Do you have to file a motion with the court in order to get a continuance on a summary judgment

Asked 12 months ago - Austin, TX

On a scheduled court hearing for summary judgment can you agree with opposing counsel for more time or just through motions to the judge

Attorney answers (5)

  1. Draper Tobias Rodriguez

    Contributor Level 13

    2

    Lawyers agree

    Answered . If you wanted to agree you could file a joint motion or indicate in their motion you agreed with the request. Whether you wanted to or not is another question which should be answered by your attorney.

    The answering of this question does not constitute a attorney-client relationship. Further by answering this... more
  2. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You can almost always agree to a continuance of the hearing date on a motion for summary judgment, unless there are extenuating circumstances. However, the agreement must be in writing and filed with the court. This is a tricky and risky area, because if the judge rules on the summary judgment and a proper response is not filed, there is essentially no appeal unless the motion is legally defective. This is too complex to do it yourself, but a lawyer should know how to handle it.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  3. William Tyler Moore Jr

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Depends on the court and whether or not there is a docket control order in place. If judge won't let you agree, then file a motion for continuance

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
  4. Edward James Kazaleh

    Contributor Level 14

    1

    Lawyer agrees

    Answered . A usual continuance only moves the hearing date and time and not the response or reply deadlines.... so it is not that critical or useful. In some situations the response can be moved until after the completion of Discovery. I always ask for a continuance in all my responses to preserve that potential argument for an appeal if needed, saying the Court never let us find the missing evidence we needed. But, ask your lawyer.
    Thanks for the AVVO points.

    DISCLAIMER: THE ABOVE INFORMATION IS NOT LEGAL ADVICE. THIS IS GENERAL EDUCATIONAL INFORMATION ONLY AND SHOULD NOT... more
  5. Ramez Fayez Shamieh

    Contributor Level 7

    Answered . Unless you can get the opposing attorney to agree to a continuance, I would file a motion with the court.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more

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