Denton, TX asked in Collections for Texas

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?

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1 Lawyer Answer

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.

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