A Texas Motion for Continuance is a legal request made by one of the parties in a court case to postpone or reschedule a scheduled trial or hearing. It is typically filed when the party requesting the continuance believes that they need more time to prepare their case, gather evidence, or locate witnesses. This motion is governed by the Texas Rules of Civil Procedure and must be supported by valid reasons to be granted by the court. There are several types of Texas Motions for Continuance that can be filed, each with their own specific requirements and purposes. Some of the most common types include: 1. General Motion for Continuance: This is the most basic type of motion, typically filed when the requesting party needs additional time to adequately prepare for trial. It can be based on factors such as the complexity of the case, the need for further investigation, or scheduling conflicts. 2. Medical/Health Related Motion for Continuance: If a party or their attorney has a medical condition or health issue that prevents them from participating in the trial, they can file a motion requesting a postponement. This may require medical documentation to support the request. 3. Witness Unavailability Motion for Continuance: If a crucial witness is unable to appear at the scheduled trial due to factors such as illness, death, or unavailability, the party relying on this witness can file a motion seeking a continuance. This motion should include details about the importance of the witness's testimony and attempts made to secure their presence. 4. Discovery-Related Motion for Continuance: When a party needs more time to complete the discovery process, which involves gathering and exchanging information relevant to the case, they can file a motion for continuance. This type of motion is often granted if the court finds that additional time is necessary to ensure fairness and adequate preparation. 5. Conflict of Counsel Motion for Continuance: If a party's attorney has a scheduling conflict or is unable to represent their client at the scheduled trial, the party can file a motion to continue the proceedings. This motion may require an explanation of the issue and efforts made to resolve the conflict. 6. Emergency or Good Cause Motion for Continuance: In rare situations where an unexpected event or emergency arises shortly before trial, a party can file an emergency motion for continuance. This requires demonstrating good cause, such as an unforeseen illness, natural disaster, or similar circumstances that prevent them from participating in the proceedings as scheduled. It is important to note that each type of Texas Motion for Continuance must be supported by evidence or valid reasons specific to the case. The courts will carefully review these motions and assess the validity of the request before granting or denying the continuance.
Motion For Continuance Texas
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21b. If any party fails to serve on or deliver to the other parties a copy of any pleading, plea, motion, or other application to the court for an order in ance with Rules 21 and 21a, the court may in its discretion, after notice and hearing, impose an appropriate sanction available under Rule 215-2b.
No surety shall be sued unless his principal is joined with him, or unless a judgment has previously been rendered against his principal, except in cases otherwise provided for in the law and these rules.
P. 22. A civil suit in the district or county court shall be commenced by a petition filed in the office of the clerk.
The rules of civil procedure require that a continuance motion be verified: ?No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.? Tex. R.
You must sign a "Reset Form" for your new court date. 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.
Rule 169 gives such authority on motion and notice. Rule 21 requires the clerk on the filing of the motion to make the proper entries concerning it on the motion docket, and renders such filing and entry sufficient notice, since the motion is one in a pending suit.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.