§ 30.005.Religious Holy Day

The party-and-attorney counterpart to the juror recess in the juror continuance chapter, enacted in the same 1987 session.

The definitions are identical. "Religious organization" takes the standard from Section 11.20 of the Tax Code; "religious holy day" means a day on which the tenets of such an organization prohibit its members from participating in secular activities, such as court proceedings.

If a party or an attorney representing a party is required to appear on a religious holy day they observe, the court shall continue the civil action. Mandatory, on the same terms as the juror provision.

The affidavit must state the grounds and that the party or attorney holds religious beliefs prohibiting participation in a court proceeding that day. It is proof of the facts stated and need not be corroborated.

Two differences from the juror provision are worth noting. This one grants a continuance — the proceeding is reset — rather than a recess to the next session day, which fits a party or attorney whose absence stops the case entirely. And there is no filing deadline here, where the juror provision requires the affidavit before final jury selection.

The absence of a deadline follows from timing. A juror's conflict is known when the panel is seated; a party's or attorney's can arise whenever a setting is made.