Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter) Adjournment & Extension Requirements

The proper motion must be filed with the Clerk’s office.

2. The proper motion must be filed with the Clerk’s office.

The party must either schedule a hearing on the continuance motion or obtain all parties’ consent; approval by the Court is not guaranteed.

3. You must schedule a hearing on your motion or have consent from all parties to continue. There is no guarantee the Court will continue the hearing or trial.

After the new date is coordinated, the party must contact the Judicial Assistant to place the continuance on the Court’s calendar.

5. Once the date is coordinated, you must contact the Judicial Assistant to actually put it on the calendar.

A request to continue a hearing or trial must be emailed to the Judicial Assistant.

1. You must contact the Judicial Assistant at tvinson@circuit5.org to notify the Court of the request to continue.

A continuance motion must be set for hearing or have consent from all parties.

You must schedule a hearing on your motion or have consent from all parties to continue.

A hearing generally may be cancelled only after settlement, filing a notice withdrawing the motion, or submitting an agreed order.

As a general rule, hearings may only be cancelled if the case has settled, a Notice of Withdrawal of the Motion has been filed, or an Agreed Order has been submitted to the Court.

A request to continue a hearing or trial requires filing the proper motion with the clerk.

The proper motion must be filed with the Clerk’s office.

Unopposed continuance motions are not accepted; a written stipulation may be accepted for good cause upon at least three business days' notice, and any granted continuance requires an Order of Continuance.

NO Unopposed Motions will be accepted. A written stipulation MAY be accepted for good cause and with reasonable notice (no less than 3 business days). If a continuance is granted, the moving party shall provide an Order of Continuance to the Court.

An extension motion based on collateral litigation must include the collateral case number and jurisdiction.

If your extension is based upon collateral litigation (wrongful death, etc), please include the case number and jurisdiction in your motion.

A continuance may be granted only when the requesting party establishes good cause.

Continuances will not be granted without good cause.

Witness unavailability does not justify a trial continuance unless the subpoenas were issued and delivered for service at least 12 days before trial.

Inability to require attendance of witnesses at trial shall not be the basis for continuance of the trial unless witness subpoenas have been issued and delivered to the Sheriff or other qualified process server for service at least twelve (12) days prior to date of trial.

Every continuance motion must comply with Florida Rule of Civil Procedure 1.460 and be signed by the requesting party.

ANY MOTION TO CONTINUE MUST COMPLY WITH FLORIDA RULE OF CIVIL PROCEDURE 1.460, INCLUDING REQUIREMENT OF SIGNATURE BY THE PARTY REQUESTING CONTINUANCE.

After a case is set for trial, a continuance may be granted only for good cause, and lack of preparation is not a sufficient ground.

Once the case is set for trial, no continuances may be granted except for good cause shown. Lack of preparation is not grounds to continue the case.

A motion to continue trial must be filed within 14 days after grounds for the motion first appear.

Any motion to continue trial must be filed within 14 days after the appearance of grounds to support such motion.

The motion must specifically state the factual basis for the continuance, the proposed date the case will be ready for trial, and the proposed action and schedule needed to meet that date.

The motion shall state with specificity: 1. the factual basis of the need for the continuance. 2. the proposed date by which the case will be ready for trial; and 3. the proposed action and schedule that will enable the movant to be ready for trial by the proposed date.

A continued trial must be scheduled for the earliest practicable date in light of the case's needs and the court's resources.

If the trial is continued, the new trial must be set for the earliest date practicable, given the needs of the case and resources of the court.

A continuance motion must ordinarily be written and signed by the requesting party, except that an oral motion may be made at trial and good cause excuses the signature.

A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance.

A continuance motion must state all facts supporting entitlement to the requested continuance.

The motion shall state all of the facts that the movant contends entitle the movant to a continuance.

A continuance motion based on witness unavailability must state when the witness is expected to become available.

If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available.

A party may not obtain a continuance based on a lack of diligence in preparing for trial.

Lack of due diligence in preparing for trial is not grounds to continue the case.

The requesting party or counsel must make reasonable efforts to confer about the continuance, and the other party or counsel must cooperate in responding to and holding that conference.

