Texas Defendants Motion For Continuance
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FAQ
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
What is a continuance? A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance.
A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.
2610 Step 1: Fill out these forms. 2610 Step 2: Ask the other side to sign both forms. 2610 Step 3: Turn in your motion form. 2610 Step 4: Ask the judge to sign your order form. 2610 Step 5: Send a file-stamped copy of the order to the other side.
The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
You must fill out and sign a "reset form" at the Court Clerk's office. If you wish to reschedule your court date more than once for any reason, you must file a written "Motion for Continuance" at the Court Clerk's office on or before the scheduled court date.