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Trial Continuance Without A Lawyer In Texas
Category:
State:
Multi-State
Control #:
US-0004LTR
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Word;
Rich Text
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Description
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FAQ
Judges can be reluctant to grant continuances because they don't want to allow one party to excessively delay the trial for their own benefit. When deciding whether to issue a continuance, the judge will probably consider the degree to which the other side in the case will be hurt by delaying the trial.
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance.
A request for a continuance in Texas involves submitting a written motion to the court, typically accompanied by a valid reason such as illness, scheduling conflicts, or the unavailability of a crucial witness, to delay a scheduled court hearing or trial.
Sometimes, statutes specifically delineate when continuances should be granted, but typically, judges have a lot of discretion to grant cases before a verdict has been given. Judges do not grant continuances for no reason as the need for efficiency and giving a speedy trial go against the use of continuances.
Valid reasons could include medical emergencies or unforeseen scheduling conflicts. Absence of party. If a party involved in the case is unable to appear in court due to involuntary or uncontrollable circumstances, such as sudden illness, their counsel may request a continuance.
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.
Written motions are required at least 10 days before the court date. The court, as a matter of policy, will grant one continuance per party without good cause shown.
1. Medical condition; 2. Significant changes in the circumstances; 3. Scheduling conflict. 4. Lack of preparation. You must request a continuance at least 5 business days prior to the hearing (if you are doing this in writing); if you are planning to just call, you can do so no later than 2 days prior to the hearing.
