In Texas, there are three basic phases of a civil lawsuit: Pretrial, Trial, and Post-Trial. A “hearing” usually refers to a formal proceeding before a court to resolve a certain issue before a full “court trial,” during which a judge will both decide the facts of a case and apply the law. This post in the Civ Pro series will address questions frequently asked by pro se (self-represented) litigants about setting a hearing for their civil case. Generally, as a pro se litigant, you will be responsible for setting the hearing for your case. The court will not automatically set a hearing for you or notify you of when a hearing has been set.

When can I set my hearing?

After you file your case, call the court coordinator to set a hearing date. When you file the starting forms for your case, you will receive a court number from the clerk’s office. Search online or call the clerk’s office to find the contact information for that court’s coordinator.

If your case is contested (the other party is against it), the hearing date must give the other party a reasonable amount of time to respond to the case. Some cases allow more time for the respondent to file an answer to your petition or motion before you can set your hearing. For example, for most divorces in Texas, you must wait at least sixty (60) days from the day you file your petition before you can set your hearing.

For further information, we recommend the following articles from TexasLawHelp.org:

Do I have to notify the other party about the hearing date?

Yes. The petitioner must notify the respondent(s) of a case of any hearings that are set for the case, even if all parties agree on all the facts of the case. Do this by filing a Notice of Hearing form with the clerk’s office and serving it to the respondent(s). You can find examples of a Notice of Hearing on TexasLawHelp.org.

According to TexasLawHelp.org: “The law says you must get at least 45 days’ notice of a final hearing, at least 10 days’ notice of an enforcement hearing, and at least three days’ notice of most other hearings.”

How do I know if a hearing was set by the other party?

You should receive a Notice of Hearing from the other party at least three days before the hearing date. You may also check with the court coordinator to see if a hearing has been set. Have your case number ready and call the court coordinator to see if a hearing date has been set. If no hearing has been set yet, check to see if there are any required waiting periods for your case, and once these waiting periods have passed, check back with the court coordinator often.

What if I can’t make the hearing date or didn’t receive enough notice?

If you need more time to get ready for a hearing, you may able to ask for a continuance. If you would like to ask for a continuance, you will need to file a Motion for Continuance with the court, and if the other party does not agree with your request for a continuance, all parties may need to attend a “continuance hearing” for the judge to either approve or deny the continuance by signing an Order on Motion for Continuance. Forms for a Motion and Order for Continuance are available on TexasLawHelp.org.

If you just found out about a hearing and did not receive at least three days’ notice, it is important to still attend the hearing. You may ask for a continuance at the hearing for the case by bringing a Motion for Continuance and Notice of Hearing form to the hearing. The judge may or may not grant the continuance and reschedule the hearing for the case for a later date by signing an Order on Motion for Continuance.  

If you think you will be unable to appear at your hearing in person, you may be able to attend your hearing by telephone. It is important to request to appear by telephone ahead of time. Otherwise, the court will assume that you will attend the hearing in person.

Can I set a hearing for my case if the respondent has been served but has not filed an answer?

In uncontested cases (cases that either can be finished by agreement or by default), you may be able to set a hearing and finish the case without the other party in attendance. This can be done by filing a Motion to Set Hearing. Review this article from TexasLawHelp.org for more information about setting and attending a hearing for an uncontested case.