What is a motion for continuance Florida?

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.

What are good reasons for a continuance?

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (Rule 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (Rule 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a …

What does motion for continuance mean in criminal case?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Why would a criminal case be continued?

Continuances are traditionally granted to allow the defendant additional time for procuring an absent witness, or other evidence necessary for the defense or the prosecution of the applicant’s case. There is a probability that the evidence will be forthcoming if the case is continued. (Case law reviewed)

When to file a motion for continuance in Florida?

A motion for continuance may be made only before or at the time the case is set for trial, unless good cause for failure to so apply is shown or the ground for the motion arose after the cause was set for trial. (4) Certificate of Good Faith. A motion for continuance shall be

Can a court order a continuance in a criminal case?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

What are the rules for pretrial motions in Florida?

RULE 3.190. PRETRIAL MOTIONS. (a) In General. Every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party. This requirement may be waived by the court for good cause shown.

What are the rules for motion to expedite in Florida?

(j) Motion to Expedite. On motion by the state, the court, in the exercise of its discretion, shall take into consideration the dictates of sections 825.106 and 918.0155, Florida Statutes (1995).

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