Does a motion for continuance have to be verified in Texas?

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.

What happens if you file a motion for continuance?

A common remedy to this situation is to file a Motion to Continue the hearing, which requests that the court reschedule the hearing for a new date and time. This will usually result in a later hearing date than the one presently reserved, as the court’s calendar continues to fill up after your hearing was scheduled.

What to do if a motion to continue is denied?

While you cannot always control how the court will rule on a Motion to Continue, the above information outlines your options for letting the court know your feelings on the Motion, and also provides you with information on making the best of a continuance if it is granted.

When did the continuance case come to trial?

THIS CASE IS READY FOR TRIAL. This trial will be simple—it is a road-wreck trial about who made an illegal left turn. Plaintiffs filed the case on November 15, 2012, and there has been ample time for discovery. Both parties know which witnesses will say what.

Is the plaintiff interested in a continuance of the case?

Plaintiff himself is eager for this long-awaited trial and recognizes that, in the event that he makes any recovery, the proceeds will provide more medical benefits if they arrive sooner rather than later. There has been ample time for discovery and offers of settlement. This case should proceed.

When do you file a motion for continuance?

All of us are forced to file a motion for continuance from time to time. We are also all encouraged by the Lawyer’s Creed to cooperate with opposing counsel in scheduling matters and avoid games of “gotcha.” The filing of a motion for continuance should, however, never be routine or taken lightly.

Why is defendant’s motion for continuance frivolous?

1. INTRODUCTION Defendant’s motion is frivolous. 2. THIS CASE IS READY FOR TRIAL. This trial will be simple—it is a road-wreck trial about who made an illegal left turn. Plaintiffs filed the case on November 15, 2012, and there has been ample time for discovery.