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Rule 745. Trial Postponed

TEXT

For good cause shown, supported by affidavit of either party, the trial may be postponed not exceeding six days.

Source: Art. 3983, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941. Repealed by order of April 15, 2013, eff. Aug. 31, 2013.

ADVISORY OPINIONS

Question: Where the trial of a suit for forcible entry and detainer pending in the justice court is postponed by agreement of counsel for more than six days without a supporting affidavit showing good cause for the postponement as required by Rule 745, does such a postponement cause the case to become dormant and prevent the Justice from proceeding with the trial thereof at a later date?

Answer: No. It is the opinion of the Subcommittee that the provisions of Rule 745 providing that the case may be postponed not exceeding six days on a showing of good cause supported by affidavit are to enable either party who desires a speedy trial to obtain same; but the provisions of said Rule may be waived by the agreement of all parties, and the waiver thereof will not affect the jurisdiction of the justice over the case nor his right to proceed with the trial thereof at any proper time on due notice to the parties.

Rule 745 was taken without any change from Article 3983, and it had been held under said Article that the postponement of the case beyond the six-day period without affidavit showing good cause did not affect the jurisdiction of the justice court to try the case subsequently. See Calhoun v. Kirkpatrick, 155 S.W. 686 (Tex. Civ. App.-San Antonio 1913).

8 Tex. B.J. 426 (1945).