A verification or an affidavit may be used to support sufficient cause for a continuance. If a verification is used, it must be based on personal knowledge, not on knowledge and belief. See the practice notes at section 19.4.
An unsworn declaration may be used in place of a verification or an affidavit. See section 8.58 and form 8-27.
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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Continuance
This Motion for Continuance is brought by [name of movant], [party designation], who shows in support:
1.This case is presently set for trial on [date].
2.[Describe facts that provide grounds for a continuance.]
3.This continuance is not sought solely for delay but that justice may be done.
[Name of movant] prays that the Court grant the Motion for Continuance.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Verification
The undersigned states under oath: “I am the [movant/attorney for the movant] in the foregoing Motion for Continuance. I have read the motion. The statement[s] contained in paragraph 2 in the motion [is/are] within my personal knowledge and [is/are] true and correct.”
[Name of [movant/attorney for movant]]
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]