Continuances are governed by Chapter 29 of the Texas Code of Criminal Procedure and should be filed when a defendant is attempting to change the trial date. If a defendant is merely attempting to request a change in their court date before trial (i.e. an initial appearance date or a pre-trial docket date), they can file a Request for Reset.
Requesting a Continuance
All motions for continuance of trial and reset of court hearings shall be in writing and shall be filed with the court no later than three (3) days prior to your court date. Such motions shall be filed immediately upon discovering the necessity for a continuance or reset. Motions filed less than three (3) days prior to the scheduled event may be ruled on at the call of the docket.
Each Motion Shall Contain:
the cause/citation number
the name of the defendant
the date and time of the setting to be continued
the specific facts justifying the continuance or reset
If a Continuance is Denied:
If a motion is denied, and the defendant and/or their attorney fails to appear as originally scheduled, an arrest warrant and/or an additional charge for failure to appear may be issued. It is the responsibility of the defendant to determine whether the motion was granted or denied.
Below are links to download the Motion for Continuance and Request for Reset Forms.