Rule 254.Attendance on Legislature

Last amended January 1, 1981 · Last verified June 28, 2026

In one sentenceRule 254 makes a continuance mandatory when a party or a party's attorney is a legislator in or near a legislative session, continuing the case until 30 days after adjournment, with a narrow exception for counsel hired close to trial.

Full Text of Rule 254

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In all civil actions, including matters of probate, and in all matters ancillary to such suits which require action by or the attendance of an attorney, including appeals but excluding temporary restraining orders, at any time within thirty days of a date when the legislature is to be in session, or at any time the legislature is in session, or when the legislature sits as a Constitutional Convention, it shall be mandatory that the court continue the cause if it shall appear to the court, by affidavit, that any party applying for continuance, or any attorney for any party to the cause, is a member of either branch of the legislature, and will be or is in actual attendance on a session of the same. If the member of the legislature is an attorney for a party to the cause, his affidavit shall contain a declaration that it is his intention to participate actively in the preparation and/or presentation of the case. Where a party to any cause, or an attorney for any party to a cause, is a member of the legislature, his affidavit need not be corroborated. On the filing of such affidavit, the court shall continue the cause until thirty days after adjournment of the legislature and the affidavit shall be proof of the necessity for the continuance, and the continuance shall be deemed one of right and shall not be charged against the movant upon any subsequent application for continuance. The right to a continuance shall be mandatory, except only where the attorney was employed within ten days of the date the suit is set for trial, the right to continuance shall be discretionary.

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Plain-English Summary

Rule 254 is the legislative continuance. In civil actions, within 30 days of a legislative session, while the legislature is in session, or when it sits as a Constitutional Convention, the court must continue a case if an affidavit shows that a party, or an attorney for a party, is a member of either house and is or will be in actual attendance. A legislator-attorney's affidavit must also state an intention to participate actively in the case; neither a legislator-party's nor a legislator-attorney's affidavit needs corroboration. The case is continued until 30 days after adjournment, the continuance is one of right, and it is not charged against the movant on a later application.

There is one limit. The continuance is mandatory except where the attorney was employed within 10 days of the trial-setting date, in which case it becomes discretionary. Temporary restraining orders are excluded from the rule.

Frequently Asked Questions

Does a Texas case get continued if the lawyer is a state legislator?

Yes, generally. Rule 254 makes the continuance mandatory when a party or attorney is a legislator in or within 30 days of a session, continuing the case until 30 days after adjournment.

Is the legislative continuance ever discretionary?

Yes. Under Rule 254, if the attorney was employed within 10 days of the trial setting, the continuance is discretionary rather than mandatory.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 254), 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: attendance on legislaturelegislative continuancelegislator attorneyTRCP 254