MOTION FOR CONTINUANCE / DISMISSAL - Austin, Texas - austintexas 2025

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  1. Click ‘Get Form’ to open the MOTION FOR CONTINUANCE / DISMISSAL in the editor.
  2. Begin by filling in the 'CAUSE NUMBER' at the top of the form. This is essential for identifying your case.
  3. In Section I, print your name and specify the reasons for requesting a continuance. Be clear and concise.
  4. If you are opting for a motion to dismiss, proceed to Section II. Again, print your name and provide the violation date along with specific reasons for dismissal.
  5. For a motion for a new trial in Section III, print your name and detail your reasons in Section IV. Specificity is key here.
  6. Complete your contact information including address, telephone number, email address, and bar number if applicable.
  7. Finally, ensure you sign the document as either Defendant, Attorney, Complainant, or Prosecutor before submitting it.

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In Texas, the number of continuances in a violation of probation case is not fixed by statute but depends on the judges discretion and case circumstances. Requests for continuances must be reasonable and typically require good cause, such as needing more time to prepare or new evidence.
Either side can ask the court for a continuance, or the judge can order a continuance independently if they feel that it is necessary. Judges generally do not grant continuances freely unless proceeding to trial would violate the defendants rights.
In Texas SAPCR cases, to oppose a motion for continuance, you typically file a written response or objection with the court. This can be titled Response to Motion for Continuance or Objection to Continuance. An affidavit may support your position but is not always required.
write why you need a continuance (remember you must have a good reason) write the date and time of the hearing, write the full physical address of the court where the hearing will be held, and. fill out and sign the Certificate of Service.
Motions for continuance in civil and criminal cases must be in writing and must state specific facts showing sufficient cause to support the motion. The facts stated in the motion must be verified or supported by affidavit made by a person having personal knowledge of the facts relied on for the continuance. (TEX. CIV.

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A motion for a continuance is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (good cause) for postponing your court date.

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