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What is an entry of continuance?

What is an entry of continuance?

(US) the postponement or adjournment of a legal proceeding. CONTINUANCE, practice. The adjournment of a cause from one day to another is called a continuance, an entry of which is made upon the record.

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 do you need to know about requesting a continuance?

Have a Good Reason The first thing you will need to request a continuance is a valid reason. This reason could be scheduling conflicts or the inability to acquire necessary documents before the assigned date. You will be required to explain your reason in your request.

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.

Can a continuance be granted in a divorce case?

In many civil cases, both parties are required to agree to the continuance and proposed new court date. This is common in divorce cases. If both parties do not agree to the new court date proposed in the Motion to Continue, the court may hear the motion during the motion hearing, then rule on whether to grant the continuance.

Can a judge deny a request for a continuance?

The court will ultimately decide whether or not your request will be granted based on the reason you have provided. Scheduling conflicts can be a valid reason to issue a continuance. However, the judge must agree that you are not able to reschedule the event that conflicts with your court date.

Where can I file a request for continuance?

The information you require to file a Request for Continuance, including your docket number, can be found on the original subpoena that was issued to you. If you no longer have access to that document, the information can be accessed through the court clerk.

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.

When do you need a continuance in a criminal case?

For example, the prosecution changing the alleged date of a crime might justify a continuance to allow the defendant to prepare an alibi for the date in question. However, a continuance due to a change in a charging document is warranted only if the change (known as “variance”) compromises the defendant’s case.

How to request a continuance in a small claims case?

DOCKET# (The docket number exactly as it appears on your subpoena) I am submitting this Request for Continuance as the Defendant in the small claims case named above.