Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Adjournment & Extension Requirements

CRITICALCriminal cases

If a plea or motion hearing is set and the defendant has waived speedy trial, counsel may seek to continue the pretrial conference to that hearing date; once continued, the hearing cannot be canceled without a court order.

If a Plea or Motion hearing is currently set before the court and counsel wishes to continue a scheduled Pretrial Conference to the date of the Plea or Motion hearing, and the Defendant has waived speedy trial, a Motion to Continue Pretrial Conference to the motion hearing date may be e-filed and a copy provided to the judicial assistant for court review. Once a Pretrial Conference is continued to the date of the Plea or Motion hearing, the hearing cannot be cancelled without a court order.

CRITICALCriminal cases

An agreed motion to continue a pretrial conference and a proposed order must be submitted by 1:00 p.m. five days before the scheduled hearing; otherwise, the hearing remains on the docket, and the Court may still require a hearing on the motion.

An agreed upon Motion for Continuance of Pretrial Conference and a proposed Order must be submitted no later than 1:00 p.m. five (5) days prior to scheduled hearing. Otherwise, the hearing will remain on the docket and will be addressed in Court at the scheduled time. The Court may still require a hearing on an agreed upon Motion for Continuance.

CRITICAL

Continuances are disfavored and may be granted only for good cause; successive continuances are highly disfavored, and lack of due diligence is not grounds for one.

Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance.

CRITICAL

Counsel and unrepresented parties must attend conferences unless excused; a continuance or excusal request requires a status report and Motion for Continuance at least 10 days before the conference, and parties must appear unless the court grants a continuance.

Counsel and unrepresented parties must attend all status and Case Management Conferences unless excused by the court. To request a continuance or excusal the party or their attorney must file a status report along with a Motion for Continuance not less 10 days prior to the Case Management Conference requesting a continuance. Continuances are at the discretion of the court and parties must appear unless a continuance is granted. Sanctions may be imposed for failure to appear.

CRITICAL

An agreed motion to continue must be submitted five business days before the scheduled hearing and include the agreed proposed continued date.

Motions to Continue Pretrial/Arraignment: Agreed Motions to Continue and proposed orders, with language stating the agreed proposed continued date, MUST be submitted no later than 1:00 p.m. five business days prior to the scheduled hearing.

CRITICALCivil cases

All motions for continuance, including agreed motions, must comply with Florida Rule of Civil Procedure 1.460.

A. All Motions for continuance, even if agreed, must comply with Florida Rule of Civil Procedure 1.460.

CRITICALCivil cases

The parties must adhere to the schedule unless they agree to a change and the Court approves it; approval requires good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability do not constitute good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court.  The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability.  However, upon the filing of the initial Civil Case Management Plan and any other Court-approved changes thereafter, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

CRITICALCivil cases

A joint motion to continue trial must identify a new pretrial date and trial date when the motion is filed.

Additionally, in order to avoid delay in prosecution of the case, a new pretrial and trial date must be chosen at the time the joint motion is filed.

CRITICALCriminal cases

A continuance motion must be signed by the requesting party unless good cause is shown.

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).

CRITICALCriminal cases

Continuance motions are disfavored and will be granted only upon a showing of good cause.

Motions for continuance are disfavored and will be granted only upon good cause shown.

CRITICAL

Continuance motions must be written unless made at trial, signed by the requesting party except upon good cause, and state whether opposing counsel agrees or disagrees.

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.” All motions for continuance shall include a statement that opposing counsel has been contacted and that opposing counsel either agrees or disagrees with said continuance request.

CRITICAL

The Pretrial Conference and Final Hearing may be continued only in exceptional circumstances for good cause shown in a writing signed by counsel and the represented party; a Pretrial Conference continuance motion must be filed and heard before the conference, and later-arising scheduling conflicts are not persuasive.

Be advised that the Pretrial Conference and Final Hearing will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel and the party he or she represents. Scheduling conflicts arising after the date of this Order will not be persuasive. If a continuance of the Pretrial Conference is sought, the motion to continue must be filed and called up for hearing before Pretrial Conference. The Court will not entertain a motion to continue the Pretrial Conference during the Pretrial Conference.

CRITICAL

A hearing scheduled for two hours or more may be canceled only with mutual consent of the parties or their counsel and Court approval.

All hearings scheduled for two (2) hours or more may not be canceled without the mutual consent of the parties, or their counsels, and approval of the Court.

