How To Ask For A Continuance | Texas Law Help

If you need more time to get ready for a court hearing or trial, you may be able to get a continuance. A "continuance" changes the date of a court hearing or trial to a later date. This article tells you how to ask the judge for a continuance in district or county court.

Page Sections

• What is a continuance?
• What is a continuance hearing?
• Should I talk with a lawyer if I need a continuance?
• Will the judge give me a continuance?
• What if I just found out about a hearing?
• What if the judge does not give me a continuance?
• Where can I find continuance forms?
• Where can I read the law about asking for a continuance?

What is a continuance?

A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance.

What is a continuance hearing?

If the other side will not agree to a continuance, the judge will decide whether or not to give you a continuance at a separate hearing called a “continuance hearing.” It is your responsibility to notify the other side of the date and time of the continuance hearing.

If the other side agrees to the continuance, the judge will usually sign an order granting your continuance without a continuance hearing.

Should I talk with a lawyer if I need a continuance?

Yes! If possible, talk with a lawyer in the county where the case was filed.

You can hire a lawyer just to:

• give you advice and review your continuance forms,
• negotiate a continuance with the other side,
• represent you at your continuance hearing.

You may also be able to talk with a lawyer for free at a legal clinic.

Use TexasLawHelp'sLegal Help Directoryto search for a lawyer referral service, legal aid organization, or self-help center serving your area. On Texas Free Legal Answers, Texans with low or moderate incomes can work with a pro bono attorney for free. Post a question on the site, and an attorney responds via email.

Will the judge give me a continuance?

A judge will give you a continuance if you can show good cause. “Good cause” means a very good reason for changing the date that is already set.

Reasons you may want to ask for a continuance include:

• You did not get enough notice of the hearing. (The law says you must get at least 45 days’ notice of a final hearing, at least 10 days’ notice of an enforcement hearing, and at least three days’ notice of most other hearings. Talk to a lawyer if you have questions about notice.)
• You need more time to hire a lawyer or apply for legal aid. (Bring the names of any lawyers or legal aid organizations you’ve spoken with about your case to your continuance hearing.)
• You need more time to get ready to represent yourself at a hearing.
• You need more time to get important evidence or subpoena an important witness.

It’s a good idea to talk with a lawyer in the county where the case was filed. The lawyer can tell you whether or not the judge is likely to give you a continuance.

What if I just found out about a hearing?

The law says that you must receive at least three days’ notice of a hearing.

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.

What if the judge does not give me a continuance?

The judge may not give you a continuance. You must have a plan to go forward on the original hearing date if the judge does not give you a continuance.

Where can I find continuance forms?

The Harris County Law Library put together a PDF packet that includes both the instructions and the forms: TexasLawHelp.org Combined Packets Home > Continuance - Agreed.

Continuance forms are available in the "instructions and forms" tab of I need a continuance. Scroll down to the bottom of this page and look under the "Related Forms" section. Links to the forms are below as well.

• Motion for Continuance - Guided Form
• Agreed Motion for Continuance
• Order on Motion for Continuance
• Motion for Continuance and Notice of Hearing

Where can I read the law about asking for a continuance?

Read the law here: Texas Rules of Civil Procedure, Rules 251 – 254.

• Print

Related Guides

Related Articles

• Rule 11 Agreements

  This article explains Texas’ Rule 11 Agreements. Read More

• Civil Litigation in Texas: The Basics

  This article explains the basics of civil lawsuits in Texas. Read More

• Justice 101: The Client's Guide to Texas Civil Litigation

  This article contains a link to a video that provides some background on the civil litigation system in Texas. Read More

• Attending Court by Telephone

  How to ask the court to let you attend a hearing over the phone Read More

• Talking to the Other Side's Lawyer When You're Self-Represented

  This article explains ways to talk to the other side's lawyer if you are representing yourself. Read More

Related Forms

Topics

• Continuance
• Court How-Tos (Civil Procedure)