To file a motion for continuance in Texas, you submit a written request to the court clerk, backed by a sworn statement showing sufficient cause for the delay, and serve a copy on the opposing party before your scheduled court date. The rules differ depending on whether your case is civil or criminal, and judges have wide discretion, so the quality of what you put on paper usually decides whether you get the postponement.
What the Motion Must Contain
The motion itself is the document that does the work. Start with the case caption at the top: court name, cause number, and the names of the parties. In the body, state clearly that you are requesting a continuance, identify the specific grounds with detailed facts, and include the required statement that the continuance is “not sought for delay only, but that justice may be done.”1Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 252 Sign it.
Sworn Statement
Both civil and criminal rules require the motion to be backed by a sworn statement from someone with personal knowledge of the facts. In civil cases, Rule 251 requires an affidavit.2Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 251 In criminal cases, Article 29.08 requires the motion itself to be sworn to by a person with personal knowledge.3State of Texas. Texas Code of Criminal Procedure Chapter 29 – Article 29.08
For civil cases, you don’t have to find a notary. Chapter 132 of the Civil Practice and Remedies Code allows an unsworn declaration signed under penalty of perjury, provided it includes your name, the date, your signature, and a statement that the contents are “true and correct” under penalty of perjury.4State of Texas. Texas Civil Practice and Remedies Code Section 132-001
Certificate of Conference
Many Texas courts require you to contact the opposing party or their attorney before filing and report whether they agree or oppose. That is documented in a certificate of conference attached to the motion, stating when and how you conferred and what the other side’s position is. This requirement comes from local court rules rather than the statewide rules, so check your specific court. Even where it’s not technically required, conferring first is smart: an agreed motion is far more likely to be granted without a hearing.
Proposed Order
Attach a proposed order for the judge to sign. It’s a short document granting the continuance, ideally with a blank line for the new court date. If the other side agrees, both attorneys or parties should sign the proposed order. Having it ready speeds things up considerably when the motion is unopposed.
Grounds That Count as Sufficient Cause
Texas Rule of Civil Procedure 251 sets the baseline for civil cases: no continuance will be granted unless you show “sufficient cause” backed by an affidavit, unless both sides consent or a specific law requires it.2Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 251 “Sufficient cause” is deliberately open-ended. The most commonly accepted grounds:
- An unavailable witness. You must name the witness, explain what they would testify about, show the testimony is material, and demonstrate that you made a genuine effort to secure their attendance. A first request doesn’t require you to show the testimony can’t come from another source, but later requests do.1Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 252
- Incomplete discovery. Explain what evidence you’re pursuing, why it matters, and what steps you have already taken to get it.
- Recent attorney withdrawal. The court may grant a continuance if your lawyer withdrew and you need time to find new counsel, but Rule 253 says absence of counsel is not automatically good cause. The judge has discretion and must state the reasons on the record.5Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 253
- A legitimate scheduling conflict with another court setting.
Across all of these, the judge is looking for two things: that you were diligent, and that the need for delay isn’t your own doing. A first request gets more latitude than a second or third.
Criminal cases follow the Texas Code of Criminal Procedure rather than the civil rules. Article 29.03 requires the motion to be in writing, the cause “fully set forth,” and the continuance to last only as long as necessary. When a defendant seeks a continuance based on an absent witness, Article 29.06 imposes a detailed checklist for the first request: the witness’s name and residence, efforts made to secure attendance, the specific facts the witness would testify about, a statement that the witness isn’t absent by the defendant’s doing, a declaration that the motion isn’t made for delay, and a showing that no reasonable postponement within the current court term would solve the problem. Unlike civil cases, criminal continuances are explicitly not granted as a matter of right, even on a first request.6State of Texas. Texas Code of Criminal Procedure Chapter 29 – Article 29.06
One narrow situation removes the judge’s discretion entirely: if a party or their attorney is a current or incoming member of the Texas Legislature attending or about to attend a session, Section 30.003 of the Civil Practice and Remedies Code requires the court to grant a continuance, subject to timing limits on when the legislator-attorney was retained.7State of Texas. Texas Civil Practice and Remedies Code Section 30.003
When to File
The statewide civil rules do not set a specific filing deadline for continuance motions, but timing matters. Judges are far more sympathetic to a request made two weeks before a hearing than one dropped on the court’s desk the day before trial. Some local court rules impose their own deadlines, so ask the court clerk.
