Florida Judicial Administration Rule 2.570
RULE 2.570. PARENTAL-LEAVE CONTINUANCE
(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).
(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).