, arguing that there are plenty of legitimate reasons the defendant would need to be present. “The defendant improperly suggests that there is a presumption that important issues will not be addressed,” the brief says. “The absence of an evidentiary hearing does not necessarily indicate that important substantive issues could arise at any court setting.”

McCrum also argued Perry should be denied special treatment. “Mr. Perry should not be treated any differently than any other citizen of the State of Texas who is charged with committing felony crimes and who is obligated to be at all court settings,” the brief says. “From carpenters to lawyers to judges accused of anything from tickets to federal felonies, all are expected to appear in court.”

McCrum did offer to reschedule the October 13 pretrial hearing for a date when the governor will be in town.

Perry is charged with two felonies stemming from a 2013 veto. A grand jury found that Perry abused his power when he threatened to cut funding to the Travis County Public Integrity Unit. Perry justified the threat — and the veto — saying the public lost confidence in DA Rosemary Lehmberg’s ability to lead the unit, following her drunk driving conviction.