Rule 252.Application for Continuance

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 252 sets what a continuance for want of testimony must show by affidavit — materiality, diligence, the absent witness, and that delay is not the goal — while easing the burden on a first application.

Full Text of Rule 252

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If the ground of such application be the want of testimony, the party applying therefor shall make affidavit that such testimony is material, showing the materiality thereof, and that he has used due diligence to procure such testimony, stating such diligence, and the cause of failure, if known; that such testimony cannot be procured from any other source; and, it if be for the absence of a witness, he shall state the name and residence of the witness, and what he expects to prove by him; and also state that the continuance is not sought for delay only, but that justice may be done; provided that, on a first application for a continuance, it shall not be necessary to show that the absent testimony cannot be procured from any other source. The failure to obtain the deposition of any witness residing within 100 miles of the courthouse or the county in which the suit is pending shall not be regarded as want of diligence when diligence has been used to secure the personal attendance of such witness under the rules of law, unless by reason of age, infirmity or sickness, or official duty, the witness will be unable to attend the court, or unless such witness is about to leave, or has left, the State or county in which the suit is pending and will not probably be present at the trial.

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Plain-English Summary

Rule 252 governs the most common continuance ground: missing testimony. The movant must file an affidavit showing that the testimony is material and why, that due diligence was used to obtain it (and the cause of the failure), and — for an absent witness — the witness's name and residence and what the movant expects to prove. The affidavit must also state that the continuance is sought so that justice may be done, not merely for delay.

Two reliefs soften the rule. On a first application, the movant need not show that the absent testimony cannot be obtained from any other source. And failing to take the deposition of a witness who lives within 100 miles of the courthouse, or within the county where the suit is pending, is not, by itself, want of diligence when the movant used diligence to secure the witness's personal attendance — subject to exceptions for age, infirmity, sickness, official duty, or the witness leaving the area.

Frequently Asked Questions

What must an affidavit for a continuance show in Texas?

Under Rule 252, that the missing testimony is material, that the movant used due diligence to get it, the absent witness's name and residence and the expected testimony, and that the continuance is not sought merely for delay.

Is a first continuance easier to get in Texas?

Yes. On a first application, Rule 252 does not require the movant to show that the absent testimony cannot be procured from any other source.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 252), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: application for continuancewant of testimonyfirst applicationcontinuance affidavitTRCP 252