Rule 251.Continuance
Last verified June 28, 2026
Full Text of Rule 251
Plain-English Summary
Rule 251 sets the baseline for delaying a trial. No application for a continuance may be heard before the defendant has filed a defense. And no continuance may be granted except for sufficient cause supported by affidavit, by the consent of the parties, or by operation of law. The affidavit requirement means a bare, unsworn request will not carry a continuance.
Frequently Asked Questions
What does it take to get a continuance in Texas?
Under Rule 251, sufficient cause supported by affidavit, the consent of the parties, or operation of law. The court also will not hear the application until the defendant has filed a defense.
Can a defendant ask for a continuance before answering the lawsuit?
No. Rule 251 bars the court from even hearing a continuance application until the defendant has filed a defense, so the request has to wait until the defendant is on record in the case.
What does a continuance 'by operation of law' mean under Rule 251?
It covers continuances that happen because another rule requires them, such as the legislative continuance in Rule 254, without the movant having to make a separate showing of cause.