Court Rules

Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties Adjournment & Extension Requirements

34 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances. This page is scoped to Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties; use the court rules overview to switch categories without leaving this court.

A continuance may be granted only when good cause is shown under the court's firm continuance policy.

all judges within the Twentieth Judicial Circuit are directed to strictly comply with Florida Rule of General Practice & Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown

Court-level rulesCRITICALOfficial source

A service extension will not be granted without specific proof of diligent service efforts, a written explanation of further intended efforts, and proposed deadlines.

D. No extensions pursuant to Florida Rule of Civil Procedure 1.070 hall be granted without specific proof of diligent effort to effect service and a written explanation of what effort the Plaintiff intends to pursue to effect ervice uccessfully, with proposed deadlines.

Court-level rulesCRITICALOfficial source

A notice of unavailability does not extend a case-management deadline, and a party unable to comply must act consistently with Florida Rule of Civil Procedure 1.200(e)(1)-(3).

E. Notices of unavailability have no effect on tbe deadline set by the Court Ordered Case Management Plan. If a party i unable to comply with a deadline in a Court Ordered Case Management Plan, tbe party must act con istent with Florida Rule of Civil Procedure l .200(e)( I )-(3).

Court-level rulesCRITICALOfficial source

A motion to extend a deadline, amend a case-management plan, or alter the projected trial period must comply with Florida Rule of Civil Procedure 1.200(e)(3).

F. Parties should attempt to comply with the case management chedule before objecting. Any motion to extend a deadline, amend a Court Ordered Ca e Management Plan, or alter a projected trial period must comply with the requirements of Florida Rule of Civil Procedure l.200(e)(3); Specifically, such motions must specify:

Court-level rulesCRITICALOfficial source

An extension motion must state the basis and timing of the need, whether it is opposed, the requested extension date and whether agreed upon, and the actions and specific dates needed to meet the new deadline or trial period, including participant availability.

• the basis of the need for the extension, includi ng when the ba is became known to the movant; • whether the motion i oppo ed; • the specific date to which the movant is reque ting the deadline or projected trial period be extended, and whether that date i agreed to by all parties; and • the action and speci fie dates for the action that will enable the movant to meet the proposed new deadline or projected trial period, including but not limited to, confirmi ng the specific date any required participants such as third-party witnesses or experts are available.

Court-level rulesCRITICALOfficial source

The court will consider a motion to change scheduled deadlines only upon a showing of good cause based on an emergency or unavailability, but discovery procrastination or counsel unavailability does not qualify.

The above-referenced schedule of deadlines must be trictly adhered to by the partie unless a change is otherwise agreed to by the partie and approved by the Court. The Coui1 will cons ider a motion to approve change to the e deadlines upon a showing of good cause by either party ba ed on matter arising from an emergency nature or unavailabil ity in accordance with Rule I .200(c), Florida Rules of Civil Procedure. However, procra ti nation in completi ng discovery o r the unavailability of counsel will not constitute good cau e for a change to the c deadlines.

Court-level rulesCRITICALOfficial source

Deadlines may not be extended by stipulation; any deviation from a deadline requires approval by court order.

ABSOLUTELY NO DEADLINES ARE TO BE EXTENDED BY STIPULATION. ANY DEVIATION OF TIME DEADLINES MUST BE MODIFIED AND APPROVED BY COURT ORDER.

Court-level rulesCRITICALOfficial source

Arbitration must be completed within 30 days of the first hearing, with any extension requiring a court order and limited to no more than 60 days from that hearing.

Arbitration shall be completed within 30 days of the first arbitration hearing unless extended by Order of the Court on motion of the Chief Arbitrator or of a party. No extension of time shall be for a period exceeding 60 days from the date of the first arbitration hearing.

Court-level rulesCRITICALOfficial source

Parties must strictly adhere to scheduled deadlines unless the parties agree and the Court approves a change based on good cause arising from an emergency or unavailability; discovery-related procrastination or unavailable counsel is not good cause.

