Legal Question in Family Law in Florida
Do i have to file a continuance when the judge recess my default judgement hearing, (motion to vacate default judgement) because i did not provide a transcript of the hearing ,and i should not set another hearing untill i have a copy of the transcript .When i requested he transcript,and told the court reporter that the judge recessed the hearing untill i can provide a copy of the hearing from the default judgement, he said he will have to file a continuance because it will take a fue weeks ,do i still have to file a continuance,and How long is the recess ?
1 Answer from Attorneys
I'm assuming the Judge took off calendar the Default Judgment hearing on his own because you did not provide a transcript of the hearing. Normally, you wouldn't need to file a Motion for Continuance unless the Judge already reset the hearing and you want to request additional time to comply with Judge's request for the transcript. Otherwise, I would just wait until Judge resets the hearing and see progress of court reporter at that time. I would check with Judge's assistant re: time frames for continuances because each Judge has specific requirements as far as advance notice.
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