A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances.
A motion to continue in Florida is a legal document filed by a party in a case to request a postponement or delay of a scheduled hearing or trial. This motion is commonly used in the context of a rehearing, where a party seeks to have a judgment or order reconsidered by the court. In Florida, there are various types of motions to continue that can be filed for rehearing. These include: 1. Motion to Continue Hearing: This type of motion is filed when a party needs more time to adequately prepare for a hearing. It may be due to the unavailability of a crucial witness, the need for additional evidence, or the complexity of legal issues involved. 2. Motion to Continue Trial: This motion is used when a party requires a delay in the trial date. Reasons for such a motion may include the need for further investigation, the inability to gather evidence in a timely manner, or the conflicting schedule of key individuals involved in the case. 3. Motion to Continue Rehearing: This motion is filed to request a new hearing to reconsider a previous judgment or order issued by the court. It is often based on newly discovered evidence, legal errors made during the initial hearing, or the need to present additional arguments and facts. 4. Motion to Continue Motion for Rehearing: In some instances, a party may file a motion to continue their own motion for rehearing. This is done when additional time is required to gather supporting documents, obtain expert opinions, or build a stronger legal argument to support the motion for rehearing. 5. Motion to Continue Appellate Rehearing: This motion is filed with an appellate court to request a delay or continuation of a rehearing on an appeal. It may be requested if a party needs more time to prepare their case, if important documents or evidence have not yet been obtained, or if new legal precedent arises that impacts the appeal. In summary, a motion to continue in Florida is a legal tool used to request a delay or postponement of a hearing or trial, specifically in the context of a rehearing. Various types of motions to continue can be filed depending on the specific circumstances and requirements of the case. It is essential to consult with an experienced attorney to ensure that the motion is properly prepared and effectively argues for the desired continuation.
