Seventeenth Judicial Circuit of Florida, Broward County Adjournment & Extension Requirements
90 rules from official source documents
Rules 51 to 90, page 2 of 2
Requirements for requesting adjournments, extensions, and continuances.
CRITICAL
After a 'LAST' continuance is granted, the parties must be trial ready at the next calendar call and no further continuances will be granted without good cause.
Depending on factors (including but not limited to; the age of the case, the complexity of the case, the number of prior continuances, and what work remains to have the case trial ready), the Court may grant a “LAST” continuance. If a last continuance is granted, regardless of to whom the continuance is charged, the parties must be trial ready at the next calendar call date. WITHOUT GOOD CAUSE NO FURTHER CONTINUANCES WILL BE GRANTED.
CRITICAL
When a written continuance is granted the attorney must notice the Defendant, and if denied the parties must appear at calendar call.
If a written continuance is granted, it is the attorney's responsibility to notice the Defendant. If a written continuance is denied, the parties must appear at calendar call.
CRITICAL
All motions to continue trial must be set for a UMC hearing; witness issues alone are insufficient grounds.
ALL motions to continue trial must be set for a hearing on UMC. Please Note: witness issues alone are insufficient grounds to continue trial.
CRITICAL
Ex parte motions may not be used for requests to extend time (Local Rule 10A discovery orders).
If there has been a request for an extension of time, an ex parte motion may not be utilized.
CRITICAL
Before filing a Motion for Continuance (when both parties are represented), counsel must contact the opposing party about any objection, and the motion must state whether it is opposed or unopposed.
If both parties are represented by counsel, you must contact the opposing party to see if they have any objection to a continuance before filing a Motion for Continuance. The Motion for Continuance must indicate whether the motion is opposed or unopposed by the other party or parties to the case.
CRITICAL
Trial continuances will only be considered for good cause on written motion prior to trial, with party consent per Rule 12.460 and Rule 2.545(e).
In accordance with the Uniform Pretrial Order, continuances will only be considered for good cause on written motion prior to trial. Also, please comply with Fla. Fam. L. R. P. 12.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545 (e) regarding party consent.
CRITICAL
Continuance motions require contacting the opposing party in advance; agreed continuances are submitted electronically as agreed orders, and contested continuances must be set for UMC hearing.
The moving party must contact the opposing party to determine if they object to the Motion for Continuance in advance of any hearing(s). If the continuance is agreed to by all parties, including the client of the moving party, please submit the agreed order electronically. The Judge will review it and determine whether or not it is approved. If any party objects to the continuance, the motion must be set for hearing on the Court's UMC.
CRITICAL
Ex parte motions may not be used to request extensions of time; the motion must be attached as a supporting document.
If there has been a request for an extension of time, an ex parte motion may not be utilized. Attach the motion as a supporting document.
CRITICAL
Court-set CMCs cannot be canceled or rescheduled without prior court order, and continuances must be set on Motion Calendar.
Case management conferences that are set by the Court, cannot be canceled or rescheduled without prior Court order. Timely filed continuances must be set on Motion Calendar, no exceptions.
CRITICAL
Emails or calls to chambers requesting a continuance are not permitted, and agreed continuances are not automatically accepted.
Emails or calls to the Judge's chambers asking for a continuance are not permitted. Agreed Continuances are NOT automatically accepted by the Court.
CRITICAL
Motions to continue trial must be set on UMC at least seven business days before trial and must include the client's consent.
Any motion to continue trial must be set on UMC at least seven (7) business days prior to the scheduled trial date, and must include the client’s consent to same.
CRITICAL
Continuance motions (from either Defense Counsel or the State) must be submitted with an attached order by the Thursday before Calendar Call, and only emergency written motions will be addressed after that.
Motions for Continuance must be submitted to the Court with an attached order on or before the Thursday PRIOR to Calendar Call. Only emergency written motions will be addressed thereafter. This applies to both Defense Counsel and State Attorney Requests.
CRITICAL
Agreed orders for extension of time may not exceed 20 days.
