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.