I need a continuance.

If you need more time to get ready for a court hearing or trial, you may be able to get a continuance. A "continuance" changes the date of a court hearing or trial to a later date.

Research Tips

• First, read How to Ask for a Continuance and check the articles tab in this guide.
• The law governing continuances is Texas Rules of Civil Procedure, Rules 251 – 254 and 330.
• If you need to learn more, read Legal Research: Steps to Follow.

Common questions about Continuance

A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance.

If the other side will not agree to a continuance, the judge will decide whether or not to give you a continuance at a separate hearing called a “continuance hearing.” It is your responsibility to notify the other side of the date and time of the continuance hearing.

If the other side agrees to the continuance, the judge will usually sign an order granting your continuance without a continuance hearing.

Yes! If possible, talk with a lawyer in the county where the case was filed.

You can hire a lawyer just to:

• give you advice and review your continuance forms,
• negotiate a continuance with the other side,
• represent you at your continuance hearing.

You may also be able to talk with a lawyer for free at a legal clinic.

Use TexasLawHelp's Legal Help Finder to search for a lawyer referral service, legal aid organization, or self-help center serving your area.

On Texas Free Legal Answers, Texans with low or moderate incomes can work with a pro bono attorney for free. Post a question on the site and an attorney responds via email.

A judge will give you a continuance if you can show good cause. “Good cause” means a very good reason for changing the date that is already set.

Reasons you may want to ask for a continuance include:

• You did not get enough notice of the hearing.
  • (The law says you must get at least 45 days’ notice of a final hearing, at least 10 days’ notice of an enforcement hearing, and at least 3 days’ notice of most other hearings. Talk to a lawyer if you have questions about notice.)

  It’s a good idea to talk with a lawyer in the county where the case was filed. The lawyer can tell you whether or not the judge is likely to give you a continuance.

  What if I just found out about a hearing? Expand Collapse

  Do not skip the hearing.

  The law says that you must receive at least three days’ notice of a hearing. If you just found out about a hearing, fill out a Motion for Continuance and Notice of Hearing form and bring it with you to the hearing. If you have time, send a copy of the motion to the other side. If the other side has a lawyer send it to the lawyer.

  What if the judge does not give me a continuance? Expand Collapse

  The judge may not give you a continuance. You must have a plan to go forward on the original hearing date if the judge does not give you a continuance.

  Where can I read the law about asking for a continuance? Expand Collapse Where can I find continuance forms? Expand Collapse

  Continuance forms are available in the "instructions and forms" tab of I need a continuance. Links to the forms are below as well.

  • Agreed Motion for Continuance
  • Order on Motion for Continuance
  • Motion for Continuance and Notice of Hearing
  • Motion for Continuance - Guided Form
  Instructions & Forms

  Instructions & Forms

  How to Ask for an Agreed Continuance Expand Collapse

  Generally, judges in Texas will grant continuances when all parties agree about it in writing. The court is less likely to grant a continuance if it has already, in the same case, granted a continuance of the final hearing or trial.

  Checklist Steps

  Step 1: Fill out the Motion and Order forms. Expand Collapse

  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.

  You will ask the judge to sign the Order on Motion for Continuance form to grant the continuance. Fill it out completely in blue or black ink (except for the judge’s signature) and sign it.

  • 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. Call the clerk to learn the dates available to reset the hearing or trial. Fill in the original hearing date and time, the new hearing date and time (agreed to by you and the other side), and the physical address of the courthouse.

  Or you can use the guided form, which walks you through the motion and order.

  Step 2: Ask the other side to sign both forms. Expand Collapse

  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 3: Turn in your motion form. Expand Collapse

  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 4: Ask the judge to sign your order form. Expand Collapse

  Follow the clerk’s instructions on how to present your Order on Motion for Continuance to a judge.

  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 5: Send a file-stamped copy of the order to the other side. Expand Collapse

  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.

  Forms Required

  Motion for Continuance - Guided Form

  PR-Cont1-134-Int

  Guided version. Request change of court date. Set hearing to consider motion; notify the other party of the hearing.

  Agreed Motion for Continuance

  PR-Cont2-104

  Use to delay or change a court or hearing date. Because both parties agree, there is no need for a hearing.

  Order on Motion for Continuance

  Submit this form with a Motion for Continuance. The judge will complete and sign the form. How to Ask for a Contested Continuance Expand Collapse

  If you file a motion for continuance that the other side in your lawsuit does not agree to, the court might or might not grant it. You have to prove that you have a good reason to ask for the continuance, usually that you did not get enough notice about the hearing.

  Checklist Steps

  Step 1: Schedule a continuance hearing. Expand Collapse

  Call the clerk’s office or court coordinator's office. Explain that you want to schedule a hearing on a motion for continuance. They will give you a date and time for the continuance hearing.

  They cannot advise you about the law. See What Court Staff Can and Cannot Do.

  Step 2: Fill out these forms. Expand Collapse

  Fill out the Motion for Continuance and Notice of Hearing form completely in blue or black ink and sign it. Or you can use the guided form version, which walks you through it.

  When you sign this motion, which includes a declaration under penalty of perjury, you are swearing under oath that everything in the motion is true.

  • write why you need a continuance (remember you must have a good reason)
  • write the date and time of the hearing,
  • write the full physical address of the court where the hearing will be held, and
  • fill out and sign the Certificate of Service.
  Step 3: Turn in your motion form. Expand Collapse

  Turn in your completed Motion for Continuance and Notice of Hearing form at the clerk’s office and get a copy for both you and the other side. The clerk will “file-stamp” your forms with the date and time and return the copies to you.

  Step 4: Send a file-stamped copy of your motion to the other side. Expand Collapse

  Send a file-stamped copy of the Motion for Continuance and Notice of Hearing to the other side. Send it on the same day you get the continuance hearing date. If the other side has a lawyer, send it to the lawyer instead of directly to the other side.

  • by fax, or
  • by email, or
  • by commercial delivery service (such as FedEx or UPS), or
  • by personal delivery, or
  • by certified mail, return receipt requested, and regular mail. (This way may take too long.)

  Keep proof that you sent the Motion for Continuance and Notice of Hearing to the other side. Bring that proof to your continuance hearing.

  If you file the motion electronically, make sure the other party's email is in the e-filing system so that they are served a copy of your motion.

  Step 5: Go to the continuance hearing. Expand Collapse

  Be ready to explain to the judge why you need a continuance. Bring proof that you sent the Motion for Continuance and Notice of Hearing to the other side. Bring the Order on Motion for Continuance for the judge to sign. Remember, the judge may or may not give you a continuance.

  Forms Required

  Motion for Continuance - Guided Form

  PR-Cont1-134-Int

  Guided version. Request change of court date. Set hearing to consider motion; notify the other party of the hearing.

  Motion for Continuance and Notice of Hearing

  PR-Cont1-134

  Use to request change of court date. Set a hearing to consider the motion, then notify the other party of the hearing.