If the motion is contested, the court will need to hold a hearing. Rule 21 requires that notice of the hearing be served on all parties at least three days before it takes place, unless the court shortens that period.8Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 21 File your motion too close to the original court date and there won’t be time to schedule a hearing before it, which effectively kills the request.
How to File and Serve the Motion
Attorneys filing civil, family, or probate cases in Texas must file electronically through eFileTexas.gov.9eFileTexas.Gov. Official E-Filing System for Texas If you’re representing yourself, you’re encouraged to use the system but not required to. The eFileTexas portal offers a guided self-help tool for people without attorneys at selfhelp.efiletexas.gov.10eFileTexas.gov. Frequently Asked Questions If you don’t e-file, you can file in person at the clerk’s office of the court handling your case.
Electronic filings go through a certified electronic filing service provider, which validates required information and calculates filing fees and court costs. A 2.89% credit card convenience fee applies to submissions with associated court costs.10eFileTexas.gov. Frequently Asked Questions
After filing, serve a copy of everything on the opposing party or their attorney. Under Rule 21a, if both sides use the e-filing system and the other party’s email address is on file with the electronic filing manager, service happens automatically through the system. If the other party isn’t on the e-filing system, you can serve them in person, by mail, by commercial delivery service, by fax, or by email.11Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 21a Failing to serve the opposing party can result in the motion being denied outright.
What Happens After You File
If the other side agreed to the continuance, the judge may review the motion and proposed order and sign it without a hearing. Even an agreed motion is not automatically granted, but practically speaking, agreed motions rarely get denied. Once the judge signs the order, the clerk sends copies to both parties confirming the new date.
If the other side opposes, the court sets a hearing where both sides argue. Come prepared to explain your grounds in detail and bring proof that you served the motion. The judge decides after hearing from both parties.12Texas Law Help. I Need a Continuance Either way, you’ll receive a signed order. A granted order will state the new court date. A denied order means the original date stands.
If Your Motion Is Denied
If the court denies your continuance, you must appear on the original date and be ready to proceed. Not showing up carries real consequences. If you’re the plaintiff or the party who initiated the case, your failure to appear can result in dismissal for want of prosecution under Rule 165a. If you’re the defendant and haven’t filed an answer, the plaintiff can take a default judgment under Rule 239.13Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 239 In a criminal case, failing to appear can result in a bench warrant, bond forfeiture, or an additional charge for bail jumping.
The denial is reviewable on appeal, but the standard is tough. Texas appellate courts review for abuse of discretion, meaning you generally need to show the judge’s ruling was arbitrary or unreasonable. In criminal cases, if the continuance is denied and you’re convicted, and the missing witness’s testimony turns out to have been material, the court should grant a new trial.14State of Texas. Texas Code of Criminal Procedure Chapter 29 – Articles 29.09 and 29.10
Sanctions for Filing to Delay
A continuance motion with no legitimate basis, filed purely to stall, can trigger sanctions under Rule 13 of the Texas Rules of Civil Procedure. If the court finds a motion has no basis in law or fact and was filed for an improper purpose, such as unnecessary delay or driving up litigation costs, it can order the filer to pay the other side’s reasonable expenses and attorney’s fees. Sanctions can fall on the party, the attorney, or both.15Texas Courts. Texas Rules of Civil Procedure March 1 2026 – Rule 13 Courts presume good faith, so sanctions are reserved for clear abuse. Worth knowing about, though, if you’re considering a second or third continuance request on thin grounds.