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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.
The Motion to Retain must be verified and state specific grounds. The Motion must also state a date by which the case will be ready for trial.
You have only 14 days to respond to a motion. If you have not already filed an amended complaint, and you think you can fix the problems the Defendant identified in the Motion to Dismiss, you may be able to file an Amended Complaint instead of an Opposition.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
You must file (turn in) a completed Motion to Reinstate Case on Docket and Notice of Hearing form within 30 days of the judge signing the dismissal order.