Texas Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0369LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Date] [Judge's Name] [Judge's Title] [Name of the Court] [Court's Address] [City, State, ZIP] Re: [Plaintiff's Name] v. [Defendant's Name] Case No.: [Case Number] Motion to Continue This Action as a Pending Case Dear [Judge's Name], I, [Your Name], the plaintiff in the above-mentioned case, hereby file this Motion to Continue this Action as a Pending Case. I respectfully request the court to grant this motion for the following reasons. 1. Background and Current Circumstances: Briefly describe the background of the case and provide an overview of the current circumstances that necessitate a motion to continue the action. 2. Exhaustion of Other Options: Detail any efforts made by both parties to resolve the matter outside the courtroom, such as negotiations, mediation, or arbitration. Explain the reasons for their failure, if applicable. 3. Impact of COVID-19: Discuss the impact of the ongoing COVID-19 pandemic on the case. Highlight any challenges faced due to court closures, limited availability of key witnesses, or the inability to conduct discovery and gather evidence effectively. 4. Necessity of Additional Time: Explain why additional time is necessary to prepare adequately for the case. Discuss the complexity of legal issues involved, the need for expert witnesses, or any other factors that make it challenging to proceed with the trial currently. 5. Attempts to Set a Trial Date: Outline any efforts made by both parties to set a trial date during the current proceedings. Specify any difficulties encountered due to scheduling conflicts, unavailability of the court, or lack of consensus between the parties. 6. Availability of Witnesses and Evidence: Indicate any witnesses or evidence crucial to presenting a strong case that are currently unavailable or cannot be procured within the existing timeline. Provide the reasons for their unavailability. 7. Impact on Parties: Discuss the potential harm or prejudice that may befall either party by rushing the case or setting an unrealistic timeline. Emphasize the importance of a fair and just trial, and how an adequate timeframe will ensure due process for all parties involved. 8. Alternative Solutions: Propose alternate solutions that would alleviate the need for continuing the case, such as settlement conferences, alternative dispute resolution methods, or extending the timeline for discovery. 9. Conclusion: Summarize the grounds for the motion and the need to continue the action as a pending case. Reiterate the importance of a fair and just trial for all parties involved. [Your Name] [Your Title/Position] [Your Contact Information]

[Your Name] [Your Address] [City, State, ZIP] [Date] [Judge's Name] [Judge's Title] [Name of the Court] [Court's Address] [City, State, ZIP] Re: [Plaintiff's Name] v. [Defendant's Name] Case No.: [Case Number] Motion to Continue This Action as a Pending Case Dear [Judge's Name], I, [Your Name], the plaintiff in the above-mentioned case, hereby file this Motion to Continue this Action as a Pending Case. I respectfully request the court to grant this motion for the following reasons. 1. Background and Current Circumstances: Briefly describe the background of the case and provide an overview of the current circumstances that necessitate a motion to continue the action. 2. Exhaustion of Other Options: Detail any efforts made by both parties to resolve the matter outside the courtroom, such as negotiations, mediation, or arbitration. Explain the reasons for their failure, if applicable. 3. Impact of COVID-19: Discuss the impact of the ongoing COVID-19 pandemic on the case. Highlight any challenges faced due to court closures, limited availability of key witnesses, or the inability to conduct discovery and gather evidence effectively. 4. Necessity of Additional Time: Explain why additional time is necessary to prepare adequately for the case. Discuss the complexity of legal issues involved, the need for expert witnesses, or any other factors that make it challenging to proceed with the trial currently. 5. Attempts to Set a Trial Date: Outline any efforts made by both parties to set a trial date during the current proceedings. Specify any difficulties encountered due to scheduling conflicts, unavailability of the court, or lack of consensus between the parties. 6. Availability of Witnesses and Evidence: Indicate any witnesses or evidence crucial to presenting a strong case that are currently unavailable or cannot be procured within the existing timeline. Provide the reasons for their unavailability. 7. Impact on Parties: Discuss the potential harm or prejudice that may befall either party by rushing the case or setting an unrealistic timeline. Emphasize the importance of a fair and just trial, and how an adequate timeframe will ensure due process for all parties involved. 8. Alternative Solutions: Propose alternate solutions that would alleviate the need for continuing the case, such as settlement conferences, alternative dispute resolution methods, or extending the timeline for discovery. 9. Conclusion: Summarize the grounds for the motion and the need to continue the action as a pending case. Reiterate the importance of a fair and just trial for all parties involved. [Your Name] [Your Title/Position] [Your Contact Information]