CRITICALCivil cases

Continuances are allowed only when good cause is shown.

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

CRITICALCivil cases

If extending an individual deadline will or may affect compliance with another deadline, the parties must move to amend the preapproved Case Management Plan.

If extending the individual deadline will or may affect compliance with a remaining deadline(s), then the parties must move to amend the preapproved Case Management Plan.

CRITICAL

The parties must adhere to the schedule unless they agree to a change and the Court approves it; approval requires good cause arising from an emergency or unavailability, but discovery procrastination and counsel unavailability are not good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, upon the filing of the initial Civil Case Management Plan and any other Court-approved changes thereafter, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

CRITICALCivil cases

Changes to deadlines require the parties’ agreement and Court approval; the Court considers a request upon good cause based on an emergency or unavailability, but procrastination in discovery or counsel’s unavailability is not good cause after the initial plan or later approved changes.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, upon the filing of the initial Civil Case Management Plan and any other Court- approved changes thereafter, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

CRITICAL

The parties must follow the schedule unless they agree to a change and the Court approves it; approval requires good cause, and discovery procrastination or counsel unavailability is not good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, upon the filing of the initial Civil Case Management Plan and any other Court-approved changes thereafter, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

CRITICALCivil cases

A proper motion to extend or amend a preapproved plan or projected trial period must explain why the extension is needed and when the reason became known, state whether it is opposed, identify the requested date and whether all parties agree, and provide the actions and dates needed to meet the proposed schedule, including required participants' availability.

Extensions and amendments to a preapproved Case Management Plan or projected trial period will be ruled on by the assigned judge upon either party filing a proper motion. Pursuant to rule 1.200(e)(3), Florida Rules of Civil Procedure, the motion must include the following: i. the reason the extension is needed, including when the reason became known to the movant; ii. if the motion is opposed; iii. the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties; and iv. the action and specific date(s) for the action that will enable the movant to meet the proposed new deadline or projected trial period, including, but not limited to, confirming the specific date any required participants such as a third-party witnesses or experts are available.

CRITICALCivil cases

Changing an actual trial period that has been set requires compliance with Rule 1.460, Florida Rules of Civil Procedure.

To change an actual trial period that has been set, the parties must comply with rule 1.460, Florida Rules of Civil Procedure.

CRITICAL

All motions for continuance, including agreed motions, must comply with Florida Rule of Civil Procedure 1.460.

A. All Motions for continuance, even if agreed, must comply with Florida Rule of Civil Procedure 1.460.

CRITICAL

Be advised that the Non-Jury Trial will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel

Be advised that the Non-Jury Trial will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel

CRITICAL

A hearing scheduled for 2 hours or more may be canceled only with the mutual consent of the parties or their counsel and the Court's approval.

All hearings scheduled for 2 hours or more may not be canceled without the mutual consent of the parties, or their counsels, and approval of the Court.

CRITICAL

An agreed motion to continue a pretrial conference or arraignment, together with a proposed order, must be submitted by 1:00 p.m. three business days before the hearing.

An agreed upon Motion for Continuance of Pretrial Conference or Arraignment and a proposed Order must be submitted no later than 1:00 p.m. three (3) business days prior to scheduled hearing.

CRITICAL

Continuances are disfavored and require good cause; successive requests are highly disfavored, lack of due diligence is not grounds, and the requesting party must sign the motion absent good cause.

Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance. 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).

CRITICALCivil cases

If a report cannot be filed by its statutory deadline, a motion stating good cause for an extension must be filed before the report becomes overdue.

If any report cannot be filed in accordance within the applicable statutory deadline, a motion for extension of time stating good cause for an extension must be filed before the report becomes overdue.

CRITICAL

A continuance or excusal request must be filed with a status report and motion at least 10 days before the case management conference; continuances are discretionary, and parties must appear unless one is granted.

To request continuance or excusal the party or their attorney must file a status report along with a motion for Continuance not less than 10 days prior to the case management conference, continuances are at the discretion of the court and parties must appear unless continuance is granted.

CRITICAL

Continuance requests must be made in writing, state the request specifically, and show good cause; they are evaluated individually and are not routinely granted.

Continuances are not routinely granted and are evaluated on a case-by-case basis. All requests must be made in writing with specificity and show good cause.

