A continuance is a postponement of a setting. People ask for one because they are ill, because they have just found a lawyer, because a witness cannot be there, or because they were served with 400 pages last Thursday. All of those can be good reasons. Good reasons are not, by themselves, enough.
What the rule actually says
“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.”
That is the whole rule. It is one sentence, and it contains everything you need.
Read the second half as a list. A continuance may be granted:
- for sufficient cause supported by affidavit;
- by consent of the parties; or
- by operation of law.
Standing up on the morning of the hearing and explaining your situation is none of those three. It is not an affidavit, it is not the other side’s consent, and it is not operation of law. This is why a request that everyone in the room can see is reasonable still gets denied — the judge is not being callous, they are being handed nothing they can act on.
Route one: sufficient cause supported by affidavit
An affidavit is a written statement of facts that you swear to in front of a notary. Not argument — facts. The distinction matters more than almost anything else on this page.
| Argument (weak) | Fact, swearable (strong) |
|---|---|
| “I have not had enough time to prepare.” | “I was served with Respondent’s exhibit list, consisting of 312 pages, on 28 July 2026. The hearing is set for 4 August 2026.” |
| “I am trying to get a lawyer.” | “I applied to Lone Star Legal Aid on 14 July 2026 and was told on 29 July 2026 that my intake interview is scheduled for 19 August 2026.” |
| “My witness cannot make it.” | “Dr. Ana Ruiz, the children’s paediatrician, is the only witness to the 3 June examination. Her office advised me on 30 July 2026 that she is out of the country until 22 August 2026.” |
Dates, names, documents, who told you what and when. A judge reading the right-hand column can make a finding. A judge reading the left-hand column can only take your word for it, and the rule does not let them.
An affidavit is sworn testimony. Everything in it should be something you personally know and would say the same way under oath in the courtroom. If you know something only because somebody told you, say so in those words — “Her office advised me” rather than “She is out of the country.” Overstating in an affidavit is a much more serious problem than not getting the continuance.
Note also the first half of Rule 251: no application for a continuance is heard before the defendant files his defense. If you are the respondent and you have not filed an answer, file it first. A continuance motion filed before your answer can be dismissed on that ground alone without anyone reaching your reasons.
If the reason you need more time is a missing witness specifically, look at Rule 252 as well — it sets out additional things a first application on that ground is expected to show, including what the witness would testify to and what you did to try to secure their attendance.
Route two: consent
The cheapest continuance in existence is the one the other side agrees to. Ask. If they are represented, email opposing counsel, be brief and unemotional, propose specific alternative dates, and ask whether they are unopposed.
“Ms. Okafor — I intend to file a motion for continuance of the 4 August setting. My reason is that I received the exhibit list on 28 July. I can be available on 25, 26 or 27 August. Will you be opposed?”
Whatever the answer, you have gained something. An agreement means an agreed motion, which is far more likely to be granted. A refusal, in writing, means you can state accurately in your motion that the request is opposed and that you asked. Courts notice which parties tried.
A motion’s certificate of conference — the line saying you contacted the other side and what they said — is small and it does real work. Do not skip it.
Route three: operation of law
Some continuances happen because a statute or rule makes them happen, without the judge weighing anything. These are specific and situational; if you think one applies to you, that is a question worth asking a lawyer or a law librarian about rather than guessing.
Practical timing
- File it as soon as you know you need it, not the night before. A motion filed the moment the problem appeared reads as diligence; the same motion filed the evening before the hearing reads as delay.
- Attach a proposed order. Make it easy to grant.
- Serve it on every other party, and say so in the certificate of service.
- Call the court coordinator and ask whether the motion needs a setting to be heard, or whether the judge rules on the papers. Courts differ and the coordinator will tell you.
- Go to the hearing anyway. A filed motion is not a granted motion. Until somebody tells you the setting is off, the setting is on — and failing to appear is a far worse problem than sitting through a hearing that gets postponed.
Do not assume that filing a motion excuses your attendance. It does not. If you file for a continuance and then do not show up, the court may proceed without you. Whatever else you take from this page, take that.
Sources. Texas Rules of Civil Procedure 251 (quoted in full) and 252 (referenced). Rule text verified 4 August 2026.
Some courts have local rules about how far in advance a continuance must be requested, and some judges have standing orders on the point. Check yours. Last reviewed 4 August 2026.