To ask a Texas court to postpone a hearing or trial, you file a written motion for continuance. A PDF version of the form, along with a matching affidavit and a proposed order for the judge to sign, is available free through TexasLawHelp.org.1Texas Law Help. How to Ask for a Continuance Under Texas Rule of Civil Procedure 251, the judge can only grant the request if you show sufficient cause supported by a sworn affidavit, if both sides agree, or if a statute requires the delay.2Texas Judicial Branch. Texas Rules of Civil Procedure Most motions are filed electronically through the state’s eFileTexas system.
Where to Get the PDF Forms
TexasLawHelp.org publishes a guided motion for continuance, an agreed-motion version for cases where both sides sign, a notice of hearing form, and a separate proposed order for the judge.1Texas Law Help. How to Ask for a Continuance The order form has checkboxes for granting or denying the motion, blank lines for the new hearing date and time, and a signature block.3TexasLawHelp.org. Order on Motion for Continuance Fill everything out except the judge’s signature and the reset date before you file.
If your court has its own preferred form or additional local requirements, use that version instead. The court coordinator can tell you whether the court accepts the TexasLawHelp template.
What the Motion Must Contain
Whether you use the free PDF or draft the motion from scratch, the document needs several core elements:
- The case style: the full names of all plaintiffs and defendants exactly as they appear in the court’s file.
- The cause number the clerk assigned when the case was filed. It appears on every document in your case.
- The specific court handling the case, such as the 14th District Court of Dallas County or County Court at Law No. 3.
- A clear factual narrative explaining why the delay is needed and referencing the rule that supports it. This is the substantive core of the motion. Generic language about needing “more time” will not satisfy Rule 251.
- A verification or affidavit: a sworn statement, signed before a notary or other officer authorized to administer oaths, attesting that the facts in the motion are true. A motion that is not properly sworn is vulnerable to immediate denial.
Many local courts also expect a certificate of conference — a short statement confirming you contacted the opposing party to discuss the motion before filing.4District Courts of Harris County. Judge Erica R. Hughes It typically says whether the other side agrees, disagrees, or could not be reached. This is not a statewide rule, but enough courts require it that you should include one unless you have confirmed your court does not.
One threshold detail catches people off guard: Rule 251 says the defendant must have already filed an answer before the court will hear any continuance application from either party.2Texas Judicial Branch. Texas Rules of Civil Procedure
Reasons Texas Courts Accept
“Sufficient cause” under Rule 251 is deliberately broad, but a handful of grounds appear repeatedly because courts recognize them as genuinely preventing a fair proceeding:
- A key witness cannot attend, or critical evidence has not been obtained despite reasonable efforts. This ground carries extra affidavit requirements under Rule 252.
- Your lawyer has a conflicting trial setting in another court. Many courts expect the motion to identify the other case’s style, cause number, court, and time of conflict.
- Discovery responses remain pending, making adequate preparation impossible. Explain what discovery is still open and why you could not obtain it sooner.
- The opposing side produced a large volume of records close to the trial date, leaving too little time to review them.
- Attorney vacation. Under some regional administrative rules, attorneys may designate up to four vacation weeks per calendar year by filing written notice at least 90 days in advance, and the court must avoid scheduling trial during those weeks.5Texas Judicial Branch. Rules of Administration Third Administrative Judicial Region
Extra Affidavit Content for a Missing Witness
If the continuance rests on an unavailable witness or missing testimony, Rule 252 layers on specific requirements. The affidavit must state that the testimony is material and explain why; describe the due diligence used to obtain it, including specific steps such as subpoenas, phone calls, or emails, and why those efforts failed; identify the witness by name and residence; state what you expect the witness to say; and confirm that the continuance is being sought so justice can be done, not to delay.
On a first request you do not have to prove the testimony is unavailable from another source. On a second or later request, you do.6South Texas College of Law Houston. Texas Rule of Civil Procedure 252 – Application for Continuance Miss any of these elements and the judge has a clean reason to deny. A vague statement that a witness “couldn’t make it” will almost certainly fail.
