STATE COURT MOTION FOR CONTINUANCE

(Florida Circuit Court – Template)

[// GUIDANCE: Adjust caption and references when used in County Court.]

1. CAPTION

IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA

[PLAINTIFF NAME],
Plaintiff,

v. Case No.: [CASE NUMBER]
Division: [DIVISION]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by and through undersigned counsel, respectfully moves for a continuance of the [trial/hearing] currently set for [CURRENT DATE] and requests that the Court reset the matter for [REQUESTED NEW DATE] or a date convenient to the Court.

This motion is brought pursuant to Florida Rule of Civil Procedure 1.460, which permits continuances for good cause shown. Good cause exists because [describe detailed reasons—e.g., "lead counsel has an unavoidable conflicting trial", "essential witness is unavailable due to medical treatment", "recent amendment to pleadings requires additional discovery"].

Pursuant to local practice and Administrative Order [NUMBER], undersigned counsel certifies that [he/she/they] conferred with counsel for [OPPOSING PARTY] on [DATE]; [opposing counsel] [does not oppose/opposes] the relief requested.

3. MEMORANDUM OF LAW

A. Legal Standard

Fla. R. Civ. P. 1.460(a) states that a continuance may be granted only on a showing of good cause. Courts evaluate the diligence of the moving party, the reasons necessitating the continuance, prior continuances, and potential prejudice to the opposing party. See Fla. Power & Light Co. v. Hay, 764 So. 2d 689, 694 (Fla. 1st DCA 2000). Motions must be in writing, state the facts relied upon, and, when feasible, be accompanied by supporting affidavits.

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide a detailed factual narrative supporting the continuance, including dates, conflicts, and documentation.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Explain efforts undertaken to comply with current deadlines, mitigation steps, and why the requested continuance will not unduly prejudice other parties.]
3. Requested Relief. [// GUIDANCE: Propose a realistic new schedule, including revised deadlines for discovery, expert disclosures, and pretrial filings. Reference any applicable case management order under Fla. R. Civ. P. 1.200.]

4. AFFIDAVIT OF [ATTORNEY NAME]

STATE OF FLORIDA
COUNTY OF [COUNTY]

Before me, the undersigned authority, personally appeared [ATTORNEY NAME], who deposes and states:

1. I am counsel of record for [PARTY] in the above-styled action.
2. The [trial/hearing] is scheduled for [CURRENT DATE].
3. Good cause exists for a continuance because [set forth detailed facts].
4. This motion is made in good faith and not for purposes of delay.
5. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose the requested continuance.
6. Granting the continuance will not unduly prejudice any party.

FURTHER AFFIANT SAYETH NAUGHT.

[ATTORNEY NAME]

Sworn to and subscribed before me this ___ day of ____, 20__, by [ATTORNEY NAME], who [is personally known to me / produced identification].

Notary Public, State of Florida
My commission expires: ____

5. [PROPOSED] ORDER

IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA

[PLAINTIFF NAME],
Plaintiff,

v. Case No.: [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER ON MOTION FOR CONTINUANCE

Upon consideration of [MOVING PARTY]'s Motion for Continuance and being otherwise fully advised, it is ORDERED AND ADJUDGED:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. The Court’s Case Management Order is amended as follows:
   a. Discovery cutoff: [DATE]
   b. Expert disclosures (Plaintiff/Defendant): [DATE]
   c. Dispositive motions: [DATE]
   d. Pretrial compliance and motions in limine: [DATE]
3. The parties shall promptly notify all witnesses of the new schedule.

DONE AND ORDERED in [COUNTY] County, Florida, this ___ day of ____, 20__.

Circuit Court Judge

6. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida Courts E-Filing Portal and by [additional method, if any] on [DATE] to:

[List recipients]

[NAME OF DECLARANT]