Florida Motion for Continuance

Introduction

Key Things to Know

1. 1

   Florida calls it a continuance. Rule 2.545(e) requires a firm continuance policy: continuances should be few, good cause required, and every request decided by a judge.

2. 2

   Until the court grants your motion, the hearing or trial date stands. Attend unless the court tells you the date has moved.

3. 3

   For a civil trial, Rule 1.460(a) says motions to continue are disfavored and should rarely be granted, and only upon good cause shown. Lack of due diligence in preparing is not grounds.

4. 4

   A motion to continue trial must be in writing unless made at trial, and, except for good cause shown, signed by the named party (Rule 1.460(b)). Rules 1.460(b), 1.460(d), and 2.545(e) do not list an affidavit requirement.

5. 5

   File promptly after good cause appears. Delay may be a basis for denial (Rule 1.460(c)). No fixed number of days is set.

6. 6

   Even an agreed motion must be filed and state its basis, when it became known, whether it is opposed, the steps and dates to be ready, a proposed ready date, and whether all parties agree (Rule 1.460(d)). The court still decides.

7. 7

   Small claims: good cause is required and the motion may be oral unless the court requires writing (Rule 7.130(a)); Form 7.352 is the defendant's motion to continue a hearing. Family court follows Rule 2.545(e) (Family Rule 12.460).

Florida Requirements for Motion for Continuance

• Firm Continuance Policy

  Fla. R. Gen. Prac. & Jud. Admin. 2.545(e) tells judges to apply a firm continuance policy: continuances should be few, good cause should be required, and all requests heard and resolved by a judge.

• Good Cause Standard

  Fla. R. Civ. P. 1.460(a): motions to continue trial are disfavored, should rarely be granted, and only upon good cause shown. Small claims also require good cause (Fla. Sm. Cl. R. 7.130(a)).

• Written and Signed Motion

  A motion to continue trial must be in writing unless made at trial and, except for good cause shown, signed by the named party requesting it (Fla. R. Civ. P. 1.460(b)).

• File Promptly After Good Cause Appears

  The motion must be filed promptly after good cause appears. Delay may be a basis for denial (Fla. R. Civ. P. 1.460(c)). No fixed day count is set.

• Lack of Preparation Is Not Grounds

  Lack of due diligence in preparing for trial is not grounds to continue. Successive continuances are highly disfavored (Fla. R. Civ. P. 1.460(a)).

• Agreed Motions Must Still Be Filed

  Even an agreed motion must state its basis, when it became known, whether it is opposed, the steps and dates to be ready, a proposed ready date, and whether all parties agree (Fla. R. Civ. P. 1.460(d)).

• Family Court Witness Showing

  Family continuances follow Gen. Prac. R. 2.545(e). A motion based on an unavailable witness must show when the witness will be available (Fla. Fam. L. R. P. 12.460).

• Small Claims Motion and Form 7.352

  A small claims motion may be oral unless the court requires writing (Fla. Sm. Cl. R. 7.130(a)). Form 7.352 is the Defendant's Motion to Continue a hearing.

• Eviction Rent Registry Deposit

  In a residential possession action, a tenant raising a defense other than payment must deposit accrued and accruing rent in the court registry within 5 days of service, excluding weekends and holidays, or waives defenses (Fla. Stat. 83.60(2)).