In the Texas legal system, a continuanceis simply a delay or postponement of a scheduled court proceeding—whether that’s a hearing, trial, or other matter—granted by the judge. Though continuances may seem like routine scheduling issues, they are actually governed by specific legal standards and procedural rules that must be followed carefully.

1. The Legal Foundation: Rule 251 and Beyond

Under Texas Rule of Civil Procedure 251, no case can be continued except for “sufficient cause supported by affidavit, consent of the parties, or by operation of law.”
In plain terms, a continuance can only be granted in three situations:

• By agreement of all parties (often called an “agreed continuance”)
• By court order for good cause shown (typically supported by an affidavit)
• As required by law (for example, when a party is entitled to additional time under the Soldiers’ and Sailors’ Civil Relief Act or other statutes)

2. Common Reasons for Continuances

Courts do not grant continuances lightly. They are usually reserved for legitimate scheduling conflicts or events that truly prevent fair participation in the case. Common grounds include:

• Witness unavailability — when a material witness cannot appear and their testimony is necessary.
• Attorney scheduling conflicts — when counsel has another trial or unavoidable conflict.
• Need for additional discovery — when crucial evidence cannot reasonably be obtained before the hearing or trial.
• Illness or emergency — serious health or family emergencies affecting a party or key participant.
• New counsel — occasionally, when a party has recently retained new representation who needs time to prepare.

3. Procedural Requirements

A proper motion for continuancein Texas must typically include:

• A written motion stating the specific grounds for the delay.
• An affidavit (sworn statement) verifying the facts supporting the request—especially if the continuance is sought for missing evidence or unavailable witnesses.
• A proposed order for the judge’s signature.
• In some courts, notice to opposing counsel and an opportunity for response.

Local rules may impose additional requirements. For example, some counties require that the motion be filed a certain number of days before trial or that the requesting attorney confer with opposing counsel beforehand.

4. The Judge’s Discretion

Even if all procedural boxes are checked, granting a continuance is within the trial judge’s discretion. Judges balance fairness and judicial efficiency, asking questions like:

• Has the party previously requested continuances?
• Is this delay being sought in good faith, or to stall proceedings?
• Would the opposing side be unfairly prejudiced by a delay?
• Will justice be better served by granting additional time?

5. Agreed Continuances

When both parties agree that more time is needed, an agreed motion for continuance can make the process smoother. These are often granted—especially if the new proposed date fits within the court’s docket and both sides demonstrate good faith.

However, even an agreed motion is not automatic. The judge still must approve it, ensuring it does not conflict with statutory deadlines or prejudice the interests of justice.

6. Strategic and Practical Considerations

Continuances can be powerful tools for both sides:

• They allow time to gather evidence, prepare witnesses, or negotiate settlement.
• But they can also increase costs and delay resolution, and frequent continuances may frustrate judges.

Lawyers should always weigh whether a short-term delay truly benefits the client’s long-term case strategy.

7. Bottom Line

A continuance in Texas is not simply a scheduling matter—it is a legal remedy requiring justification, formality, and judicial approval. Whether you’re a party seeking more time or opposing a delay, understanding how continuances work can help you protect your rights and ensure the process stays fair and efficient.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.