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by Practical Law Litigation. A sample motion for counsel to use if the court requires a written motion when seeking to continue or adjourn a hearing, trial, conference, or other proceeding in civil litigation.
Federal Rule of Civil Procedure (FRCP) 12 governs federal motions to dismiss. A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendants answer would have been due (see FRCP 12(b)).
(c) TIME TO RESPOND. A party may respond to a motion within fourteen days after service of the motion.
A motion for new trial or for rehearing shall be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10- day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
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Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
The judge decides what is good cause. Put all your reasons in the motion for a continuance because the judge may rule without a hearing.
What is the time to respond to motion to dismiss? The time for a response to a motion to dismiss in Florida will depend on the court. In general, the opposing party will have approximately two to three weeks to answer to a motion to dismiss.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge.
The judge decides what is good cause. Put all your reasons in the motion for a continuance because the judge may rule without a hearing.

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