Introduction
Summary judgment can end a Florida case, a single claim, a defense, or one discrete issue without a trial. It also punishes sloppy calendaring. A missed deadline or a response that "waves at the record" can cost a party the motion.
Florida's current framework sits in Rule 1.510, which tracks the federal standard and carries new timing provisions effective January 1, 2025. This article covers the legal standard, the deadlines, evidence requirements, and how to respond.
Always verify the latest rule text, the court's orders, and your case-specific deadlines before relying on any summary here.
Key Takeaways
- Rule 1.510 turns on genuine disputes of material fact and entitlement to judgment as a matter of law.
- Respond within 40 days of service; hearings are generally set at least 10 days after that deadline.
- Motions and responses must cite specific record materials presentable in admissible form.
- Late filings, vague responses, and unpreserved objections weaken your position.
What Florida Rule 1.510 Requires
What a Summary Judgment Motion Is
Summary judgment is a pretrial, potentially dispositive motion. The movant must identify each claim or defense, or the part of each, on which it seeks judgment. Full summary judgment resolves the whole case. Partial summary judgment resolves a claim, a defense, or part of one.
Do not confuse Rule 1.510 with neighboring rules. Rule 1.420 addresses dismissal of actions, and Rule 1.220 governs class actions. Neither is an alternative route to summary judgment.
The Current Legal Standard
Rule 1.510(a) says the court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." The court must also state its reasons on the record, whether it grants or denies the motion. The rule directs courts to apply the federal standard.
The Florida Supreme Court adopted that standard effective May 1, 2021, embracing Celotex, Anderson v. Liberty Lobby, and Matsushita. The key question is whether the evidence would permit a reasonable jury to find for the nonmovant. A "scintilla of evidence" is not enough, and speculation does not create a dispute.
In Rich v. Narog (3d DCA 2022), the court put it plainly: conclusory allegations without specific supporting facts have no probative value.
Burden of Proof and Evidentiary Review
The burden follows the trial burden:
- A movant who bears the burden at trial must establish its position with record evidence.
- A movant who does not bear that burden can point to an absence of evidence and need not disprove the opponent's case.
In Coury v. City of Tampa (2d DCA 2024), the City won by identifying specific evidentiary gaps after discovery.
The nonmovant must then point the court to specific record evidence showing a genuine dispute. The court reviews the record and draws reasonable inferences, but it does not weigh credibility as it would at trial. Weighing evidence remains a jury function.
Florida Summary Judgment Deadlines and the 2025 Amendments
Current Rule 1.510 Timing Requirements
The current rule has three timing provisions that matter most:
- Rule 1.510(b): A party may move "at any time after the expiration of 20 days from the commencement of the action," and "must file and serve the motion for summary judgment consistent with any court-ordered deadlines."
- Rule 1.510(c)(5): The movant must serve its supporting factual position when it files. The nonmovant must serve a response "no later than 40 days after service of the motion."
- Rule 1.510(c)(6): A hearing must be set at least 10 days after the response deadline, unless the parties stipulate or the court orders otherwise.
That last exception concerns the hearing interval. It is not an automatic extension of the response deadline.
Review the case management order, division procedures, standing orders, and any stipulation modifying these defaults. Local rules can be stricter. Broward's Administrative Order 2025-24-Civ, for example, requires summary judgment motions no later than 90 days before Calendar Call.
Old Versus Current Deadlines
The former rule measured backward from the hearing. Before May 2021, the motion was due at least 20 days before the hearing. The 2021 amendment required the motion at least 40 days before the hearing and the response at least 20 days before it.
The current framework measures primarily from service and court-ordered deadlines. The Florida Supreme Court's December 5, 2024 order (No. SC2024-0662) made the change effective January 1, 2025, for motions filed on or after that date.
A 60-day response period announced in May 2024 was superseded before it took effect.
Be careful with older articles and case law. Many decisions apply the hearing-based deadlines, so check when your motion was filed.
Building a Reliable Deadline Calendar
- Record the date and method of service.
- Count 40 days from service under Rule 1.090 and Rule 2.514. Counting starts the next non-weekend, non-holiday day, and an ineligible last day rolls forward.
- Add five days only if service was by mail. Email service gets no extra time.
- Confirm any court-ordered motion deadline.
- Set the earliest hearing date at least 10 days after the response deadline.
- Check local filing and hearing procedures.
Portal e-service under Rule 2.516 is complete on filing for listed recipients, and email service is complete when sent.
Late Motions, Late Evidence, and Procedural Objections
In Beaches MRI v. Safeco (4th DCA 2024), the court reversed because the motion was filed seven days before the hearing and the affidavit one day before. A lack of prejudice did not excuse the violation absent extraordinary circumstances.
That case applied the former hearing-based regime, but its reasoning on mandatory deadlines remains instructive.
If you face a late motion or late evidence, your options include:
- Move to strike
- Object clearly on the record
- Request a continuance or deferral under Rule 1.510(d)
Rule 1.510(d) requires an affidavit or declaration explaining why essential facts cannot yet be presented.
In Davidovich v. Lippoff (3d DCA 2026), the court reiterated that the affidavit must identify the evidence, its availability, its relevance, and your efforts to obtain it. Attorney argument alone is a weak substitute.
How to Prepare and Respond to a Motion for Summary Judgment
Preparing the Moving Party's Motion
Start by identifying the exact claim, defense, or issue. Map the legal elements, then state precisely what relief you want, whether full or partial judgment.
