Harris Texas Motion for Continuance

State:
Multi-State
County:
Harris
Control #:
US-00872
Format:
Word; 
Rich Text
Instant download

Description

This is a Defendant's Motion for Continuance. This is used to postpone the original court date. It may be modified to suit your particular needs.

Harris County, Texas, Motion for Continuance is a legal document typically filed by either the prosecution or the defense in a court case to request a postponement of the scheduled trial or hearing. This motion is commonly used when there is a need for more time to adequately prepare the case, gather evidence, or locate important witnesses. Keywords: Harris Texas, Motion for Continuance, legal document, prosecution, defense, postponement, trial, hearing, prepare, evidence, witnesses. In Harris County, Texas, there are different types of motions for continuance that can be filed depending on the specific circumstances of the case. Some notable types include: 1. Standard Motion for Continuance: This is the most common type of motion filed by attorneys in Harris County, Texas. It indicates a need for additional time to properly prepare for the trial or hearing, gather evidence, or locate necessary witnesses. The party filing this motion must provide a valid reason for the need to postpone. 2. Motion for Continuance Due to Witness Unavailability: If a key witness is unavailable on the scheduled trial or hearing date, either the prosecution or defense may file this motion. They need to demonstrate the significance of the witness's testimony and the reasonable efforts made to secure their presence. 3. Motion for Continuance Based on Medical Grounds: This type of motion is typically filed when a party involved in the case, such as an attorney or a crucial witness, experiences a medical condition that prevents their active participation during the trial or hearing. Medical documentation supporting the request is typically required. 4. Motion for Continuance Due to Newly Discovered Evidence: When new evidence is discovered after the trial or hearing date has been set, either party may file this motion to request a continuance. The motion must present the nature and significance of the newly found evidence and explain why it requires additional time for proper evaluation and integration into the case. 5. Motion for Continuance Based on Legal Grounds: In some cases, a party may argue for a continuance based on legal reasons, such as the need to resolve a legal issue or pending motion, obtain a ruling from a higher court, or address a procedural matter that may affect the outcome of the case. It's essential to consult with legal professionals in Harris County, Texas, to determine the type of Motion for Continuance that best fits the circumstances of a particular case and to ensure compliance with local court rules and procedures.

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FAQ

A party must respond within 30 days from service of the request, unless the defendant is served before its answer is due, in which event, defendant has 50 days after service to respond.

A motion to compel shall not be filed less than 10 days before the first day of the hearing on the merits, unless good cause is shown. A judge may deny or limit relief sought in a motion to compel if the judge determines that the discovery requests at issue are improper or unduly burdensome.

Include a memo line with your case number and the caption of the case (i.e., John Smith vs. Jane Doe). Then, address the letter to the judge who is overseeing your case by writing "Dear Judge <Last Name>:" Don't forget to include your request for continuance in the opening paragraph.

It should say why you need the continuance. Explain how you can better present evidence in your case if you have more time. Explain some of what you want to tell the court, in case you do not get a continuance. Explain why not getting the continuance will harm you or someone else.

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.

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.

When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date). A request for a continuance can be written or oral depending on the circumstances.

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.

Explain why you will miss the court date. Begin the body of the letter two lines down from the salutation. Explain the extenuating circumstances that will force you to miss court. For example, you might have pressing medical needs to attend to, or you may have lost a family member recently.

When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.

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THE STATE OF TEXAS § IN THE DISTRICT COURT OF. §. vs. IN THE DISTRICT COURT OF THE SEVENTH JUDIClAL DISTRICT or THE.Fill out all sections of this form except the Order section and file it with the Clerk of the. Regarding Uncontested Probate Hearings Held in the Justice of Peace Courtrooms. Harris County Civil Courthouse, 5th Floor. ( Court of Criminal Appeals of Texas . Feb. I am sorry to have to leave you like this, but my wife needs me. It changes nothing that, in the earlier proceeding, an unsuccessful continuance motion preceded the motion for nolle prosequi.

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Harris Texas Motion for Continuance