Legal Question in Credit and Debt Law in Texas

Obtain from the court clerk a standard form MOTION TO CONTINUE. Court clerks in Texas typically maintain a selection of standard forms for litigants not represented by counsel. A motion to continue is the formal document needed to request a postponement of a scheduled court date.

Contact the opposing party or their attorney to see if there is an objection to the continuance. Texas law requires this type of notification.

Complete the Motion To Continue. Include on the document the caption and number of your case, your name and the name of the other party.

Insert in the motion the specific reason why you require rescheduling. Make note that you requested no previous continuances. If the opposing party indicated no objection to the desired postponement, include that fact in the motion as well. Valid reasons for seeking a continuance include ongoing settlement negotiations between the parties or a serious health issue. Granting a continuance rests completely within a judge's discretion, according to Texas law.

Sign the motion.

Make copies of the motion. Contact the court clerk to determine how many additional copies beyond the original, if any, the court requires. Duplicate one copy for your records, the judge, and another to send to the opposing party or her attorney.

File the motion with the court clerk by delivering the document to the clerk's office

Deliver a extra copy of the motion to the judge's clerk.

Very good answer by Nile..but be sure to ask the Clerk to set the motion for a hearing..