Florida Rules of Civil Procedure

Civil Procedure

Rule 1.090 – TIME

(a)Computation. Computation of time shall be governed by Florida Rule of Judicial Administration 2.514.
(b)Enlargement.

(1)In General. When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion;

(A) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or
(B) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect.
(2)Exceptions. The court may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict.
(c)Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding shall not be affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any action which is or has been pending before it.
(d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.

FL. R. Civ. P. 1.090

Amended by 292 So. 3d 660, effective 1/1/2020; amended by 95 So.3d 96, effective 10/1/2012; amended by 391 So.2d 165, effective 1/1/1981.