Asking to postpone a hearing

Tex. R. Civ. P. 252 — Application For Continuance

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

If the ground of such application be the want of testimony, the party applying therefor shall make affidavit that such testimony is material, showing the materiality thereof, and that he has used due diligence to procure such testimony, stating such diligence, and the cause of failure, if known; that such testimony cannot be procured from any other source; and, it if be for the absence of a witness, he shall state the name and residence of the witness, and what he expects to prove by him; and also state that the continuance is not sought for delay only, but that justice may be done; provided that, on a first application for a continuance, it shall not be necessary to show that the absent testimony cannot be procured from any other source.The failure to obtain the deposition of any witness residing within 100 miles of the courthouse or the county in which the suit is pending shall not be regarded as want of diligence when diligence has been used to secure the personal attendance of such witness under the rules of law, unless by reason of age, infirmity or sickness, or official duty, the witness will be unable to attend the court, or unless such witness is about to leave, or has left, the State or county in which the suit is pending and will not probably be present at the trial.

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Tex. R. Civ. P. 254 — Attendance On Legislature

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

In all civil actions, including matters of probate, and in all matters ancillary to such suits which require action by or the attendance of an attorney, including appeals but excluding temporary restraining orders, at any time within thirty days of a date when the legislature is to be in session, or at any time the legislature is in session, or when the legislature sits as a Constitutional Convention, it shall be mandatory that the court continue the cause if it shall appear to the court, by affidavit, that any party applying for continuance, or any attorney for any party to the cause, is a member of either branch of the legislature, and will be or is in actual attendance on a session of the same. If the member of the legislature is an attorney for a party to the cause, his affidavit shall contain a declaration that it is his intention to participate actively in the preparation and/or presentation of the case. Where a party to any cause, or an attorney for any party to a cause, is a member of the legislature, his affidavit need not be corroborated. On the filing of such affidavit, the court shall continue the cause until thirty days after adjournment of the legislature and the affidavit shall be proof of the necessity for the continuance, and the continuance shall be deemed one of right and shall not be charged against the movant upon any subsequent application for continuance.…

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Tex. R. Civ. P. 203 — Signing, Certification And Use Of Oral And Written

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

RULE 243. UNLIQUIDATED DEMANDS ......................................................................... 186 RULE 244. ON SERVICE BY PUBLICATION ................................................................. 187 RULE 245. ASSIGNMENT OF CASES FOR TRIAL........................................................ 187 RULE 246. CLERK TO GIVE NOTICE OF SETTINGS ................................................. 187 RULE 247. TRIED WHEN SET ........................................................................................... 187 RULE 248. JURY CASES ..................................................................................................... 188 RULE 249. CALL OF NON-JURY DOCKET .................................................................... 188 RULE 251. CONTINUANCE ................................................................................................ 188 RULE 252. APPLICATION FOR CONTINUANCE ......................................................... 188 RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE ............... 189 RULE 254. ATTENDANCE ON LEGISLATURE ............................................................. 189 RULE 255. CHANGE OF VENUE BY CONSENT ............................................................ 189 RULE 257. GRANTED ON MOTION ................................................................................. 190 RULE 258. SHALL B…

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Cal. Civ. Proc. Code § 437c — CCP § 437c

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4). (j) If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a party’s papers or on the court’s own noticed motion, and after an opportunity to be heard. (k) Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding provided for in this section. (l) In an action arising out of an injury to the person or to property, if a motion for summary judgment is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiff’s objection, may attempt to attribute fault t…

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