How do I request a stay of proceedings in small claims court?

If you are a defendant in a small claims court case in Florida and you need more time to prepare your case, you can request a stay of proceedings. A stay of proceedings is a pause in the proceedings of the case that is granted by the court. To request a stay of proceedings in a small claims court in Florida, you must fill out a form called a “Motion for Stay of Proceedings.” This motion must be filled out completely and accurately. You should include information about why you need the stay, as well as the length of the stay you are requesting. You must take the Motion for Stay of Proceedings to the clerk of the court that is handling your case and ask for it to be filed. Once the Motion for Stay of Proceedings is filed, you must serve it on the other party or parties in your case. This can be done in person or through certified mail. After the Motion for Stay of Proceedings has been served, you should provide proof of service to the clerk of court. Once the clerk has received proof of service, the clerk will give the motion to the judge assigned to the case. The judge will review your Motion for Stay of Proceedings and consider the reasons you have given for needing the stay. The judge may grant the motion and issue a stay of proceedings, or the judge may deny the motion. If the judge grants the stay, the proceedings of the case will be paused for the amount of time specified in the motion.

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