Order For Continuance Of Trial Date In Travis
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If you would like to reschedule a court hearing because you are unable to appear, you must file a written request for a continuance with the court 5 days in advance. You must also send a copy of your written request to the other party. A judge will review your request.
__________ (Name), __________ (plaintiff or defendant) in the above-entitled and numbered action, moves the court for a continuance in this action until __________ (date), on the ground that __________ (plaintiff or defendant) will be unable to attend the trial due to the following facts: 1.
Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation. How do I notify the court? You can notify the court by directly speaking to the court clerk or filing a motion for continuance before the hearing begins.
For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date. “Good cause” means a very good reason for not being able to get ready for your case or go to your hearing on the schedule date.
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.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
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.
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.
