What is a contested continuance?
If the defendant has not agreed to the rescheduling of the hearing, you’ll need to file a contested continuance. Although some of the papers you file are the same, agreed and contested continuances have different filing processes.
How to File a Contested Continuance in Texas:
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 left)
Fill out the Motion for Continuance and Notice for Hearing.
Remember that you need to fill out the case info from the your original court paperwork. You should prepare a good reason for your continuance so your case has the best chance of getting a new court date.
Step 3: File your forms to the court
After completing the Motion for Continuance and Notice for Hearing, y## What is a contested continuance?
If the defendant has not agreed to the rescheduling of the hearing, you’ll need to file a contested continuance. Although some of the papers you file are the same, agreed and contested continuances have different filing processes.
How to File a Contested Continuance in Texas:
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 left)
Fill out the Motion for Continuance and Notice for Hearing.
Remember that you need to fill out the case info from the your original court paperwork. You should prepare a good reason for your continuance so your case has the best chance of getting a new court date.
Step 3: File your forms to the court
After completing the Motion for Continuance and Notice for Hearing, you turn-in the forms at the clerks office. A clerk will file-stamp your forms and return the copies to you. Make sure you have a copy for yourself and the defendant.
Step 4: Arrange for the defendant to be served
Once your documents were filed with the court, the defendant needs to be notified of the continuance. So you’ll need to arrange defendant service. This can be done by mail, fax, email, or personal delivery. Remember to notify the lawyer for the other side if they are using representation. It is important for you to keep evidence that you notified the defendant.
If you filed your documents with the court through an e-filing system, it’s helpful to have the defendant’s email address. The court may serve the defendant for you electronically. Check your courthouse’s rules to see what is required of you.ou turn-in the forms at the clerks office. A clerk will file-stamp your forms and return the copies to you. Make sure you have a copy for yourself and the defendant.
Step 4: Arrange for the defendant to be served
Once your documents were filed with the court, the defendant needs to be notified of the continuance. So you’ll need to arrange defendant service. This can be done by mail, fax, email, or personal delivery. Remember to notify the lawyer for the other side if they are using representation. It is important for you to keep evidence that you notified the defendant.
If you filed your documents with the court through an e-filing system, it’s helpful to have the defendant’s email address. The court may serve the defendant for you electronically. Check your courthouse’s rules to see what is required of you.