What Causes Them and What You Can Do When You Encounter Them
When you’re involved in a legal dispute, you typically want matters resolved as soon as possible, particularly if you’re going to trial. Chances are, if that’s happening, you’ve already spent months or years trying to resolve your differences. Unfortunately, even when you have a scheduled trial date, there can be delays, dragging the process out even further.
What are the typical causes of a trial delay in a Texas court? What can you do when you’re faced with a potential postponement of trial proceedings?
Common Causes of Trial Delay in Texas
Your trial date may be delayed or pushed back for a variety of reasons:
- Court backlog—One of the most common reasons for rescheduling a trial is due to the high volume of cases or because a trial scheduled before yours took longer than anticipated. Once a trial starts, it typically continues until the matters are resolved through a verdict or settlement.
- Case complexity—Whether due to complicated or challenging legal issues, multiple parties, or the need for extensive discovery (gathering of evidence), your case may not be ready for trial at the originally scheduled date.
- Witness availability—If key witnesses are unavailable at the time of trial, whether because of illness, travel problems, or other factors, the court may postpone proceedings to ensure their appearance at trial.
- Party request—It’s not uncommon for either side to strategically ask the court for a continuance, ostensibly to gather more evidence or otherwise prepare for trial. Delays may also be instituted to obtain leverage in settlement negotiations. A party also may request a delay in response to a family or medical emergency.
What Can You Do About a Delay in Trial Proceedings?
Your options when your trial has been delayed will depend, in part, on whether you’re involved in a criminal prosecution or civil lawsuit. The Sixth Amendment to the U.S. Constitution, and Article I, Section 10, of the Texas Constitution, both guarantee the right to a speedy trial, but that guarantee applies only to criminal trials. Because the right to a speedy trial is not automatic, a defendant must affirmatively assert the right. If it’s in your best interest, you should do this as early as possible.
Even though the Constitution does not guarantee the right to a speedy trial in civil matters, you can still file a motion with the court to schedule a trial in a timely manner. To succeed, you’ll need to show that the delay is unnecessary and has the potential to be harmful to you and/or your case. If opposing counsel requests a delay or continuance, you can object. Furthermore, your attorney can file a motion to dismiss but must show that the delay will cause you harm.
Contact The Loftin Firm for Experienced Trial Counsel
Good results don’t just happen. They’re the product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter century, Trey Loftin has represented individuals and businesses in a wide range of trial proceedings.
As a former judge, he has a thorough understanding of the trial process and of effective trial practices. He can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients Across Parker County, Texas, Including Weatherford,
Willow Park, Aledo, and Annetta, and Throughout Fort Worth