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Trial Ask For Continuance In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-0004LTR
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Word;
Rich Text
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FAQ
If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance. But they need to have a good reason, otherwise, the judge can deny the request.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
Important Things to Know: The motion must be properly filed and may need to be “verified.” This often means including a sworn statement (affidavit) with the motion, especially if it brings up facts that weren't part of the original trial. Your lawyer will need to “present” the motion to the judge.
A criminal action may be continued on the written motion of the State or of the defendant, upon sufficient cause shown; which cause shall be fully set forth in the motion. A continuance may be only for as long as is necessary.
Some of the reasons that might necessitate a continuance include: You need additional time to secure an attorney to represent you in court. You need more time to gather evidence because the other side has been stalling on discovery requests. You need more time to locate witnesses who are critical to your case.
If the request is made less than 5 court days before the hearing on the Petition, an Ex Parte Application is required to seek a continuance, or the party may appear at the scheduled hearing and request a continuance.
Motions for continuance in civil and criminal cases must be in writing and must state specific facts showing sufficient cause to support the motion. The facts stated in the motion must be verified or supported by affidavit made by a person having personal knowledge of the facts relied on for the continuance. (TEX. CIV.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
251. 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.
The request must be in writing, but it does not have to be a sworn affidavit. It must state fully the reason or cause for the motion. The judge determines if the motion contains sufficient cause to grant a continuance. This type of continuance may be only for as long as is necessary.
More info
A continuance changes the date of a court hearing or trial to a later date. Request for Continuance (Civil Cases).Case No. § In the Justice Court of. A judge will give you a continuance if you can show good cause. "Good cause" means a very good reason for changing the date that is already set. Best to file this in writing with the clerk of the court AND send a copy to the other side. On a first application for a continuance, it shall not be necessary to show that the absent testimony cannot be procured from any other source. You can request a hearing and ask the judge to give you more time. Many judges will give you one continuance for a month or two. There must be a signed order in the case file for a case to be observed as a preferential setting case.