AGREED ORDERS FOR EXTENSION OF TIME MAY NOT EXCEED 20 DAYS
CRITICALCriminal cases
Continuance motions must be submitted with an attached order by the Wednesday before Calendar Call; only emergency written motions are addressed afterward (applies to both defense and State).
Motions for Continuance: must be submitted to the Court with an attached order on or before the Wednesday PRIOR to Calendar Call.
CRITICALCriminal cases
Before filing a motion to continue, counsel must confer with opposing counsel and state the conferral results in the motion.
Counsel is required to confer with opposing counsel prior to filing a motion to continue and must state in the motion the results of the conferral.
CRITICAL
Continuance requests must be submitted at least five days before the scheduled court date, and the motion must be signed by the requesting party.
A request for continuance must be submitted at least five days prior to the scheduled court date. The motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
CRITICAL
Written continuance requests must be filed with an attached order by the Wednesday before calendar call; only emergency written motions are addressed after that, and the rule applies to both defense counsel and state attorneys.
All written requests for continuance must be filed and provided to the Court, with an attached order, on or before the Wednesday before the calendar call. Only emergency written motions will be addressed after that. This applies to requests from both defense counsel and state attorneys.
WARNINGCivil cases
If your matter is resolved, please timely cancel your hearing online in the same manner in which it was set. When possible, please cancel by 3:00 p.m. on the day prior to the hearing.
If your matter is resolved, please timely cancel your hearing online in the same manner in which it was set. When possible, please cancel by 3:00 p.m. on the day prior to the hearing.
WARNINGCriminal cases
Should an evidentiary hearing be cancelled, please provide all parties adequate notice so that the time slot can be used for another case and not wasted.
Should an evidentiary hearing be cancelled, please provide all parties adequate notice so that the time slot can be used for another case and not wasted.
WARNING
Hearing cancellations must be requested in writing to the Judicial Assistant at least 2 days before the hearing.
If you need to cancel a hearing you will need to contact the JA in writing at least 2 days prior to the hearing.
WARNING
Trials may be canceled upon case resolution once a Final Judgment is uploaded through CMS with notice to the Court via the divisional email.
Trials may be canceled upon resolution of the case and a Final Judgment being uploaded through CMS with notice to the Court through the divisional e-mail. Please cancel as soon as is reasonably possible to allow other litigants to use that time.
WARNINGCriminal cases
Continuance motions are scheduled for a hearing when a party objects or depending on the type of hearing.
Motion for Continuance may also be scheduled for a hearing, when one party objects or depending on the type of hearing being asked to be continued.
WARNING
Status hearing reschedules do not require a motion; an email to chambers requesting the reschedule with reasons is sufficient.
Status hearings do not require a motion; instead, an email requesting a reschedule, with reasons, should be sent to chambers.
WARNING
If a written continuance is granted the attorney must notify the parties; if denied, the parties must appear at the calendar call unless the court orders otherwise.
If a written continuance is granted, the attorney is responsible for notifying the parties. If a written continuance is denied, the parties must appear at the calendar call unless the court orders otherwise.
WARNING
Continuance motions are highly discouraged after trial is set and must be supported by good cause and documentation.
Motions for Continuance are highly discouraged once Trial has been set and must be supported by good cause and documentation
WARNING
Continuances at calendar call should be requested by written motion stating whether the client is in a program (with completion date), working on a plea, or ready for trial.
If you want a Continuance, a written Motion is preferred. In the Motion tell the Court if your client is in a program and completion date, working on a plea or ready for Trial.
WARNING
Continuance motions after trial has been set are highly discouraged and must be supported by good cause and documentation.
Motions for Continuance are highly discouraged once Trial has been set and must be supported by good cause and documentation.
WARNING
At calendar call, continuance requests should be made by written motion stating whether the client is in a program (with completion date), working on a plea, or ready for trial.
If you want a Continuance, a written Motion is preferred. In the Motion tell the Court if your client is in a program and completion date, working on a plea or ready for Trial.
WARNING
UMC hearings must be cancelled through CMS by the setting attorney, who must notify all parties and the Court.