The moving party or counsel must make reasonable efforts to confer with the non-moving party or opposing counsel about the need for a continuance, and the nonmoving party or opposing counsel must cooperate in responding and holding a conference.

Every continuance motion, including an agreed motion, must provide specific required information.

All motions for continuance, even if agreed, must state with specificity:

A continuance motion must specifically state the basis for the continuance and when that basis became known to the movant.

(1) the basis of the need for the continuance, including when the basis became known to the movant:

A continuance motion must state whether it is opposed.

(2) whether the motion is opposed:

A continuance motion must identify the actions and specific dates needed to prepare for trial, including confirmation of when required third-party witnesses or experts will be available.

(3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available and

A continuance motion must state the proposed date the case will be ready for trial and whether all parties agree to that date.

(4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.

If the required continuance conference did not occur, the motion must explain the dates and methods used to attempt conferral.

If the required conference did not occur, the motion must explain the dates and methods of the efforts to confer.

The court must state the factual basis for ruling on a continuance motion either on the record or in a written order.

When ruling on a motion to continue the court must state either on the record or in a written order, the factual basis for the ruling.

An order granting a continuance must set either a new trial period or a case management conference.

An order granting a motion to continue must either set a new trial period or set a case management conference.

The continuance order must specify what further activity is or is not permitted.

The order must reflect what further activity will or will not be permitted.

A lawyer may not request rescheduling, cancellations, extensions, or postponements without legitimate reasons or solely to delay proceedings or obtain an unfair advantage.

A lawyer must not request rescheduling, cancellations, extensions, and postponements without legitimate reasons or solely for the purpose of delay or obtaining unfair advantage. (See R. Regulating Fla. Bar 4-4.4).

The court allows continuances only when good cause is shown.

The Court will apply a firm continuance policy allowing continuances only for good cause shown.

A party seeking to continue any deadline in the order must file a continuance motion governed by the Motion Practice Administrative Order.

A. Motion and Hearing Required. Any party seeking a continuance of any deadlines in this Uniform Trial Order must file a motion. This motion falls under Motion Practice Administrative Order.

A continuance motion must state the effect, if any, that continuing a deadline will have on all remaining deadlines.

B. Motion Must Address Impact of Continuance on Other Deadlines. Any motion seeking a continuance of any deadlines in this Uniform Trial Order must indicate what, if any, impact the continuance of that deadline would have on all other remaining deadlines.

All continuance requests must be heard and resolved by a judge.

All motions for continuance should be heard and resolved by a judge.

Continuance motions must be written and signed by the requesting party, except that an oral continuance request may be made at trial and good cause may excuse the requesting party's signature.

C. All motions for continuance shall be in writing unless made at trial and, except for good cause shown, shall be signed by the party requesting the continuance.

A continuance motion in a priority case must identify the case's priority status and explain the motion's effect on the case's progress.

D. All motions for continuance in priority cases shall clearly identify such priority status and explain what effect the motion will have on the progress of the case.

All continuance motions must be signed by their respective clients.

E. All continuance motions shall/will be signed but their respective clients.

All continuance motions must comply with the Meet and Confer Administrative Order and SC 24-662.

F. All continuance motions shall/will comply with Meet and Confer Administrative Order, as well as SC 24-662 as well as SC 24-662.

A request to change a scheduled date because of a conflict must be filed within 10 days after the conflict is discovered.

Requests for changes to dates set due to conflicts should be filed within 10 days of discovery of a conflict.

When a proposed deadline extension would affect a later case-management deadline, the parties must seek an amendment to the order rather than file an extension motion.

If extending an individual case management deadline may affect a subsequent deadline in this Order, parties must seek an amendment of the Order, rather than submitting a motion for extension of an individual deadline.

The parties must strictly adhere to the scheduled deadlines unless a court order changes them, and extensions or deadline modifications must comply with Florida Rule of Civil Procedure 1.200(e)-(h).

The above-referenced schedule of deadlines will be strictly adhered to by the parties unless changed by court order. Extensions of Time or Modification of Deadlines will only be made pursuant to, and in accordance with the requirements of, 1.200(e)-(h), Florida Rules of Civil Procedure.

