Texas Sample Letter regarding Notice of Hearing
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FAQ
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. DO NOT SKIP THE HEARING.
If you and the other side do not agree on all the issues in your case, you can ask a judge to decide those issues at a contested final hearing. The judge will listen to both sides and then make a decision.
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.
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.
If you wish to reschedule your court date more than once for any reason, you must file a written "Motion for Continuance" at the Court Clerk's office on or before the scheduled court date. Depending on your circumstances, the Judge may or may not allow additional continuances.
In the first paragraph, you should state your name, whether or not you are representing yourself ?pro se,? and that you are requesting a continuance. Also identify yourself as the plaintiff or defendant. Explain why you need the continuance.
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.
You shouldn't waste too much of the reader's time. Instead, get directly to the point. In the first paragraph, ask for the hearing in your case. For example, you could simply state, ?I am writing to request a court hearing date in the above-referenced matter.?
