Continuances are governed by Chapter 29, Texas Code of Criminal Procedure. These rules augment but do not replace that code.
Requesting a Continuance
All motions for continuance shall be in writing and shall be filed with the clerk of the court. Such motions shall be filed immediately upon discovering the necessity for a continuance. Motions filed less than five working days prior to the scheduled event will be ruled on at the call of the docket with the filing party’s presence being mandatory. Each motion shall contain:
- the cause number
- the name of the defendant
- the date and time of the setting to be continued
- the specific facts justifying the continuance
- an attached order for the judge’s ruling
Any motion that does not meet these requirements will be denied without prejudice to the right to re-file.
If a Continuance is Denied
A cash bond in the amount set by the court must be posted for any further court setting if the Motion for Continuance is denied and the defendant and/or attorney fail to appear as originally scheduled.
It is the defendant’s responsibility to determine whether the motion was granted or denied.