Procedural Question - Continuances

[blog]

Texas

Defendant sets two motions for hearing
Plaintiff files responses
At the hearing, Defendant decides on his own to remain silent on one motion

Can Defendant later argue he simply chose to "continue" his motion for another time? Or did his failure to address his motion and challenge Plaintiff's filed response at the hearing waive his right to litigate that specific issue any further?

Can a party continue a motion they set for hearing without seeking leave of the court prior to or during the hearing?

 

[tranquility]

Texas

Defendant sets two motions for hearing
Plaintiff files responses
At the hearing, Defendant decides on his own to remain silent on one motion

Can Defendant later argue he simply chose to "continue" his motion for another time? Or did his failure to address his motion and challenge Plaintiff's filed response at the hearing waive his right to litigate that specific issue any further?

Can a party continue a motion they set for hearing without seeking leave of the court prior to or during the hearing?

No, there is ample litigation one must assert one's rights. They do not default.

 

[blog]

No, there is ample litigation one must assert one's rights. They do not default.

Thanks, though I am a bit confused with the response

In this instance, can defendant still seek a hearing on the motion?