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284th District Court

Judge Kristin Bays

Policies on
Motions for Continuance
of Trial Settings

1.   Form:
A Motion for Continuance will be considered by the Court only if it is in writing, timely
filed, and with sufficient cause supported by affidavit.  Tex. R. Civ. P. 251.

2.   Timing:
Absent an emergency, the Court will not consider any Motion for Continuance which
is filed within 15 days of the first day of the trial docket.

3.   Client Approval:
The second Motion for Continuance filed in a case must include a certification signed
by the attorney or attorneys (in the case of an Agreed Motion for Continuance) which
says:

I certify to the Court that my client is aware of and agrees to the
requested continuance.

Any subsequent Motions for Continuance (third or more) must include the client’s
signature on the Motion with the notation "AGREED" above that signature.

4.   Settings:
Motions for Continuance which are not agreed must be set for submission. 
*     "Uncontested" is not the same as "Agreed".

Agreed Motions for Continuance need not be set for submission.
*     To qualify as agreed, the Motion must be signed by all parties.
*     Be aware that the fact that the parties have agreed to a continuance does not 
      guarantee the Court will grant it.

5.   Description:
Motions for Continuance should state the bases for which a continuance is sought
and how much time is needed.

For example, a Motion for Continuance which states that there is a
need for additional discovery but gives no amount of time for which
the unstated discovery will be done leaves the Court with inadequate
information to make a decision. 

In contrast, a Motion which explains that there is another deposition
needed which was not yet taken because the deponent, who is a
material witness for x, y, or z reason was out of the country, but the
deposition is now scheduled to occur in one month, and with time
for transcription, reading, and signing, the parties need a 75 day
continuance is a Motion which provides the Court with sufficient
information to make a decision.

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