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8 verbatim requirements on continuances.
Second Judicial Circuit — Francis J. "Frank" Allman only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. • Hearings may be recessed and continued if the allotted time expires before the hearing is concluded; • the movant has consulted with opposing Counsel regarding convenient hearing dates after receiving available dates from the JA. • Page 6 of 14 Revised 3/12/26 2.7 Cancellation of Hearings If your hearing is cancelled or rescheduled, all attorneys are tasked with notifying the JA as soon as possible so that the Judge may turn his attention to other matters. • SECTION 5 – CONTINUANCES 5.1 Motions to Continue Trials, VOP Hearings, Sentencing, Etc. • Motions to continue a trial, violation of probation (VOP) hearing, sentencing, and specially set hearings must be in writing and if necessary scheduled for hearing before the date of the matter sought to be continued. • In Criminal cases, motions to continue a trial after the Final Pre-Trial Conference or to continue a VOP hearing on the date of the hearing, are strongly discouraged and will be carefully reviewed. • 5.2 Motions to Continue Other Hearings Motions to continue other hearings must be in writing, must identify the reason(s) for continuance and the position of opposing Counsel, must state the status of speedy trial (in criminal cases), must state the number of times the party has previously moved for a continuance, and must be scheduled for hearing before the date of the matter sought to be continued. • Additionally, the Court, in its discretion, may rule on opposed motions to continue without a hearing. • Please note: Despite all expectations that a case may be resolved with a plea, Counsel are strongly cautioned not to cancel witnesses or cease trial preparation in expectation that a defendant will enter a plea, as the failure of an expected plea to occur will not be grounds for a continuance.
Hearings may be recessed and continued if the allotted time expires before the hearing is concluded; • the movant has consulted with opposing Counsel regarding convenient hearing dates after receiving available dates from the JA.
Reviewer note: Source sha256: 2ab05b9dacdaf48f1b5cc88e3e981c2119162c68604ac35bed84ec0fd85194c3. Corpus categories: continuances. Published during the 2026-07-24 completeness pass.
Florida follows the federal summary-judgment standard. The motion must be served at least 40 days before the hearing; the nonmovant's response is due no later than 20 days before the hearing.
How Florida procedural deadlines are computed: exclude the trigger day; count every day for periods of 7 days or more; for periods under 7 days, skip intermediate weekends and legal holidays; roll forward when the last day is a weekend or holiday.
Judge Siperstein requires every motion to be set within 5 days of filing and heard within 60 days, or it may be deemed abandoned.