The above-referenced schedule of deadlines must be strictly adhered to by the parties unless a change is otherwise agreed to by the parties and approved by the Court. The Court will consider a motion 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 in accordance with Rule 1.200(c), Florida Rules of Civil Procedure. However, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

Court-level rulesCRITICALOfficial source

A hearing covered by the standing order may not be cancelled without express permission from the court.

Said hearings shall not be cancelled unless expressly permitted by the Court.

Judge Alane LabodaCRITICAL

A continuance motion must specifically state the basis for the request, opposition, enabling actions and dates, and the proposed date the case will be ready to proceed, including whether all parties agree to that date.

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 ===== PAGE 6 ===== date by which the case will be ready to proceed and whether that date is agreed by all parties.

Judge Alane LabodaCRITICAL

Submitting a stipulation does not automatically continue a trial; the stipulation must be signed by all counsel and parties, explain the reasons for the requested continuance, and trial preparation must continue until an order granting the continuance is entered.

Trials are not automatically continued by the submission of a stipulation. A stipulation must be signed by all counsel and all parties and shall be submitted to the Court detailing the reasons a continuance is necessary. The Judge will determine if a hearing is required. All parties shall continue to prepare for trial as scheduled until an Order is entered granting a continuance.

Judge Alane LabodaCRITICAL

A continuance motion must be filed at least five days before the scheduled court date, and a continuance is granted only upon a showing of good cause.

A motion for continuance must be filed at least five (5) days prior to the scheduled court date. Continuances 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 continuance.

Judge Geoffrey H. GentileCRITICAL

A continuance motion must specifically state the basis for the request, whether it is opposed, the actions and dates needed for readiness, and the proposed ready date and party agreement.

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.

Judge Geoffrey H. GentileCRITICAL

Continuances are rarely granted and require both an unanticipated event and a showing of good cause.

Continuances will rarely be granted, and then only upon a showing of an unanticipated event and good cause.

Judge Keith R. KyleCRITICAL

A continuance stipulation must be signed by all counsel and parties, submitted to the court with the reasons for the continuance, and does not postpone the hearing unless the court enters an order granting it.

A stipulation must be signed by all counsel and all parties and shall be submitted to the Court detailing the reasons a continuance is necessary. The Judge will determine if a hearing is required. All parties shall continue to prepare to attend as scheduled unless an Order is entered granting a continuance.

Judge Keith R. KyleCRITICAL

A hearing longer than 60 minutes cannot be cancelled by the parties without a stipulation signed by both parties and filed with the clerk; a copy of the filed stipulation must then be emailed to the judicial assistant.

There will be no cancellation by the parties of a hearing is over 60-minutes without a filed stipulation signed by both parties and filed with the Clerk. Once you have the stipulation filed, please email a copy of the filed stipulation to the Judicial Assistant.

Judge Kyle CohenCRITICAL

A stipulation to continue trial does not automatically continue the trial; it must be set for a hearing before docket sounding and should state the reasons for the request.

Stipulation to Continue Trial does not automatically continue the trial and MUST be set for a hearing prior to the Docket Sounding. Such Stipulations should set forth the reasons

Judge Kyle CohenCRITICAL

Parties must continue preparing for trial as scheduled unless the court enters an order granting a continuance.

All parties shall continue to prepare for trial as scheduled unless an Order is entered granting a continuance.

Judge Kyle CohenCRITICAL

An opposed motion to continue must include the moving party’s written consent and be coordinated for hearings through JACS.

All opposed motions to continue must include the moving party’s written consent and be coordinated for hearings using JACS.

Judge Kyle CohenCRITICAL

Continuances are disfavored and will rarely be granted; the moving party must show good cause.

This Court strictly adheres to Fla.R.Jud.Admin. 2.545(e) and Fla.R.Civ.P. 1.460. As such, continuances are disfavored, shall rarely be granted and only upon a showing of good cause.

Judge Lauren L. BrodieCRITICAL

Continuances are disfavored and require a showing of good cause; absent good cause, the continuance motion must be signed by the requesting party.

