Florida Motion For Continuance Form For Family Court
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FAQ
What if a party is unable to attend a hearing in his or her Florida family law case? The usual course of action is to file a motion for continuance, stating the reasons why the party cannot attend and requesting a different hearing date. The case Pares v. Soriano, 3D18-915 (Fla.
? Rule 8.255(f) allows the court to grant a continuance before or during a hearing on a showing of good cause. Continuances and extensions of time are limited to the number of days absolutely necessary to complete a task in order to preserve the best interests of a child or the rights of a party.
A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. The motion shall state all of the facts that the movant contends entitle the movant to a continuance.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
A Motion for Continuance should be made as soon as the party learns of a conflict. Attempts should be made to change the date with the consent of the other party before the motion is filed. The closer it is to the hearing date the more difficult it is to get a continuance.