On August 24, 2012 a
Motion,Ex Parte
was filed
involving a dispute between
Vaughan, Daniel & Karen,
and
Vaughn, Aaron,
Vaughn, Lacy,
for Modify - Custody
in the District Court of Smith County.
Preview
N0. 12-2355-1) S’Mn‘j—i..-.--.
BY
IN THE INTEREST 0F § IN THE DISTRICT COURT
§
TRISTAN VAUGHAN, TANNER § 321 JUDICIAL DISTRICT
VAUGHAN, TARIN VAUGHAN AND §
TRINITY VAUGHAN §
CHILDREN g SMITH COUNTY, TEXAS
JOINT MOTION FOR CONTINUANCE
This Motion for Continuance is brought by LACY VAUGHAN and AARON
VAUGHAN, Respondents, who show in support:
1. This case ispresently set for a bench trial to begin on January 14, 2013.
2. In regard to deposition testimony, discovery has not been completed. The final
depositions were completed on December 18, 201 3 by agreement.
3. As 0f today’s date, “016%;ésggn transcripts have been completed and delivered t0
the parties for review and certification.
4. The appropriate time must be allowed for the deposition certification 0f the parties
pursuant t0 TRCP 203.
5. Without the Certified Deposition Transcripts itwill prevent Movants from being
able to properly prepare for trial, to present impeachment evidence during trial, to render the most
effective counsel and to provide the most zealous defense in a fundamental rights case where the
termination 0f the Movant’s parental rights are at issue.
6. Beginning the trial with no set dates for completion, in bits and piece and starts
and stops will hinder the ability 0f Movants’ counsel to effectively represent their clients and is
burdensome to the witnesses.
7. This continuance is not sought solely for delay but that justice may be done.
LACY VAUGHAN and AARON VAUGHAN pray that the Coun grant the Motion for
Continuance.
Respectfully Submitted,
PETER G MILNE, P.C.
327 W. Houston St.
Tyler, TX 75702
Tel: (903) 593-9300
F 5(90 )593-9325
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By: ’fi” '
PETER G. MILNE
State Bar N0. 240371 18
Attorney for LACY VAUGHAN
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CAMERON CASTLEBERRY
State Bar No.24063305
Attorney for AARON VAUGHAN
Verification
The undersigned states under oath: "I am the attorney for the movant in the foregoing
Motion for Continuance. I have read the motion. The statements contained in this motion are
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within my personal knowledge and are true @ct."
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Verification
The undersigned states under "I am AARON
oath: the attorney for the VAUGHAN. I
have read the motion. The statements contained in this motion are within my personal knowledge
and are true and correct.“
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CAMERON CASTLEBERRY
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Certificate 0f Conference
I certify that today I conferenced with opposing counsel with regard to this motion.
Opposing counsel Alicia Barkley and Mike Hogan are opposed to this motion. Attorney Ad Litem,
Matt Thigpen is neither opposed nor unopposed.
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PETER G.
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Certificate 0f Service
Icertify that a true copy of the above was served on each attorney 0f record 0r party in
accordance with the Texas Rules of Civil Procedure on g0 ,2013
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PETERG MILNE
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Document Filed Date
December 20, 2013
Case Filing Date
August 24, 2012
Category
Modify - Custody
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N0. 12-2355-1) S’Mn‘j—i..-.--. BY IN THE INTEREST 0F § IN THE DISTRICT COURT § TRISTAN VAUGHAN, TANNER § 321 JUDICIAL DISTRICT VAUGHAN, TARIN VAUGHAN AND § TRINITY VAUGHAN § CHILDREN g SMITH COUNTY, TEXAS JOINT MOTION FOR CONTINUANCE This Motion for Continuance is brought by LACY VAUGHAN and AARON VAUGHAN, Respondents, who show in support: 1. This case ispresently set for a bench trial to begin on January 14, 2013. 2. In regard to deposition testimony, discovery has not been completed. The final depositions were completed on December 18, 201 3 by agreement. 3. As 0f today’s date, “016%;ésggn transcripts have been completed and delivered t0 the parties for review and certification. 4. The appropriate time must be allowed for the deposition certification 0f the parties pursuant t0 TRCP 203. 5. Without the Certified Deposition Transcripts itwill prevent Movants from being able to properly prepare for trial, to present impeachment evidence during trial, to render the most effective counsel and to provide the most zealous defense in a fundamental rights case where the termination 0f the Movant’s parental rights are at issue. 6. Beginning the trial with no set dates for completion, in bits and piece and starts and stops will hinder the ability 0f Movants’ counsel to effectively represent their clients and is burdensome to the witnesses. 7. This continuance is not sought solely for delay but that justice may be done. LACY VAUGHAN and AARON VAUGHAN pray that the Coun grant the Motion for Continuance. Respectfully Submitted, PETER G MILNE, P.C. 327 W. Houston St. Tyler, TX 75702 Tel: (903) 593-9300 F 5(90 )593-9325 L/xL «3f ,/ By: ’fi” ' PETER G. MILNE State Bar N0. 240371 18 Attorney for LACY VAUGHAN u .{7 By; 7‘ _ d. l. CAMERON CASTLEBERRY State Bar No.24063305 Attorney for AARON VAUGHAN Verification The undersigned states under oath: "I am the attorney for the movant in the foregoing Motion for Continuance. I have read the motion. The statements contained in this motion are K‘- within my personal knowledge and are true @ct." \c {:V i / ./ {‘7 "I } PETER G. MILNE SIGNED under oath before me on ‘13 3Q \3 . I m. .<—~ ’ a r; K t. \ Iv "M . t x m"" .\. “?‘W'Ww, <1. - ‘ 60 “gh —) ~ Kym rxcg‘zftz.‘ LYNN GADoIs Now), xuhhc’ State 0f Tegas I- Notary Public. State of Texas : i tfipqfiig My Commission Expires a, or ‘ "m m“ December 22. 2014 Verification The undersigned states under "I am AARON oath: the attorney for the VAUGHAN. I have read the motion. The statements contained in this motion are within my personal knowledge and are true and correct.“ .--'.7 -' I CAMERON CASTLEBERRY SIGNED under oath before me on \‘9 LE k ‘3 . I 4* a f n... ‘5‘,- "éfi:,_ KmA LYNN moons f \ k\&\0; 7\N\N\M« . 4... .. -§ 2 Notary Public, State of Texas MY Commission Expires (\CbNoiA \_ 'a r Q‘ O‘I $4" "t é Notary Plbllc, State Of Tex '0. :1. n‘ December 22, 2014 Certificate 0f Conference I certify that today I conferenced with opposing counsel with regard to this motion. Opposing counsel Alicia Barkley and Mike Hogan are opposed to this motion. Attorney Ad Litem, Matt Thigpen is neither opposed nor unopposed. Q .0 PETER G. V» / (I MILNE . k L. f" -- m...“ Certificate 0f Service Icertify that a true copy of the above was served on each attorney 0f record 0r party in accordance with the Texas Rules of Civil Procedure on g0 ,2013 veer V. PETERG MILNE V