Sample Motion For Continuance Texas
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FAQ
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.
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
If you just found out about a hearing, fill out a Motion for Continuance and Notice of Hearing form and bring it with you to the hearing. If you have time, send a copy of the motion to the other side. If the other side has a lawyer send it to the lawyer.
Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal. Rules of Ct., Rule 3.1332(c)(7)).
Texas courts interpret this rule as requiring that continuance motions be made in writing. ?If a motion for continuance is not made in writing and verified, it will be presumed that the trial court did not abuse its discretion by denying the motion.? Jimison v.
