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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Urgent question on FLORIDA RCP. Is there a specific FL RCP

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Urgent question on FLORIDA RCP. Is there a specific FL RCP Rule that pertains to making a motion for the purpose of requesting a continuance to obtain new counsel in my civil case. i.e. to: make the Motion pursuant to XXX Rule of Fla RCP ?

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

To my knowledge Florida does not have a specific rule that permits automatic continuance to replace an attorney. You would need to make a motion pursuant to Rule 1.460, Florida Rules of Civil Procedure for continuance. In the motion itself you would specify the reason why you need to obtain new counsel and that if you don't it will prejudice you. You should also indicate that such continuance will not prejudice the other side.

Customer:

Actually, our atty. motioned to withdraw. And if we do not oppose withdrawal... then at the hearing we would present our reasons for asking for extended time to secure new counsel including reasons that the timeframe would not prejudice the other side, etc. Question is

Customer:

Question is... is there a rule pertaining to making our oral argument/motion. Judge will ask us if we oppose the withdrawal and in saying No. and we would like X amount of time... etc. Do we make a "motion" pursuant to X FL Rule to do this?

BizIPEsq. :

If this is part of an oral hearing then you generally do not need to cite a rule (although you can site the rule I noted above) as the judge will simply enter his/her decision in the record to give you a continuance. If the judge wants a written motion for some reason then use the info above.

BizIPEsq. :

BTW, don't be afraid to respectfully XXXXX XXXXX more time thsan the judge gives you.

BizIPEsq. :

I trust this answered your question

Customer:

Im trying to find question! ;) I had replied... was waiting...

Customer:

OK just found! thank you!

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