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Ch 1, p.50 CIVIL PROCEDURE December 2010
continuance be granted for purposes of avoiding imposition of this fee. Fees so collected shall be
remitted by the clerk to the treasurer of state to be deposited in the general fund of the state.
[Report 1984; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
January 7, 2010, effective March 8, 2010; November 30, 2010, effective January 28, 2011]
Rule 1.910 Motions for continuance.
1.910(1) Motions for continuance shall be filed without delay after the grounds therefor become
known to the party or the party’s counsel. Such motion may be amended only to correct a clerical
error.
1.910(2) No case assigned for trial shall be continued ex parte. All motions for continuance in a
case set for trial shall be signed by counsel, if any, and approved in writing by the party represented,
unless such approval is waived by court order.
[Report 1943; February 13, 1986, effective July 1, 1986; November 9, 2001, effective February 15, 2002]
Rule 1.911 Causes for continuance.
1.911(1) A continuance may be allowed for any cause not growing out of the fault or negligence
of the movant, which satisfies the court that substantial justice will be more nearly obtained. It shall
be allowed if all parties so agree and the court approves.
1.911(2) All such motions based on absence of evidence must be supported by affidavit of the
party, the party’s agent or attorney, and must show the following:
a. The name and residence of the absent witness, or, if unknown, that affiant has used diligence to
ascertain them.
b. What efforts, constituting due diligence, have been made to obtain the witness or the witness’
testimony, and facts showing reasonable grounds to believe the testimony will be procured by a
certain, specified date.
c. What particular facts, distinct from legal conclusions, affiant believes the witness will prove,
affiant believes the facts to be true, and affiant knows of no other witness by whom the facts can be
fully proved.
1.911(3) If the court finds such motion sufficient, the adverse party may avoid the continuance by
admitting that the witness if present, would testify to the facts therein stated, as the evidence of such
witness.
[Report 1943; amendment 1961; amendment 1980; October 31, 1997, effective January 24, 1998; November
9, 2001, effective February 15, 2002]
Rule 1.912 Objections; ruling; costs. The adverse party may at once, or within such reasonable
time as the court allows, file specific written objections to the motion for continuance, which shall
be part of the record. Where the defenses are distinct, the cause may be continued as to any one or
more defendants. Every continuance shall be at the cost of the movant unless otherwise ordered by
the court.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.913 Consolidation. Unless a party shows the party will be prejudiced thereby the court may
consolidate separate actions which involve common questions of law or fact or order a single trial of
any or all issues therein. In such cases it may make such orders concerning the proceedings as tend
to avoid unnecessary cost or delay.
[Report 1943; amendment 1955; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rule 1.914 Separate trials. In any action the court may, for convenience or to avoid prejudice,
order a separate trial of any claim, counterclaim, cross-claim, cross-petition, or of any separate issue,
or any number of any of them. Any claim against a party may be thus severed and proceeded with
separately.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.915 Impaneling jury.
1.915(1) Selection. At each jury trial a person designated by the court shall select 16 jurors by
drawing their names from a box without seeing the names. All jurors so drawn shall be listed.
Computer selection processes may be used instead of separate ballots to select jury panels. Before