Legal Question in Civil Litigation in Texas

What is the time line to request a continuence before a trail date and if you are going to subpena someone, how late can I do it? This is in Houston in a civil trail. On a Breach of Contract suit.


Asked on 1/13/11, 9:33 am

1 Answer from Attorneys

Tanja Martini The Martini Law Firm, PC

You should read the local rules, any standing orders, and the scheduling order entered in your case regarding the deadline for filing a continuance. The deadline for filing a continuance may also be contingent on the basis for requesting the continuance.

As for the trial subpoena, TRCP 176 does not provide a set deadline; however, the requesting party should be "diligent" in procuring the witness's testimony. Again, you should review the local rules, standing orders, and your scheduling order to see if they provide any deadlines that are not stated in the Texas Rules. If you do not have an attorney, then you personally cannot issue a subpoena. You will have to rely on the court clerk, an attorney, or a deposition officer to issue a trial subpoena, so be sure to factor that into your deadline.

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Answered on 1/18/11, 12:45 pm


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