Rule 253.Absence of Counsel as Ground for Continuance

Last verified June 28, 2026

In one sentenceRule 253 says absence of counsel is generally not good cause for a continuance when a case is called for trial, except in the court's discretion on cause shown or on matters within the judge's knowledge stated on the record.

Full Text of Rule 253

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Except as provided elsewhere in these rules, absence of counsel will not be good cause for a continuance or postponement of the cause when called for trial, except it be allowed in the discretion of the court, upon cause shown or upon matters within the knowledge or information of the judge to be stated on the record.

End

Plain-English Summary

Rule 253 discourages last-minute delay based on a lawyer's absence. Except as other rules provide, the absence of counsel is not good cause for a continuance or postponement when a case is called for trial. The court may allow it in its discretion, but only on cause shown or on matters within the judge's knowledge or information that are stated on the record.

Frequently Asked Questions

Can you get a continuance because your lawyer is unavailable in Texas?

Not as a matter of right. Rule 253 makes absence of counsel a discretionary ground only, allowed on cause shown or on matters the judge states on the record.

Are there exceptions to Rule 253's limit on continuances for absent counsel?

Yes. Rule 253 opens with 'except as provided elsewhere in these rules,' which leaves room for other rules — like the legislative continuance in Rule 254 — to grant a continuance for an absent attorney that Rule 253 alone would not allow.

Can a Texas judge grant a continuance for absent counsel without a written motion?

Yes, in narrow circumstances. Rule 253 lets the court act on matters within its own knowledge or information, stated on the record, rather than requiring a formal motion.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 253), 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: absence of counselcounsel unavailablecontinuance for absent attorneylawyer can't attend trialTRCP 253