UMC hearings must be cancelled through CMS by the attorney who set the hearing. Counsel must ensure all parties are notified of the cancellation, including the Court.
WARNING
Special-set hearings may only be canceled by immediately emailing the Judicial Assistant with the reason and obtaining court approval.
Should any scheduled special-set hearing become unnecessary, the scheduling party shall immediately send an email to the Judicial Assistant explaining the reason for the desired cancellation. If approved by the Court, the Judicial Assistant will cancel the hearing (see Local Rule 11)
WARNING
Canceling a hearing requires both online cancellation and direct notification to the Judicial Assistant.
Please keep in mind that the Judge and Judicial Assistant are not alerted when hearings are canceled through the on-line scheduling system, therefore you must not only cancel through the online system, but you must also contact the Judicial Assistant to notify her of the cancellation.
WARNING
Motion calendar hearings must be canceled promptly through the online scheduling system and only by the attorney who set them.
If you are canceling a Motion Calendar Hearing, please cancel it through the on-line scheduling system as soon as possible in order to allow someone else to schedule their hearing for that time slot. These hearings may only be canceled by the attorney that set the hearing.
WARNING
If your matter is resolved, please timely cancel your hearing online in the same manner in which it was set. Where possible, please cancel by 3:00 p.m. on the business day prior to the hearing.
If your matter is resolved, please timely cancel your hearing online in the same manner in which it was set. Where possible, please cancel by 3:00 p.m. on the business day prior to the hearing.
WARNINGCivil cases
Best practices include immediately filing and requesting a hearing date upon any motion to continue as soon as grounds for such a motion come to light. Parties should exercise due diligence, caution, and candor in representing affirmative readiness for trial; if there are contingencies potentially affecting a party's prospective readiness for trial, these matters should be discussed as soon as practicable and a motion for continuance should be set on UMC prior to the Calendar Call.
Best practices include immediately filing and requesting a hearing date upon any motion to continue as soon as grounds for such a motion come to light. Parties should exercise due diligence, caution, and candor in representing affirmative readiness for trial; if there are contingencies potentially affecting a party's prospective readiness for trial, these matters should be discussed as soon as practicable and a motion for continuance should be set on UMC prior to the Calendar Call.
WARNING
A motion to continue does not itself grant the continuance; it must be heard timely, with agreed continuances submitted electronically as agreed orders.
Please note that a Motion to Continue does not operate as an Order Granting same. These matters must be heard in a timely manner. If the continuance is AGREED to by all parties, submit an agreed order electronically. Please set these motions promptly if the parties are unable to agree, or the court directs that hearing be set.
WARNINGCriminal cases
Continuance motions after trial is set are highly discouraged and must be supported by good cause and supporting documentation.
Motions for continuance are highly discouraged once trial has been set and must be supported by good cause and documentation if needed to support the movant’s position.
WARNING
If the motion needs to be reset or canceled, the setting attorney has an obligation to contact the Court to give as much advance notice as possible. If the case is to be pled rather than the motion is heard, the setting attorney should advise the Court as soon as practicable.
If the motion needs to be reset or canceled, the setting attorney has an obligation to contact the Court to give as much advance notice as possible. If the case is to be pled rather than the motion is heard, the setting attorney should advise the Court as soon as practicable.
WARNING
If a written continuance is granted the attorney must notify the Defendant; if denied, the parties must appear at Calendar Call.
If a written continuance is granted, it is the attorney's responsibility to notify the Defendant. If a written continuance is denied, the parties must appear at the Calendar Call.
INFOCivil cases
Disputes regarding a trial date must be set on the Court's uniform motion calendar.
Most cases will be set for trial at the initial case management conference. Any disputes regarding a trial date are to be set on the Court's uniform motion calendar.
INFOCivil cases
The court has no objection to short extensions of certain Uniform Trial Order deadlines to which all parties agree.
The parties shall continue to comply with the Uniform Trial Order. If the parties are agreeable to extending certain deadlines for a short period of time, the court has no objection to the same.
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