Rule 2.514. (a)(2)(C) shall not apply and the statutory time period shall govern

RULE 2.514. (a)(2)(C) shall not apply and the statutory time period shall govern

(b)

Enlargement of Time. When by these rules, by a notice given under

them, or by order of court an act is required or allowed to be done at or within a

specified time, the court for good cause shown, within the limits established by

law, and subject to the provisions of subdivision (d) of this rule, may, at any time,

in its discretion (1) with or without notice, order the period enlarged if a request is

made before the expiration of the period originally prescribed or as extended by a

previous order, or (2) on motion made and notice after the expiration of the

specified period permit the act to be done when the failure to act was the result of

excusable neglect. The court may not, except as provided by law or elsewhere in

these rules, extend the time for making a motion for new trial, for rehearing, or

vacation of judgment, or for taking an appeal. This rule shall not be construed to

apply to shelter hearings.

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(c)

Time for Service of Motions and Notice of Hearing. A copy of any

written motion that may not be heard ex parte and a copy of the notice of hearing

shall be served a reasonable time before the time specified for the hearing.

(d)

Continuances and Extensions of Time.

(1)

A motion for continuance, extension, or waiver of the time

standards provided by law and found in this rule shall be in writing and signed by

the requesting party. On a showing of good cause, the court shall allow a motion

for continuance or extension to be made ore tenus at any time during the

proceedings.

(2)

A motion for continuance, extension, or waiver of the time

standards provided by law shall not be made in advance of the particular

circumstance or need that would warrant delay of the proceedings.

all be in writing and signed by

the requesting party. On a showing of good cause, the court shall allow a motion

for continuance or extension to be made ore tenus at any time during the

proceedings.

(2)

A motion for continuance, extension, or waiver of the time

standards provided by law shall not be made in advance of the particular

circumstance or need that would warrant delay of the proceedings.

(3)

A motion for continuance, extension, or waiver of the time

standards provided by law shall state all of the facts that the movant contends

entitle the movant to a continuance, extension, or waiver of time including:

(A)

the task that must be completed by the movant to

preserve the rights of a party or the best interests of the child who is the subject of

the proceedings;

(B)

the minimum number of days absolutely necessary to

complete this task; and

(C)

the total number of days the proceedings have been

continued at the request of any party within any 12-month period.

(4)

These time limitations do not include the following:

(A)

Periods of delay resulting from a continuance granted at

the request of the child’s counsel or the child’s guardian ad litem or, if the child is

of sufficient capacity to express reasonable consent, at the request of or with the

consent of the child.

(B)

Periods of delay because of unavailability of evidence

that is material to the case if the requesting party has exercised due diligence to

obtain the evidence and there are substantial grounds to believe that the evidence

will be available within 30 days. However, if the requesting party is not prepared

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to proceed within 30 days, any other party may move for issuance of an order to

show cause or the court on its own motion may impose appropriate sanctions,

which may include dismissal of the petition.

(C)

Periods of delay to allow the requesting party additional

time to prepare the case and additional time is justified because of an exceptional

circumstance

he requesting party is not prepared

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to proceed within 30 days, any other party may move for issuance of an order to

show cause or the court on its own motion may impose appropriate sanctions,

which may include dismissal of the petition.

(C)

Periods of delay to allow the requesting party additional

time to prepare the case and additional time is justified because of an exceptional

circumstance.

(D)

Reasonable periods of delay necessary to accomplish

notice of the hearing to the parent or legal custodian.

(5)

Notwithstanding subdivision (4), proceedings may not be

continued or extended for more than a total of 60 days for all parties within any 12-

month period. A continuance or extension of time standards beyond 60 days in any

12-month period may be granted only on a finding by the court of extraordinary

circumstances and that the continuance or extension of time standards is necessary

to preserve the constitutional rights of a party or that there is substantial evidence

demonstrating that the child’s best interests will be affirmatively harmed without

the granting of a continuance or extension of time.