The 76-year-old singer and his son Sean, 40, have been charged with simple battery following an alleged incident on New Year’s Eve 2019 at a luxury hotel in Palm Beach.
Security guard Jessie Dixon claims Sir Rod punched him in the ribs during a row over access to a private party in a children’s area at the Breakers Palm Beach Hotel.
Sean Stewart is said to have got “nose to nose” with Mr Dixon. Both men deny the charge.
During a brief hearing held over Zoom on Friday, a lawyer for Sir Rod and his son said the issue holding the case up could be resolved as soon as today, but did not give further details.
Guy Fronstin said: “Since the last hearing, the state and defence have worked really hard to resolve this. At today’s hearing it’s unfortunately not going to happen.
“There’s one issue that needs to be buttoned up, I think it’s going to be resolved today, we’re due to get paperwork done.”
Judge August Bonavita set a May 28 court date for a calendar call hearing.
Sir Rod and his oldest son Sean were not on the Zoom call. They were charged in January 2020.
Mr Dixon, who was named in police documents, alleges they were part of a group attempting to get into a private party in a children’s area.
When asked to leave, it is alleged Sir Rod and his group “began to get loud and cause a scene” before Sean got “about nose to nose” with Mr Dixon.
The security guard claimed that Sean Stewart shoved him backwards after he put the back of his right hand on his chest, and that Sir Rod then stepped towards him and punched him in the ribs.
Sir Rod has been married to model Penny Lancaster, 50, since 2007.