In re John Sakyi
The fact that you don’t want to conduct your bench trial via videoconference in order to maintain social distancing is not a valid basis for continuance. In this mandamus proceeding arising out of a divorce case, the Dallas Court of Appeals found that the trial court abused its discretion in denying the husband’s motion for continuance based on his need to conduct additional discovery into whether his purported wife was still married to another man at the time of their wedding. But the Court rejected the husband’s other basis for requesting a continuance—that he did not consent to participate in the bench trial via videoconference. He also expressed concern about his counsel’s inability to talk to him without violating social distancing recommendations.