Requesting Continuance For Hearing

Summary

You can request a continuance for a transfer of venue hearing in Texas if you need more time for discovery and require special accommodations due to long COVID. Submit a written motion to the court, provide medical documentation, and notify the other party at least three days before the hearing. In the 310th Family Law Court in Harris County, you can provide medical documentation by 2pm the day before the hearing if local rules permit. Rule 258 states that a motion to transfer venue shall be granted unless challenged by a credible affidavit.

Full Conversation

I need it to conduct proper discovery for the Transfer of Venue Hearing, I don't have enough time right now
Got it, you need more time to conduct proper discovery for the Transfer of Venue Hearing. You can request a continuance. Here’s what you should do:
- Submit a Written Motion: Clearly explain your need for more time.
- Provide Medical Documentation: Include any documents that support your need for special accommodations due to long COVID.
- Explain Discovery Needs: Emphasize why additional time for discovery is necessary.
Would you like assistance in drafting the motion?
Can a continuance be heard before the trial and how far out must I notify the other side, is it three days before the trial date that I choose?
Yes, a continuance can be heard before the trial. In Texas, you generally need to file your motion for continuance and notify the other side at least three days before the hearing. Here are the steps:
- File a Motion for Continuance: Submit your written motion to the court.
- Notify the Other Party: Ensure the other side is notified at least three days before the hearing.
Would you like any help with drafting the motion?
Yeah, draft the motion and the arguments are that I need more time to conduct discovery regarding the transfer of venue. I can always draft another motion for zoom e hearings right highlighting long covid and my inability to be in person despite the court requiring in person hearings for show cause hearings?
Case Rating: *
Yes, you can draft another motion for Zoom hearings by highlighting your long COVID condition and the need for special accommodations. Here’s how you can structure your motion for a continuance:
*. Introduction: State your name and case number.
*. Request for Continuance: Clearly state that you are requesting a continuance for the transfer of venue hearing.
*. Reason for Request:
- Explain that you need additional time to conduct proper discovery.
- Provide details about your long COVID condition and how it impacts your ability to attend in-person hearings.
*. Medical Documentation: Mention that you have included medical documentation.
*. Conclusion: Request the court to grant the continuance.
Would you like any further assistance or clarification?
Would there need to be a hearing on my motion for continuance or not?
Case Rating: *
In Texas, whether a hearing is required for a motion for continuance depends on the judge and the specifics of your case. Often, judges can decide based on the written motion alone, but they may also schedule a hearing to discuss the reasons for the request.
Would you like any further assistance or clarification on this matter?
Yeah, this would be the 310th family law courtroom in harris county so what would be the proper procedure?
Case Rating: *
To request a continuance in the 310th Family Law Court in Harris County, follow these steps:
*. Submit a Written Motion: Clearly explain your reasons for needing a continuance.
*. Include Medical Documentation: Provide any documents supporting your need for special accommodations.
*. Notify the Other Party: Ensure the other side is notified at least three days before the hearing.
Would you like help drafting the motion?
Do I have to provide the medical documentation right away or can I wait the day before the hearing at 2pm like the local rules require?
Case Rating: *
You can wait to provide the medical documentation until the day before the hearing at 2pm if the local rules allow it. However, it's generally a good idea to provide it as early as possible to support your case for a continuance.
Would you like help drafting the motion?
Okay, so help me draft the motion for continuance. Rule * mentions this Where such motion to transfer venue is duly made, it shall be granted, unless the credibility of those making such application, or their means of knowledge or the truth of the facts set out in said application are attacked by the affidavit of a credible person; when thus attacked, the issue thus formed shall be tried by the judge
Case Rating: *
Sure, here's a draft for your motion for continuance:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
310th Family Law Court
Harris County Courthouse
[Courthouse Address]
Houston, TX [Zip Code]
Re: [Your Case Number]
[Your Name] vs. [Other Party's Name]
Motion for Continuance
Your Honor,
Introduction
I, [Your Name], respectfully request a continuance of the transfer of venue hearing scheduled for [current hearing date].
Request for Continuance
I am requesting a continuance for the following reasons:
*. Need for Additional Discovery: I require more time to conduct proper discovery regarding the transfer of venue.
*. Medical Condition: I have been diagnosed with long COVID, which impacts my ability to participate in in-person hearings. I am in the process of obtaining medical documentation to support my need for special accommodations.
Medical Documentation
As per local rules, I will provide the necessary medical documentation by [date, the day before the hearing at 2pm] to support my request for special accommodations.
Conclusion
I respectfully ask the court to grant this continuance to allow adequate time for discovery and to accommodate my medical condition.
Thank you for your consideration.
Sincerely,
[Your Name]
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Would you like any further assistance or clarification?
That sounds weak, you didn't include or write anything about rule *
Case Rating: *
Thanks for the additional context. Here’s a revised draft that includes Rule *:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
310th Family Law Court
Harris County Courthouse
[Courthouse Address]
Houston, TX [Zip Code]
Re: [Your Case Number]
[Your Name] vs. [Other Party's Name]
Motion for Continuance
Your Honor,
Introduction
I, [Your Name], respectfully request a continuance of the transfer of venue hearing scheduled for [current hearing date].
Request for Continuance
I am requesting a continuance for the following reasons:
*. Need for Additional Discovery: I require more time to conduct proper discovery regarding the transfer of venue.
*. Medical Condition: I have been diagnosed with long COVID, which impacts my ability to participate in in-person hearings. I am in the process of obtaining medical documentation to support my need for special accommodations.
Rule *
Pursuant to Rule * of the Texas Rules of Civil Procedure, where a motion to transfer venue is duly made, it shall be granted unless the credibility of the applicant or the truth of the facts set out in the application are attacked by an affidavit of a credible person. Should any such affidavit be presented, the issue thus formed will be tried by the judge.
Medical Documentation
As per local rules, I will provide the necessary medical documentation by [date, the day before the hearing at 2pm] to support my request for special accommodations.
Conclusion
I respectfully ask the court to grant this continuance to allow adequate time for discovery and to accommodate my medical condition.
Thank you for your consideration.
Sincerely,
[Your Name]
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Would you like any further assistance or clarification?