Rule 1.910.Motions for continuance
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.910
Plain-English Summary
Rule 1.910 sets the ground rules for asking to push back a trial date. Once the grounds for a continuance become known to a party or the party's counsel, the motion has to be filed without delay — sitting on a known basis for continuance is not an option, and once filed, the motion can only be amended to correct a clerical error, not to add new grounds later.
The rule also closes off a shortcut that would let a lawyer secure a continuance behind closed doors: no case assigned for trial can be continued ex parte. Every motion for a continuance in a case already set for trial has to be signed by counsel, if the party has one, and approved in writing by the party being represented — a real signature from the client, not just a statement it was discussed.
That approval requirement is not absolute. The court can waive it by order, which gives flexibility for situations where getting the client's written sign-off is not practical, without opening the door to continuances nobody outside the courtroom knows about.
Frequently Asked Questions
How quickly do I have to file a motion for continuance once I know I need one?
Rule 1.910(1) requires the motion to be filed without delay after the grounds for it become known to the party or the party's counsel.
Can I amend my continuance motion later to add new grounds?
No. Rule 1.910(1) limits amendments to correcting a clerical error, not adding grounds that were not in the original motion.
Can my lawyer get a continuance for a set trial without my written approval?
Generally no. Rule 1.910(2) requires the motion to be signed by counsel, if any, and approved in writing by the represented party, unless the court waives that approval by order.
Can a judge grant a continuance in an ex parte conversation with one side?
No. Rule 1.910(2) states that no case assigned for trial shall be continued ex parte.
What can the court waive regarding continuance motions?
Rule 1.910(2) allows the court to waive the requirement that the represented party approve the motion in writing, by court order.