A motion to continue a previously set hearing must state specific grounds, acknowledge client consent, and identify opposing counsel's position.

Motions to continue any previously set hearing must set forth specific grounds for the request, must include acknowledgement of client consent to bring forth a motion to continue a hearing and shall also include the position of opposing counsel as to the motion.

Trial continuance motions are disfavored and may be granted only for good cause.

As per Fl Civ Pro Rule 1.460, motions for continuance of a trial are disfavored and should rarely be granted and then only for good cause.

A motion to continue a trial must be filed within 14 days after the supporting grounds first arise.

Any motion to continue a trial must be filed within 14 days after the appearance of grounds to support the motion.

A trial continuance motion must be written and signed by the client.

A motion to continue a trial shall be in writing and signed by the client.

An agreed or opposed trial continuance motion must specifically state the grounds and when known, whether opposed, readiness actions and dates, required participant availability, the proposed trial-ready date, and whether all parties agree to that date.

Any motion filed to continue a trial, even if agreed, must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and (4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.

The proper motion must be filed with the Clerk’s office.

The proper motion must be filed with the Clerk’s office.

A motion to continue must state specific grounds for the requested continuance.

Motions to continue must set forth specific grounds for the request as general statements will be insufficient.

A motion to continue must include opposing counsel’s position on the motion.

Motions to continue shall also include the position of opposing counsel as to the motion.

Either party may request a continuance for good cause, but the motion must be e-filed at least five days before the proceeding, include the specific reason and the opposing party's position, and include a courtesy copy for the Judicial Assistant.

Continuances are granted at the discretion of the Court. Either party may file a motion to continue for good cause. All motions to continue must be e-filed at least five (5) days prior to the Court proceeding, with a courtesy copy provided to the Court's Judicial Assistant. The motion must contain the specific reason for the continuance and state whether the opposing party agrees or objects to the continuance.

A continuance must be requested by written motion emailed to the judge’s office at least three days before the proceeding.

To request a continuance of any proceeding, a written motion is required. The motion can be emailed to the Judge’s office at least three days prior to the proceeding.

A party seeking to extend an individual case-management deadline that may affect a later deadline in the Order must request an amendment of the Order instead of filing a motion to extend the individual deadline.

If extending an individual case management deadline may affect a subsequent deadline in this Order, parties must seek an amendment of the Order, rather than submitting a motion for extension of an individual deadline.

A continuance, rescheduling, or cancellation request must be promptly reported and filed, but the hearing remains calendared unless the court grants or confirms it.

If a hearing will not proceed, promptly notify Judge Hatcher’s office and file the appropriate notice or motion. A request or motion to continue or reschedule a hearing does not remove it from the calendar unless the Court grants the request or otherwise confirms the cancellation.

Only the scheduling party or the court may cancel a probate hearing or trial.

Only the party that scheduled the hearing, or the Court, has the authority to cancel the hearing.

A motion to continue must state specific grounds and include opposing counsel's position on the motion.

Motions to continue must set forth specific grounds for the request as general statements will be insufficient. Motions to continue shall also include the position of opposing counsel as to the motion.

The court will strictly enforce all deadlines in the case management order, including actual and projected trial periods, unless changed by court order under Florida Rule of Civil Procedure 1.200(e).

The deadlines established in this case management order, including actual and projected trial periods, shall be strictly enforced by the Court unless changed by court order pursuant to Florida Rules of Civil Procedure 1.200(e).

When an individual case-management deadline extension could affect a later deadline in the order, parties must seek an amendment of the order instead of filing a motion to extend the individual deadline.

If extending an individual case management deadline may affect a subsequent deadline in this Order, parties must seek an amendment of the Order, rather than submitting a motion for extension of an individual deadline.

If an extension for service is granted, service must be completed within 240 days from the date the complaint was filed.

If extension for service granted, then within 240 days from the date of filing of complaint

A motion to continue a hearing must be submitted at least seven days before the hearing.

Motions for the continuance of hearings must be submitted at least 7 days prior to the scheduled hearing.

A motion to continue a trial must be submitted at least fourteen days before the trial, absent exigent circumstances.