Continuances are disfavored and will be granted only upon good cause shown. Except for good cause shown, the motion must be signed by the party requesting continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

Judge Michael T. McHughCRITICAL

Deadline extensions are disfavored and may be granted only for good cause with court approval; seeking an extension does not toll other deadlines.

Motions to extend deadlines are disfavored. Deadlines are strictly enforced and may be modified only for good cause and with the court's approval. Moving to extend a deadline does not toll the time to comply with other deadlines set by rule or order.

Judge Rachael LoukonenCRITICAL

Case-management deadlines are strictly enforced unless the court changes them by order.

Deadlines in the case management order will be strictly enforced unless changed by court order.

Judge Rachael LoukonenCRITICAL

A case-management extension motion must state the basis and discovery date of the need, opposition status, requested and agreed-upon date, and action plan with specific dates.

Any motion to extend a case management deadline must specify: (i) the basis of the need for an extension and when the basis became known to the movant; (ii) whether the motion is opposed; (iii) the specific date to which the movant is requesting the deadline be extended and whether the extended date is agreed upon by all parties; and (iv) the action and specific dates for the action that will enable the movant to meet the proposed extended deadline.

Judge Rachael LoukonenCRITICAL

Workload, staffing, and scheduling objections should first be discussed directly with clients and will receive only limited judicial weight.

General obj ections having to do with attorney workload, staffing, and scheduling conflicts should be discussed with clients directly before being brought to the court, and shall be given limited weight.

Court-level rulesWARNINGOfficial source

First requests for reasonable litigation-deadline extensions should ordinarily be granted as a courtesy unless time is of the essence or other circumstances prohibit relief.

First requests for reasonable extensions of time to respond to litigation deadlines relating to pleadings, discovery, or motions should be granted as a matter of courtesy unless time is of the essence or other circumstances prohibit same.

Court-level rulesWARNINGOfficial source

After an initial extension, additional requests should be evaluated by balancing expedition, ordinary deference to the adversary, and the likelihood that the court would grant the extension.

After a first extension, any additional requests for time should be dealt with by balancing the need for expedition against the deference one should ordinarily give to an adversary, and whether it is likely a court would grant the extension if asked to do so.

Court-level rulesWARNINGOfficial source

Requests for continuances based solely on a preference to wait for an in-person proceeding are disfavored and will be considered only under extraordinary circumstances; parties and counsel should make such requests as early as practicable.

1.7. 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.

Court-level rulesWARNINGOfficial source

Continuance motions are disfavored and require a showing of good cause; successive continuances and lack of due diligence weigh against or defeat the request, and the requesting party generally 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) and Rules of Civil Procedure.

Judge Alane LabodaWARNING

Continuances will not be granted based on lack of preparation, failure to timely file witness or exhibit lists, witness unavailability, or similar grounds.

Continuances will not be granted based upon lack of preparation, failure to timely file a witness/exhibit list, unavailability of witnesses, et cetera.

Judge Keith R. KyleWARNING

Arbitration must be completed within 30 days after the first hearing unless the court extends the deadline on motion by the Chief Arbitrator or a party.

Arbitration shall be completed within 30 days of the first arbitration hearing unless extended by Order of the Court on motion of the Chief Arbitrator or of a party.

Judge Keith R. KyleWARNING

Any court-approved extension of the arbitration deadline may not exceed 60 days from the first arbitration hearing.

No extension of time shall be for a period exceeding 60 days from the date of the first arbitration hearing.

Judge Keith R. KyleWARNING

A trial continuance may not be requested through a CMC or status-conference request, and the court will not schedule such a hearing when a continuance is being requested.

A party may not request a trial continuance in the request for a CMC or status conference. The court will not schedule hearings if the CMC or status conference if a trial continuance is being requested.

Judge Michael T. McHughWARNING
Common questions about Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties adjournment & extension requirements

How do I request an adjournment or extension in Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties?

Advance notice is not fully stated in the structured details. A continuance may be granted only when good cause is shown under the court's firm continuance policy.

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