Include:
- Material facts, each tied to a record citation
- Legal authority
- Affidavits or declarations, depositions, admissions, interrogatory answers, documents, and electronically stored information
Rule 1.510(c)(1) requires "citing to particular parts of materials in the record." You may also show that the cited materials do not establish a dispute, or that the opponent cannot produce admissible evidence.
Responding to the Motion
Work fact by fact. For each material assertion, state whether it is disputed, cite the specific record evidence, and explain why the dispute could change the outcome.
A good response does more than say "denied." It should:
- Identify admissible evidence
- Challenge unsupported or inadmissible materials under Rule 1.510(c)(2)
- Answer the movant's legal theory
- Request the specific relief sought
The response is mandatory. In Lloyd S. Meisels, P.A. v. Dobrofsky (4th DCA 2022), the court wrote: "There is no wiggle room in the word 'must.'"
Evidence, Discovery, and Affirmative Defenses
Material cited for or against a fact must be capable of presentation in admissible form. Under Rule 1.510(c)(4), an affidavit must rest on personal knowledge, set out admissible facts, and show the affiant is competent to testify.
Watch for these foundation problems:
- Hearsay: Section 90.802 makes it inadmissible unless a statute provides otherwise.
- Authentication: Section 90.901 requires support for the claim that an item is what its proponent says it is.
- Expert testimony: Section 90.702 requires qualified experts, sufficient facts, and reliable methods.
Affirmative defenses raise a pleading question and an evidentiary one. Under Rule 1.100(a), a party seeking to avoid an affirmative defense must file a reply containing the avoidance.
At summary judgment, the burden follows the trial burden: whoever would carry it at trial must support its position with record evidence. Research the specific defense and posture before filing.
Hearing Preparation and Record Preservation
Prepare a concise statement of the ruling you want, the key disputed or undisputed facts, answers to evidentiary objections, and the controlling authorities already cited in your papers.
Preserve your objections to untimely service, inadequate notice, missing evidence, improper legal grounds, and insufficient findings. Under Rule 1.510(c)(3), the court need consider only the cited materials, so arguments and evidence outside the motion and response may not be considered.
Organizing High-Volume Claim Files
Defense teams with large files face a volume problem before they face a legal one. A secure, defense-focused platform such as OraClaim can ingest and classify medical records, statements, and reports into a navigable structure and extract key dates, injuries, and events.
It operates as a closed, access-restricted system designed to preserve privilege and work-product protection.
Tools only organize. Counsel must verify every source, perform the legal analysis, approve every citation, and make all filing decisions. Florida's amended Rule 2.515(d)(2) certification now requires signers to represent that cited authorities exist and are accurately cited.
Common Mistakes and What Happens After a Ruling
Common Mistakes
- Relying on outdated guidance. Former hearing-based deadlines and the old 60-day response window no longer control timing.
- Ignoring court orders. A case management order or local administrative order can override your assumptions.
- Assuming no prejudice excuses lateness. Beaches MRI says otherwise.
- Failing to respond. Under Rule 1.510(e), the court may treat properly supported facts as undisputed or enter another appropriate order.
Nonresponse is not an automatic win for the movant. In Haramis v. Craft (4th DCA 2026), the court struck untimely response materials but held that a trial court "may not simply enter judgment for the moving party because the other party failed to timely respond." It reversed part of the judgment for insufficient merits support.
Possible Outcomes and Next Steps
The court may:
- Grant full or partial summary judgment
- Deny the motion, defer ruling, or allow more discovery
- Order further proceedings
Under Rule 1.510(f) and (g), it may also rule for a nonmovant, rule on grounds the movant did not raise (after notice), or establish undisputed facts when it grants less than full relief.
Post-ruling deadlines depend on the order:
- Appeals: Rule 9.110 ordinarily requires notice within 30 days of rendition of a final order. Partial summary adjudication is not automatically appealable.
- Rehearing: Rule 1.530 sets a 15-day window after filing of a judgment in a nonjury action, or after a verdict in a jury action.
Verify the current rules and the nature of the order before acting.
Frequently Asked Questions
How long do you have to file a response to a motion for summary judgment in Florida?
Under Rule 1.510(c)(5), the response is due no later than 40 days after service of the motion. Check court-ordered deadlines, the motion's filing date, and any exceptions.
How do you respond to a motion for summary judgment?
Address each material fact, cite admissible record evidence, and answer the legal grounds. Raise procedural and evidentiary objections and request specific relief.
What needs to be included in a motion for summary judgment?
Identify the claim or defense at issue, the legal grounds, and the material facts with record citations. Include the relief requested and any local formatting requirements.
Do you have to reply to affirmative defenses in Florida?
A party seeking to avoid an affirmative defense must file a reply under Rule 1.100(a). That pleading reply is separate from a summary judgment response, so check the pleadings and court orders.
What type of motion is a motion for summary judgment?
It is a pretrial, potentially dispositive motion. It can seek judgment on an entire case, claim, defense, or discrete issue without trial when Rule 1.510's standard is met.
What are the new rules for motion for summary judgment in Florida?
Effective January 1, 2025, motions must follow court-ordered deadlines, responses are due 40 days after service, and hearings must be at least 10 days after the response deadline. Confirm against the latest official Rule 1.510 text.
