Q: What should I do if the plaintiff has filed for a motion of continuance in a civil suit?
I am a defendant (based in Denton County, TX) in a debt lawsuit. The plaintiff (based a Lubbock, TX) filed a motion of continuance on 10/11, and we have a trial date set for 10/19. No ruling has been made on the motion. As of 10/17, we have not come to any type of settlement or agreement. Should I still go to court on the trial date and/or work towards an agreement?
A:
It depends on the facts and circumstances of your particular case and on your docket position.
By "docket position" I mean where your case is on the list of cases that your particular court has set for trial on October 19, 2023. Ordinarily, a court will have several cases set on a given day. Some cases take priority over others.
For example, a criminal case with a defendant who is in jail takes priority over a criminal case where the defendant is out on bond. A criminal case takes priority over a civil case. A civil case in which the state or a state agency is a party takes priority over other civil cases.
Once you get down to ordinary debt collection cases like yours, cases are usually arranged in order from oldest to newest, with older cases being "reached for trial" before newer cases.
In many instances, a court will not rule on a motion for continuance unless and until your case is "reached for trial." This makes sense because if your case is not reached for trial, it will be reset anyway and the court does not have to consider the merits of the motion itself. So, yes, you should go to court on that date.
Most cases settle without the need for a trial. Many cases only settle shortly before a trial setting. So, in my opinion, if there is any merit whatsoever to the claim, you should always work toward an agreement, ideally well before your final trial preparations.
Because you say your case is set for trial on October 19th, I can already tell something is wonky unless your case is pending in a justice of the peace court because trial settings in Denton County are typically on a one-week docket with a trial date that is a Monday, unless Monday is a state or federal holiday.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
