Texas Motion for Continuance

Introduction

Key Things to Know

1. 1

   Until the judge grants your motion, the hearing or trial date stands. Attend unless the court tells you it was moved; filing a motion does not guarantee a continuance.

2. 2

   Texas Rule of Civil Procedure 251 says no continuance is granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.

3. 3

   For missing testimony, Rule 252 requires an affidavit showing the testimony is material, that you used due diligence, the witness's name and residence, and that the request is not made for delay only.

4. 4

   Absence of counsel is not good cause for a continuance when the case is called for trial, unless the court allows it in its discretion (Rule 253). Do not treat it as a sure ground.

5. 5

   A party or attorney who is a legislator may be entitled to a legislative continuance under Rule 254 and Civil Practice and Remedies Code 30.003. It covers settings within 30 days before a session and runs until 30 days after adjournment; if the legislator was employed within 10 days of the setting, the continuance is discretionary.

6. 6

   No application for a continuance is heard before the defendant files a defense (Rule 251). Rules 251 to 254 set no fixed day count for filing the motion, so file as early as you can.

7. 7

   In justice court, including small claims, Rule 503.3(b) lets a party file a motion stating why a postponement is necessary, and the judge may postpone for good cause for a reasonable time.

Texas Requirements for Motion for Continuance

• Sufficient Cause Supported by Affidavit

  Tex. R. Civ. P. 251: no continuance is granted except for sufficient cause supported by affidavit, by consent of the parties, or by operation of law.

• Affidavit for Missing Testimony

  Rule 252: the affidavit must show the testimony is material, due diligence was used, the witness's name and residence, and that the request is not for delay only.

• Absence of Counsel

  Rule 253: absence of counsel is not good cause when the case is called for trial, except in the discretion of the court.

• Legislative Continuance

  Rule 254 and CPRC 30.003: a party or attorney who is a legislator may receive a continuance for settings within 30 days before a session, until 30 days after adjournment; discretionary if employed within 10 days of the setting.

• Timing of the Application

  Rule 251: no application for a continuance is heard before the defendant files a defense. Rules 251 to 254 set no fixed day count for filing.

• Agreed Continuance

  Rule 251 allows a continuance by consent of the parties. Rule 330, in certain districts, says agreed continuances need the court's approval.

• Justice Court Postponement

  Rule 503.3(b): the motion must state why a postponement is necessary, and the judge may postpone for good cause for a reasonable time.

• Grounds Stated in the Motion

  List each ground as a separate labelled paragraph, with the affidavit facts, the requested new timing, and whether the other side agrees.

• Certificate of Service

  Include a certificate stating the date and method by which the motion was sent to the other party or attorney.