law-motion-for-continuance MFC | need for further discovery as ground for motion to continue trial
Motion For Continuance Must Be in Writing
Devereaux v. Harris County Hospital District (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Alcala)
(health care liability claim dismissed with prejudice, deadline to file expert report missed; parties argued over
characterization claims as HCLC; motion for continuance, absence of counsel]
Motion for Continuance Must be Sworn
A motion for continuance may not be granted “except for sufficient cause supported by affidavit, or by consent
of the parties, or by operation of law.” Tex. R. Civ. P. 251; O’Connor v. O’Connor, 245 S.W.3d 511, 516 (Tex.
App.—Houston [1st Dist.] 2007, no pet. h.). Absence of counsel, standing alone, is not good cause for a
continuance. Tex. R. Civ. P. 253; O’Connor, 245 S.W.3d at 516. When withdrawal of counsel is the ground for
continuance, the movant must show that failure to be represented by counsel at trial was not due to his own
fault or negligence. Villegas, 711 S.W.2d at 626.
Ritu does not make any such showing. Singh v. Singh (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Bland)
(divorce with children, conservatorship SAPCR, division of marital property, denial of Motion for Continuance
and motion for new trial)