1. (a) Contents. Motions for continuance shall include:

   1. (1) a statement of the number of motions for continuance previously filed in the case by each party;
   2. (2) the specific reason for the continuance;
   3. (3) at least three proposed dates for the rescheduled proceeding, or a deadline by which the movant will confer with the non-moving parties to submit three agreed proposed dates; and
   4. (4) a certificate of conference that complies substantially with one of the examples set out in §155.305(b)(2) of this title (relating to Motions, Generally).
2. (b) Date of filing. Motions for continuance shall be filed no later than five days before the date of the proceeding, except, if the judge finds a good reason has been demonstrated, the judge may consider a motion filed after that time or presented orally at the proceeding.

3. (c) Date of service. Motions for continuance shall be served in accordance with §155.103 of this title (relating to Service of Documents on Parties). However, a motion for continuance that is filed five days or less before the date of the proceeding shall be served:

   1. (1) by personal or facsimile delivery on the same day it is filed with SOAH, if feasible; or
   2. (2) if same-day service is not feasible, by overnight delivery on the next business day.

4. (d) Responses to written motions for continuance. Responses to written motions for continuance shall be in writing, except a response to a written motion for continuance filed on the date of the proceeding may be presented orally at the proceeding. Responses to motions for continuance shall be filed on the earlier of:

   1. (1) three days after receipt of the motion; or
   2. (2) the date and time of the proceeding.
5. (e) Consequences of failure to appear when a motion for continuance has not been ruled on. A case is subject to default or dismissal for a party's failure to appear at a scheduled hearing in which a motion for continuance has not been ruled on by the judge, even when the motion is agreed or unopposed.

Source Note:The provisions of this §155.307 adopted to be effective November 26, 2008, 33 TexReg 9451.