This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.
Texas Motion for Trial Continuance - Personal Injury
State:
Multi-State
Control #:
US-PI-0060
Format:
Word;
Rich Text
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How to fill out Motion For Trial Continuance - Personal Injury?
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FAQ
Primary tabs. 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.
A continuance is a postponement of a hearing, trial, or other proceeding to a subsequent day or time. Clerks cannot grant continuances - Only judges can grant continuances.
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)).
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.
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 ...
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.
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.