Texas Small Claims Court Continuance: How to Postpone Your Hearing

Your hearing is scheduled and you cannot make it — a work emergency, a medical issue, a key witness is unavailable, or you simply need more time to gather evidence. Texas Justice Courts allow continuances, but they are not guaranteed. The judge decides whether your reason is sufficient, and requesting one improperly can result in your case being dismissed or decided without you.

How to Request a Continuance

File a written motion with the court requesting the postponement. Do not just call the clerk and ask to reschedule — verbal requests are not reliable and leave no record.

Your motion should include:

• Your case number and the names of both parties
• The current hearing date
• The specific reason you need a postponement
• A statement that this is not a delay tactic and that you intend to proceed with the case
• Your signature and the date

File the motion as early as possible. Submitting a continuance request the day before the hearing signals poor planning, and the judge is less likely to grant it. Filing two weeks ahead gives the court time to reschedule and shows good faith.

Serve a copy of the motion on the opposing party. The other side is entitled to notice that you are requesting a postponement, and some courts require proof that you notified them.

Grounds That Typically Work

Judges have broad discretion on continuances in Justice Court. Reasons that courts commonly accept:

• Medical emergency — you or an immediate family member has a documented medical condition preventing attendance. Bring a doctor's note if you have one.
• Conflicting court date — you are required to appear in another court on the same day. Provide the case number and court name.
• Key witness unavailable — a critical witness cannot attend on the scheduled date but will be available on another date. Name the witness and explain why their testimony matters.
• Insufficient time to prepare — you were recently served with a counterclaim or new evidence and need time to respond. This is more common for defendants than plaintiffs.
• Recently retained attorney — you just hired a lawyer and they need time to review the case.

Grounds That Usually Fail

• "I forgot about it" — not a sufficient reason
• General inconvenience — having to take time off work, without more, is usually not enough
• Wanting to delay — if the judge suspects the request is a stalling tactic, it will be denied
• Multiple previous continuances — each additional request gets harder to justify

What Happens If the Judge Denies It

If your continuance is denied and you do not appear at the hearing:

• If you are the plaintiff: The judge may dismiss your case for Want of Prosecution (DWOP). You can file a Motion to Reinstate within 14 days.
• If you are the defendant: The judge may enter a default judgment against you. You can file a Motion to Set Aside within 14 days, but you need to show good cause and a meritorious defense.

Neither outcome is ideal. If your request is denied, make every effort to appear — even if you feel unprepared, attending is better than a dismissal or default.

After the Continuance Is Granted

The clerk reschedules your hearing and notifies both parties of the new date. Verify the new date by checking with the clerk or your court's online case lookup — do not rely on assumptions about when it will be rescheduled.

Use the additional time productively. Gather the evidence you were missing, prepare your presentation, and confirm your witnesses are available for the new date.

The Texas Small Claims Filing Guide includes a deadline calendar that tracks every procedural date in your case, so if a continuance shifts your hearing, you can adjust all downstream deadlines accordingly.

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