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).FL. R. Gen. prac. Jud. Admin. 2.570
Amended effective 10/19/2023; Adopted by 288 So.3d 512, effective 1/1/2020.