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Fla. R. Gen. Prac. & Jud. Admin. 2.570

Parental-Leave Continuance

activein force · 2026-07-01 – presentact-effective-date

(a) Generally. Absent one or more of the findings listed in

subdivision (e) of this rule, a court shall grant a timely motion for

continuance based on the parental leave of the movant’s lead

attorney in the case, due to the birth or adoption of a child, if the

motion is made within a reasonable time after the later of:

(1) the movant’s lead attorney learning of the basis for

the continuance; or

(2) the setting of the specific proceeding(s) or the

scheduling of the matter(s) for which the continuance is sought.

(b) Content of Motion. A motion filed under this rule shall

be in writing and signed by the requesting party. The motion must

state all of the following:

(1) The attorney who is the subject of the motion is the

movant’s lead attorney.

(2) The facts necessary to establish that the motion is

timely.

(3) The scope and length of the continuance requested.

(4) Whether another party objects to the motion.

(5) Any other information that the movant considers

relevant to the court’s consideration of the motion.

(c) Presumptive Length. Three months is the presumptive

maximum length of a parental-leave continuance absent a showing

of good cause that a longer time is appropriate.

(d) Burden of Proof. If the motion is challenged by another

party that makes a prima facie demonstration of substantial

prejudice, the burden shall shift to the movant to demonstrate that

the prejudice to the requesting party caused by the denial of the

motion exceeds the prejudice that would be caused to the objecting

party if the requested continuance were granted.

(e) Court’s Discretion; Order. It is within the court’s sound

discretion to deny the motion or to grant a continuance different in

scope or duration than requested, if the court finds that:

(1) another party would be substantially prejudiced by

the requested continuance; or

(2) the requested continuance would unreasonably

delay an emergency or time-sensitive proceeding or matter.

The court shall enter a written order setting forth its ruling on the

motion and the specified grounds for the ruling.

(f) Criminal, Juvenile, and Involuntary Civil

Commitment of Sexually Violent Predators Cases. In a case

governed by the Florida Rules of Criminal Procedure, by the Florida

Rules of Juvenile Procedure, or by the Florida Rules of Civil

Procedure for Involuntary Commitment of Sexually Violent

Predators, a motion for continuance based on the parental leave of

the lead attorney is governed by rule 2.545(e) and by any applicable

Florida Rule of Criminal Procedure, Florida Rule of Juvenile

Procedure, or Florida Rule of Civil Procedure for Involuntary

Commitment of Sexually Violent Predators, rather than by this rule,

except that in a case governed by Part III of the Florida Rules of

Juvenile Procedure, a motion for continuance based on the parental

leave of the lead attorney is governed by Florida Rule of Juvenile

Procedure 8.240(d).

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
bfeb32cf5abc4a1933afc8cc13eb98501b633da80694d398a9ecc857f3d66c80
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