Small Claims Court Motion For Continuance
by Stephanie from Orlando, Florida, Orange County
How to file for a continuance / date change?
I understand it's a Motion?
What steps do I need to do?
Answer to Small Claims Court Question
Dear Stephanie,
What you need to do is to file what is called a Motion for Continuance.
It
includes the heading for the circuit and county; names of the Plaintiff
and Defendant; case number; the title is "Motion for Continuance".
Then request a continuance and give the reasons for your request.
File it with the clerk of court, and send a copy of the motion you file to the other party.
Below is a sample of the format for a common Motion for Continuance:
Sample Motion For Continuance
IN THE COUNTY COURT IN AND FOR ________ COUNTY, FLORIDA
County Civil .
Case No.:_________________
Plaintiff
VS.
Defendant
_____________________________/
MOTION FOR CONTINUANCE
COMES NOW the ___________________ and moves this Honorable Court to:
______________________________________________
______________________________________________
______________________________________________
The reason for this request is:
______________________________________________
______________________________________________
______________________________________________
I
HEREBY CERTIFY that a copy hereof has been furnished by _______ mailed;
______faxed and mailed; ______ hand delivered; to the persons listed
below on _________ day of __________ 20 ____.
Other Party:________________________
Name:____________________________
Address:__________________________
City State Zip:______________________
Telephone No.______________________
Dated: _________________
_________________________________
Your Signature
Printed Name: _____________________
Address: _____________________
City State Zip: _____________________
Telephone No.: _____________________
Just copy and paste the above into your word processor or text editor, format it to your liking and fill in the blanks.
Be sure to provide the required 1 inch margins on all sides before printing. The clerk may reject your form if the margins are not correct.
If you prefer, US Legal publishes this professionally prepared Motion for Continuance and Notice of Motion forms packet.
Legal Advice and Florida Court Forms
Notice: We provide these answers
to the general public and our website visitors as a means to further
their online legal research. These answers are merely suggestions and
should not be regarded as legal advice.
Reader Comments
Motion for Date Change Small Claims
by: Anonymous from Orlando, Florida, Orange County
How to file a motion for a date change on a small claims court
date. Small claims case - venue got changed to Brevard Co from Orange.
Case was dismissed in error -now that I got it cleared up and they sent
me a date for Brevard. I am going to be out of state working on that
date. What form, back up, etc do I need to request a date change?
--Contact
the clerk of court in Brevard County and explain your situation. Small
claims rules vary by county and you may or may not need to file a formal
motion to reschedule a hearing.
It might be easiest to
coordinate a hearing date or possible dates with the other party, if
possible, then contact the clerk of court to request a new court date.
Check the Brevard County Clerk of the Court's website for their
published small claims forms. --Staff
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