Third Judicial Circuit of Florida (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor Counties) Adjournment & Extension Requirements

CRITICAL

Counsel may waive their clients’ appearance for the first preliminary hearing by: (2) Filing a motion for continuance and submitting a proposed order to the Court in Word format containing the dates for the next preliminary hearing and the final evidentiary hearing;

Counsel may waive their clients’ appearance for the first preliminary hearing by: (2) Filing a motion for continuance and submitting a proposed order to the Court in Word format containing the dates for the next preliminary hearing and the final evidentiary hearing;

CRITICAL

Final hearing continuances are rare and will be granted only for good cause upon a written motion.

Continuances of final hearings will be rare and granted only for good cause and only upon a written motion.

CRITICAL

Motions to continue must be filed by noon two business days before the hearing, absent a true emergency, and state whether opposing counsel was consulted and opposes the motion.

Absent a true emergency, all motions to continue must be E-Filed by noon two (2) business days prior to the hearing date and time. The motion to continue must state whether opposing counsel has been consulted and if he/she is opposed.

CRITICAL

A continuance motion must specifically state the basis and when it became known, whether it is opposed, the actions and dates needed to be ready, and the proposed readiness date and whether all parties agree.

Motions for continuance 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, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.

CRITICAL

Continuances are disfavored and require good cause; successive continuances are especially disfavored, lack of diligence is insufficient, and the requesting party must sign the motion unless good cause is shown.

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).

CRITICAL

A continuance motion must specify the basis and when it became known, whether it is opposed, readiness actions and dates including required participants' availability, and the proposed ready date and whether all parties agree.

Motions for continuance 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, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.

CRITICAL

A continuance motion must be submitted at least 3 days before the scheduled court date, absent exigent circumstances, and generally must be signed by the requesting party.

Motions for continuance must be submitted at least 3 days prior to the scheduled court date for which the continuance is sought, barring exigent circumstances. 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).

CRITICAL

A continuance will be granted only for good cause; successive continuances are highly disfavored, and lack of due diligence is not a sufficient ground.

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

CRITICALCriminal cases

Continuance motions must be submitted by noon the day before the scheduled pretrial date; they should state the number of prior continuances and the reason, and deposition continuances should state the deposition date. Boiler-plate motions may be denied.

All motions for continuance shall be in writing and be submitted no later than noon the day prior to the scheduled pretrial date. All motions should include the number of past continuances and the reason for the current requests. A continuance to take depositions should include the date for which the depositions are set. Boiler plate motions (i.e. ongoing discovery, discovery is incomplete, need to take additional depositions…) may be denied.

CRITICAL

Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least two days prior to the scheduled court date. 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). Motions for continuance 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, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties. 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).

Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least two days prior to the scheduled court date. 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). Motions for continuance 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, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties. 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

If a party has already received a trial continuance, any further continuance motion must be set for hearing.

If a party has already been granted a prior continuance of the trial, any further motion for continuance must be set for hearing.

CRITICALCriminal cases

A continuance motion must describe prior continuances and state the reason for the requested continuance.

Any motion for continuance shall include a description of prior continuances of the case and reason for the continuance.

WARNINGCriminal cases

A motion to continue a prescheduled hearing because a witness is unavailable may be denied absent exigent circumstances.

Absent exigent circumstances, any motion to continue a prescheduled hearing based on witness unavailability may be denied.

WARNING

The parties may agree in writing to extend the disclosure-exchange deadline; absent such an agreement, noncompliance may lead to an order to show cause.

In the event this Court determines that Rule 12.285 has not been complied with, and the parties have not agreed in writing to an extension for the exchange of disclosure, this Court may issue an order show cause why the matter should not be dismissed or default entered against the noncompliant party, or both.

WARNINGCriminal cases

A continuance motion based on witness unavailability, filed after the parties select a hearing date without first checking the witness's availability, may be denied.

Any motions to continue based upon witness unavailability filed after the hearing date has been selected by the parties may be denied if no effort was made to confer with the witness prior to scheduling the hearing to ascertain their availability.