Texas Motion for Continuance - Personal Injury

State:
Multi-State
Control #:
US-PI-0221
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.
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  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury

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FAQ

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.

I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.

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.

A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.

In legal terms, a change in a hearing date to a date in the future is called a ?continuance? of the hearing. If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date.

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.

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.

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)).

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Texas Motion for Continuance - Personal Injury