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Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
You may dismiss or nonsuit a case you filed at any time before you have introduced all your evidence by filing a Notice of Nonsuit with the court. See Texas Rules of Civil Procedure, Rule 162.
Acceptable Excuses to Fail to Appear in Court You Were Not Notified of Your Hearing. One of the most common valid excuses to miss a court hearing is when you were not properly notified of the date within a reasonable amount of time. You Have a Health or Family Emergency. Your Lawyer Has Withdrawn.
Rule 91a Motion to Dismiss A Motion to Dismiss under Rule 91a must identify each cause of action the party seeks to dismiss and must specifically state the reasons the cause action has no basis in law or fact. served on the movant. o The Motion to Dismiss must be filed at least 21 days before the motion is heard.
You can file a motion to dismiss at any time during the case. Usually, the defendant files a motion to dismiss early in the lawsuit immediately after filing an Answer.
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A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
Under new Rule 91a, a party may move to dismiss a cause of action that has no basis in law or fact. A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, do not entitle the claimant to relief. A claim has no basis in fact if no reasonable person could believe the
A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
Responses to motions for continuance shall be in writing, except a response to a motion for continuance made on the date of the proceeding may be presented orally at the proceeding.
What is a continuance? A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance.

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