Motions for the continuance of a trial must be submitted at least 14 days prior to the scheduled trial for which the continuance is sought, barring exigent circumstances.

A stipulated motion to continue a trial must state specific information supporting the request.

A motion to continue a trial, even if stipulated, must state with specificity:

Routine motions to continue and corresponding proposed orders must be filed and submitted at least five days before the scheduled hearing.

Routine motions to continue and corresponding proposed orders must be filed and submitted to the Court at least five (5) days prior to the scheduled hearing.

Parties may not cancel an evidentiary hearing set by the Court without the Court’s permission.

1. Parties may NOT cancel any evidentiary hearing set by the Court without permission of the Court.

Continuances are disfavored and may be granted only for good cause.

Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown.

A continuance request must be submitted at least three days before the scheduled court date unless extenuating circumstances apply.

A request for continuance must be submitted at least three (3) days prior to the scheduled court date, absent extenuating circumstances.

In criminal matters, a continuance motion must be based on good cause and include counsel’s certificate that the motion is made in good faith.

In criminal matters, a motion for continuance must be predicated upon good cause and must include a certificate of movant’s counsel that the motion is made in good faith.

An extension of time will not be granted for more than six months; longer extensions require a hearing or an administrative estate-closing order.

An Petition/Order for Extension of Time will not be granted for more than six months. If you need longer than six months to conclude your case, a hearing will be required or you can file the Form Order Administratively Closing Estate that will close the estate until you are prepared to file the necessary documents to dispose of your case.

Continuance requests should comply with the specified Florida civil, family-law, and judicial-administration rules.

Requests for continuances should comply with Rule 1.460, Fla.R.Civ.P., or 12.460, Fla.Fam.Law.R.P., and Rule 2.545(e) Fla.R.Jud.Admin.

Failure to provide the required notice of a scheduling conflict may support denial of a continuance motion.

Failure to comply with this rule may constitute grounds for denial of a motion for continuance.

A timely request for an extension should be filed to avoid administrative closure and possible revocation of Letters of Administration.

To ===== PAGE 2 ===== avoid the administrative closure of your case, and the possible revocation of letters of administration, please file a timely request for an extension.

Additional or apparently unnecessary extensions may require an evidentiary hearing, and the personal representative must always attend.

Additional extensions or extensions that appear unnecessary may require evidentiary hearings with the presence of the personal representative always required.

An extension based on specified collateral litigation may result in the case being placed on inactive status with regular status reports required.

If your extension is based upon a wrongful death, asbestos, tobacco, or some other collateral litigation, the Court may convert the case to an inactive status and require regular status reports to be filed.

A continuance motion must be written and show good cause, and it will generally be disfavored unless extenuating circumstances exist.

All motions for continuances must be in writing, good cause must be shown, and will generally be looked upon with disfavor unless extenuating circumstances are present.

An amendment of pleadings or affirmative defenses permitted within 60 days of trial does not support a continuance when no additional discovery is required.

If amendment of pleadings or affirmative defenses is permitted under the relevant rules within 60 days of trial, the amendment shall not serve as grounds for continuance where no additional discovery is required.

A party that was granted an amendment but failed to facilitate discovery may be denied a later continuance because of the resulting interference with the trial date and orderly case progress.

If the party who was granted amendment failed to facilitate discovery and the same party later seeks a continuance, the trial court may deny the continuance of the failure created interference with the trial date and the orderly progress of the case.

Failure to comply with the order may result in denial of a motion to continue a hearing or trial.

Counsel's failure to comply with this order may result in the motion for continuance of hearing or trial being denied.

Motions to continue trial are disfavored, should rarely be granted, and require good cause.

Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown.

Successive continuance requests are highly disfavored.

Successive continuances are highly disfavored.

Failure to request a continuance promptly may result in denial of the motion.

Failure to promptly request a continuance may be a basis for denying the motion to continue.

Failure by any party or attorney to confer as required may result in sanctions.

Failure to confer by any party or attorney under this n.lle may result in sanctions.

When possible, the court should set continued trial dates collaboratively with attorneys and self-represented litigants rather than unilaterally.