CRITICALCivil cases

Be advised that the Non-Jury Trial will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel

Be advised that the Non-Jury Trial will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel

CRITICALCivil cases

An extension of the discovery deadline requires a written stipulation agreed to by the parties or an order of the Court.

unless a written stipulation for an extension of time is otherwise agreed to by the parties or ordered by the Court.

CRITICAL

Forward joint motions to continue trial to the judge’s office by email for court review.

Please forward Joint Motion(s) to Continue Trial to the Judge’s office via email for the Court to review.

CRITICALCivil cases

Deadline changes require the parties’ agreement and court approval; the Court will consider them upon a showing of good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability are not good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Civil Case Management Plan has been approved by the Court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

CRITICAL

Agreed motions to continue and proposed orders must be submitted by 1:00 p.m. five days before the hearing; otherwise, the hearing remains on the docket and will be addressed in court.

Agreed Motions to Continue and proposed Orders must be submitted no later than 1:00 p.m. five days prior to scheduled hearing. Otherwise, the hearing will remain on the docket and addressed in Court at the scheduled time.

CRITICAL

A party must cancel any hearing it set on the Judge’s calendar even if the case settles.

If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.

CRITICAL

Only the party who set a hearing may cancel it, subject to the consent and approval requirements.

Only the party who set the hearing may cancel it (subject to section 4.a. above).

CRITICAL

A hearing scheduled for at least two hours may be canceled only with mutual consent and Court approval.

All hearings scheduled for two (2) hours or more may not be canceled without the mutual consent of the parties, or their counsels, and approval of the Court.

WARNING

Continuance requests must be written, specific, and show good cause; they are evaluated case by case and are not routinely granted.

Continuances are not routinely granted and are evaluated on a case-by-case basis. All requests must be made in writing with specificity and show good cause.

WARNINGCivil cases

A proposed order continuing trial may be submitted when all parties and, if applicable, their attorneys have signed the joint motion.

B. A proposed order continuing a trial may be submitted if all parties have signed the joint motion, along with their respective attorneys, if applicable.

WARNINGCivil cases

Whether a joint motion to continue trial requires a hearing depends on the age of the case, the newly coordinated trial date, and other factors.

A hearing on Joint Motion(s) to Continue Trial may or may not be required, depending on the age of the case, the newly-coordinated trial date, and other factors.

WARNINGCriminal cases

The Court may require a hearing even on an agreed motion for continuance.

The Court may still require a hearing on an agreed upon Motion for Continuance.

WARNINGCriminal cases

Successive continuances are highly disfavored.

Successive continuances are highly disfavored.

WARNINGCriminal cases

If the agreed continuance motion and proposed order are not submitted by the deadline, the hearing remains on the docket and will be addressed in court at the scheduled time.

Otherwise, the hearing will remain on the docket and will be addressed in Court at the scheduled time.

WARNINGCriminal cases

Lack of due diligence is not a basis for granting a continuance.

Lack of due diligence is not grounds for granting a continuance.

WARNING

The Court may require a mutually signed agreement, which resolves all issues scheduled to be heard at the hearing, to be filed with the Court prior to canceling of the hearing.

The Court may require a mutually signed agreement, which resolves all issues scheduled to be heard at the hearing, to be filed with the Court prior to canceling of the hearing.

WARNING

Other hearings may be canceled by the attorney setting the hearing if sufficient notice is provided to the opposing party.

Other hearings may be canceled by the attorney setting the hearing if sufficient notice is provided to the opposing party.

WARNING

The Court may continue a hearing if motions or pleadings are not timely filed.

If motions/pleadings are not timely filed, the Court may continue the hearing to a later date.

WARNINGCivil cases

When all parties agree and extending an individual deadline will not affect compliance with remaining deadlines, the parties may submit a motion and stipulated order to extend it.

If all parties agree to an extension of an individual deadline and the extension will not affect compliance with the remaining deadline(s), the parties may submit a motion and stipulated order granting extension of the deadline.

WARNING

An extension of the discovery deadline requires a written stipulation agreed to by the parties or an order of the Court.

unless a written stipulation for an extension of time is otherwise agreed to by the parties or ordered by the Court.

WARNING

Scheduling conflicts arising after the order date will not be persuasive grounds for a continuance.

Scheduling conflicts arising after the date of this Order will not be persuasive.

WARNINGCivil cases

Scheduling conflicts that arise after the date of the Order will not be persuasive grounds for a continuance.

Scheduling conflicts arising after the date of this Order will not be persuasive.