Back to Main Page / Back to List of Rules
Rule 254. Attendance on Legislature
In all civil actions pending in any court of this State at any time the legislature is in session, it shall be sufficient ground for a continuance of such cause if it shall appear to the court, by affidavit, that any party applying for such continuance, or any attorney for any party to such cause, is a member of either branch of the legislature, and is in actual attendance on a session of the same, and that the presence of party or attorney is necessary to a fair and proper trial of the cause. Where a party to any cause is a member of the legislature his affidavit need not be corroborated but where a continuance is sought by reason of the fact that an attorney for any party is a member of the legislature such affidavit shall be made by both the party and his said attorney. On the filing of such affidavit the court shall continue the cause until ten days after the adjournment of the legislature and such affidavit shall be proof of the necessity for such continuance, and such continuance shall be deemed one of right and shall not be charged against the movant upon any subsequent application for continuance.
Source: Acts 1929, 41st Leg., p. 17, ch. 7, appearing in Vernon's Statutes as Art. 2168a, with minor textual change.
Oct. 29, 1940, eff. Sept. 1, 1941.
June 10, 1980, eff. Jan.1 1981