When Both Sides Agree
An agreed motion for continuance is easier to prepare but still not automatic. Even with everyone’s consent, the judge keeps discretion to deny the request. A signed agreement between the parties does not bind the court.2Texas Judicial Branch. Texas Rules of Civil Procedure
Under Rule 11, any agreement between parties or attorneys about a pending lawsuit — including an agreement to reschedule a hearing — must be in writing, signed, and filed with the papers, or read into the record during a live hearing.2Texas Judicial Branch. Texas Rules of Civil Procedure An informal verbal agreement or a casual email without a clear electronic signature and explicit reference to Rule 11 will not be enforceable.7Texas Law Help. Rule 11 Agreements Put the agreement in writing, both sign it, and file it with the clerk alongside the agreed motion and proposed order.
Filing Through eFileTexas
Most Texas courts require electronic filing. You upload the completed motion and proposed order as searchable PDFs through one of the certified electronic filing service providers (EFSPs) connected to eFileTexas. The state-provided EFSP at eFile.TXCourts.gov is free. Third-party providers charge per-transaction fees that generally run from free to about $6 per submission depending on the plan.8eFileTexas.gov. Service Provider Comparison Table During submission you select a filing code that matches the document type.
Filing does not by itself notify the other side. Rule 21a requires that every motion be served on all other parties. If the opposing party or their attorney has an email address on file with the electronic filing system, service happens automatically through that system when you file. If the other side is not set up for electronic service, you serve them in person, by certified or registered mail, or by commercial delivery service.9Supreme Court of Texas. Misc. Docket No. 24-9107 – Adoption of Comments to Texas Rules of Civil Procedure 21a, 106, and 119
When to File
File as early as you can. Some administrative rules require filing at least five days before the scheduled proceeding, with any later filing requiring a showing of good cause for the delay.10Legal Information Institute (Cornell Law School). 1 Tex. Admin. Code 155.307 – Motions for Continuance and to Extend Time Individual courts may impose stricter local deadlines, so check your court’s local rules or call the court coordinator.
Getting a Hearing and a Ruling
After filing, contact the court coordinator to get a hearing date. The coordinator manages the judge’s calendar and will tell you whether the hearing will be in person or by video. Some courts decide continuance motions on the papers without a live hearing, so ask which approach applies.
At a hearing, you walk the judge through the reason for the request, and the opposing party gets a chance to object. Judges have broad discretion, and the ruling turns on whether the cause is legitimate, whether you acted diligently, and whether the delay would prejudice the other side. If the judge grants it, they sign the proposed order and the case gets a new date. Keep a copy of that signed order.
If the Motion Is Denied
A denial narrows your options quickly. Texas appellate courts review continuance denials under an abuse-of-discretion standard and rarely reverse. Failing to show due diligence, such as waiting until the last minute to subpoena a witness, is the most common reason denials are upheld.
Be ready to proceed on the scheduled date. A denied continuance does not excuse your absence. Missing a civil trial can result in a default judgment; in a criminal case, it can trigger a bond forfeiture and bench warrant. If the denial caused genuine harm at trial, the issue can be raised on appeal after a final judgment.
Criminal Cases Follow Different Rules
The forms and rules above apply to civil matters. In a criminal case, Article 29.03 of the Texas Code of Criminal Procedure controls. Either side can request a continuance by written motion, but the motion must fully set out the reason, and any continuance may last only as long as necessary. Because defendants have a constitutional right to a speedy trial, repeat requests can work against a defendant by waiving that protection. If the prosecution asks for the delay, weigh whether the postponement unfairly prejudices the defense.
A Related Route: More Time to Respond to Summary Judgment
If the other side has filed a motion for summary judgment and you need more time to gather evidence to oppose it, the mechanism is not a continuance motion. As of March 1, 2026, amended Rule 166a(d)(3) lets you file an affidavit or declaration explaining why you cannot yet present the facts necessary to respond. The court can extend your response deadline, deny the summary judgment motion without prejudice to allow further discovery, or issue another appropriate order.11Supreme Court of Texas. Final Approval of Amendments to Rule 166a of the Texas Rules of Civil Procedure The affidavit has to be specific about what evidence you still need and why you have not been able to get it. A generic claim that discovery is “incomplete” will not persuade most judges. Spell out the depositions you have noticed, the document requests still pending, or the expert reports not yet received.