In re Amendments to the Florida Rules of Judicial Administration—Parental Leave

Summary

The Supreme Court of Florida adopted new Florida Rule of Judicial Administration 2.570, governing continuances based on the parental leave of a lead attorney. The rule generally requires timely parental-leave continuances, establishes a presumptive maximum duration of three months, and excludes specified criminal, juvenile, and sexually violent predator commitment proceedings from its requirements.

Holdings

1. The court adopted new Florida Rule of Judicial Administration 2.570, governing continuance motions based on the parental leave of a movant's lead attorney due to the birth or adoption of a child.
2. Absent one or more specified findings, a court must grant a timely written motion for a continuance based on the parental leave of the movant's lead attorney, subject to the rule's timing, content, prejudice, duration, and exception provisions.
3. The new rule does not govern parental-leave continuance motions in criminal, juvenile, or involuntary civil commitment proceedings involving sexually violent predators; those motions are governed by the applicable procedural rules, with juvenile dependency and termination-of-parental-rights proceedings governed by Florida Rule of Juvenile Procedure 8.240(d).

Questions Presented

1. Whether the Florida Supreme Court should adopt a new Florida Rule of Judicial Administration governing continuances based on the parental leave of a lead attorney.
2. What requirements, presumptive duration, burden of proof, judicial discretion, and exceptions should govern parental-leave continuance motions.

Disposition

approved