When possible, continued trial dates must be set in collaboration with attorneys and self-represented litigants as opposed to the issuance of unilateral dates by the court.

The court may sanction an attorney, party, or both when a continuance is granted because of dilatory conduct.

If a continuance is granted based on the dilatory conduct of an attorney or named party, the court may impose sanctions on the attorney, the party, or both.

A continuance requested solely to wait for an in-person court event is disfavored and will be considered only under extraordinary circumstances, and should be requested as early as practicable.

Requests for continuances based solely on a participant's preference to wait until the court event can be conducted in person are disfavored and will be considered only under extraordinary circumstances. Parties and counsel should make any such requests as early as practicable.

Parties may extend a case-management deadline by agreed order only when the extension does not impair compliance with remaining dates.

Parties may submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in this Case Management Order.

Procrastination in discovery and unavailability of counsel do not constitute good cause to change case-management deadlines.

Procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

Failure to comply with case-management deadlines may result in sanctions, including striking discovery, witnesses, evidence, or pleadings, attorney fees, and dismissal.

Failure to comply with deadlines may subject the parties to sanctions, including but not limited to, striking of discovery, witnesses, evidence, pleadings, imposition of attorney fees, and/or dismissal.

The Court reviews each continuance motion individually and may rule from the pleadings or hold a hearing; opposing counsel's stipulation does not guarantee that the continuance will be granted.

Each motion to continue will be reviewed on a case-by-case basis to determine whether the Court is able to rule on the face of the pleadings or whether a hearing is required. The stipulation of opposing counsel does not guarantee the granting of a continuance.

Requests for continuances should comply with Rule 1.460 of the Florida Rules of Civil Procedure and Rule 2.545(e) of the Florida Rules of Judicial Administration.

Requests for continuances should comply with Rule 1.460, Fla. R. Civ. P., and Rule 2.545 (e) Fla. R. Jud. Admin.

If an attorney seeks a continuance in person rather than by motion, the attorney or covering attorney must appear in Court.

Alternatively, to seek a continuance, the attorney or the covering attorney must be present in Court.

Procrastination in completing discovery and counsel unavailability do not constitute good cause to change the case-management deadlines.

Procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

The hearing may be cancelled if an attorney or party is inappropriately dressed.

Hearings start promptly at the time designated on your Notice of Hearing. If you are inappropriately dressed, your hearing may be cancelled.

When a reply memorandum is timely noticed, the court may defer determination of the matter for up to five days while the reply is prepared and filed.

In such case, determination of the matter will be deferred by the Court for up to five (5) days pending preparation and filing of the reply.

Parties may extend a deadline by submitting an agreed order, provided the extension does not impair compliance with the remaining case dates.

Parties may submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in this Case

Motions for continuance are disfavored and are granted only upon a showing of good cause.

Pursuant to Fl. R. Civ. Proc. 1.460, motions for a continuance are disfavored and will be granted only upon good cause shown.

Unless good cause is shown, the party requesting a continuance must sign the motion.

Except for good cause shown, 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).

Failure to obtain Court permission before cancelling an evidentiary hearing may result in sanctions.

2. Failure to obtain permission from the Court before cancellation of an evidentiary hearing may result in sanctions.

A trial-preparation continuance motion should state preparation efforts, remaining work, expected readiness date, and any opposing-party objection.

If a party is requesting a continuance to prepare for trial, the motion for continuance should set forth what efforts have already been taken to prepare for trial, what remains to be done, and when counsel reasonably believes the case will be ready for trial. The motion should also set forth whether the opposing party objects to the continuance.

A motion to continue should be filed sufficiently before the proceeding being continued to permit adequate judicial review.

Motions to continue should be filed a reasonable amount of time prior to the proceeding sought to be continued to allow the Court ample time to review them.

The client-notification policy does not apply to the State of Florida or other governmental bodies.

This policy does not apply to the State of Florida or other governmental bodies.

Parental-leave continuance motions are governed by Florida Rule of General Practice and Judicial Administration 2.570.

Motions for continuance based on parental leave are governed by Florida Rule of General Practice and Judicial Administration 2.570.