Summary
In Texas, a motion for continuance due to needing discovery is supported by the Texas Rules of Civil Procedure. Rule 251 requires sufficient cause, and Rule 252 requires an affidavit showing materiality and diligence in obtaining discovery. A continuance can be granted based on sufficient cause, consent of both parties, or operation of law. Local court rules may allow a continuance to be heard on a submission docket. The Texas Family Code does not specifically address continuances, but they can be addressed under the Texas Rules of Civil Procedure.Full Conversation
My point is that there is not even enough time to conduct discovery because today is the 26th of March and the trial for the transfer of venue is on the 16th of April, so that does not give me thirty days to conduct discovery or does it?
In Texas, you can file a motion for continuance stating the lack of sufficient time for discovery. Emphasize the following points:
- Rule *: Sufficient cause for continuance.
- Rule *: Affidavit showing materiality of discovery and diligence in attempting to obtain it.
Would you like more information on how to draft this motion?
Texas Rule of Civil Procedure * what does this state
Texas Rule of Civil Procedure * pertains to interrogatories. Here are the key points:
- Rule *.*: Parties may serve written interrogatories to other parties.
- Rule *.*: Answers must be served within 30 days (50 days if served before the defendant's answer is due).
- Rule *.*: Answers must be signed under oath.
Do you need more details on interrogatories or another aspect of your case?
Texas Rule of Civil Procedure * what does this say
Case Rating: *
Texas Rule of Civil Procedure * states that a motion for continuance shall not be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.
Is there anything else specific you need information about regarding your case?
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. what does that mean
Case Rating: *
It means that a motion for continuance (request to delay a court proceeding) cannot be considered until the defendant has filed their defense. Continuances will only be granted if there is:
- Sufficient cause supported by an affidavit
- Consent of both parties
- Operation of law
Do you need any further clarification or have another question?
So all three of those have to be met?
Case Rating: *
No, not all three conditions need to be met simultaneously. A continuance can be granted based on any one of the following:
- Sufficient cause supported by an affidavit
- Consent of both parties
- Operation of law
Is there another specific question or detail you need help with?
Can a continuance be heard on a submission docket
Case Rating: *
In Texas, whether a continuance can be heard on a submission docket depends on the local court rules. Generally, a motion for continuance can be submitted and decided without an oral hearing if the judge allows it.
Would you like more details on how to proceed with a motion for continuance?
what part of the family code mentions a continuance?
Case Rating: *
In Texas, the Family Code mentions continuances in the context of certain family law proceedings. Specifically:
- Texas Family Code § *.*(d): This section addresses continuances in suits affecting the parent-child relationship.
Do you need information on a specific type of family law case?
thats not correct try again
Case Rating: *
In Texas, motions for continuances in family law cases can also be addressed under the Texas Rules of Civil Procedure. However, specific sections of the Texas Family Code such as § *.*(d) do apply. If you need more specific guidance, please let me know the details of your case.
It doesn't say anything about continuances in that family code so try another
Case Rating: *
In Texas, motions for continuances in family law cases can be addressed under the Texas Rules of Civil Procedure. There isn't a specific section in the Family Code solely dedicated to continuances.
Would you like assistance with drafting a continuance motion or any other specific detail?
Texas Rule of Civil Procedure * and * what do these talk about
Case Rating: *
Sure, here’s a brief overview:
Texas Rule of Civil Procedure *:
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Rule *.*: Discovery control plans.
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Rule *.*: Level * applies to expedited actions and divorces without children.
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Rule *.*: Level * applies to standard cases.
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Rule *.*: Level * applies to cases with a court-ordered discovery plan.
Texas Rule of Civil Procedure *:
- Rule *.*: Written interrogatories to parties.
- Rule *.*: Answers must be served within 30 days, 50 days if before the defendant’s answer is due.
- Rule *.*: Answers must be signed under oath.
Do you need more specific details on any of these rules?
Texas Government Code §*.*(d what does this say
Case Rating: *
Texas Government Code §*.*(d) states:
A commissioned Texas notary public has statewide jurisdiction and may perform notarial acts in any part of this state.
Would you like to know more about notarial acts or any other legal matter?
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