How Do I Get a Continuance in Florida?

Full Question:

I need immediate assistance for an extension on a PFA case against me with court 9/10. My husband has unfairly accused me. He has left me homeless and peniless. Has used the courts to his favor.
09/08/2009   |   Category: Civil Actions   |   State: Florida   |   #18519

Answer:

A motion for continuance may be used to request an extension of time from the court, such as to file a responsive pleading. In the body of the motion, the facts are succinctly stated, such as the date the action was filed, the currently scheduled date of the hearing, and the reason for requesting additional time, such as the need to obtain legal representation. The motion may state the reason for the inability to obtain counsel, such as absence from the jurisdiction, and that the motion is not being made for purposes of delay, but to prevent injustice. The court may deny the motion if it finds the failure to obtain counsel is due to unreasonable delay, lack of diligence, or neglect on behalf of the moving party.

The final paragraph is called the prayer for relief, in which the moving party respectfully requests that the court grant a continuance for the matter scheduled on a particular date, and is signed by the party or their attorney. Typically, a notice of motion and certificate of service follows. It is also possible to file a stipulated motion when the other party or their attorney has agreed to the continuance. I suggest calling the clerk of court, as local court rules regarding motions for continuance vary by court.

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