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Motion for Agreed Continuance

Updated on Mon Sep 26 2022 |
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What is an agreed continuance?

An agreed continuance can be used when both parties (the plaintiff and the defendant) agree to reschedule the trial date. A judge in Texas is much more likely to grant an agreed continuance than a contested continuance.

If the defendant has not agreed to the rescheduling, you’ll need to file a contested continuance. Although the forms may look similar, agreed and contested continuances are used at different times and have different filing processes.

How to reschedule your small claims hearing date in Texas using an agreed continuance

Step 1: Call the court to get a new date

Call the court clerk to obtain an available date.

Step 2: Fill out the Motion and Order form (see above)

The Agreed Motion for Continuance form tells the judge you need a continuance, and the other side has agreed. Fill it out completely in blue or black ink and sign it.

  • Fill in the original hearing date and time, the agreed new hearing date and time, and the physical address of the courthouse.
  • Check box A on the order form. (Box A must be checked before you ask the other side and the judge to sign the order form.)
  • If you and the other party have agreed to reset the hearing or trial date to another date, you must also check Box B and Box C.

Step 3: Ask the other side to sign both forms

  • If the other side has a lawyer, ask the lawyer to sign.

    Note: If the other side (or the other side’s lawyer) will not sign both forms, the continuance is not agreed.

Step 4: Turn in your motion form

  • Turn in your completed Agreed Motion for Continuance form at the clerk’s office and get a file-stamped copy.
  • Ask the clerk when you can present your Order on Motion for Continuance to a judge. Tell the clerk the continuance is agreed.

Step 5: Ask the judge to sign your order form

  • If the judge signs your Order on Motion for Continuance, take the signed order back to the clerk’s office.
    • Turn it in and ask for a file-stamped copy.
    • Ask the clerk whether you need to let anyone else at the courthouse know that the continuance has been granted.
    • You may need to let the court administrator know of the change so the court’s calendar can be updated.

Step 6: Serve the other side

  • Send a file-stamped copy of the signed Order on Motion for Continuance to the other side by email, fax, or commercial delivery.
  • Keep proof that you sent it. You must bring proof when you go to court on your new hearing date.

If you e-file the motion, the other party will likely be served with your order electronically, but it might be a good idea to follow up and make sure they received the motion.

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