AUSTIN, Texas – Indicted Texas Gov. Rick Perry must appear for a court hearing on Oct. 31.

A judge set the date Monday for a pretrial hearing to discuss procedural issues, including whether the special prosecutor leading the case against Perry was properly sworn in.

The governor was in Europe and skipped Monday’s proceedings in Austin. But he will have to be there when the case goes back to court.

Special prosecutor Michael McCrum has until Nov. 7 to respond to two motions to quash the case. Perry’s lawyers call the case unconstitutional, but also want it dismissed on technicalities.

A Texas grand jury indicted Perry in August on two felony counts of abuse of power over a veto threat involving public corruption prosecutors.

Perry maintains he was within his rights.