Florida Summary Judgment Timeline Under Rule 1.510

The standard

The court must grant summary judgment if the movant shows there is no genuine dispute as to any material fact and is entitled to judgment as a matter of law. The court must state its reasons on the record when it grants or denies the motion, and the rule is to be construed and applied in accordance with the federal summary judgment standard (Rule 1.510(a)). The court's notes point to the Celotex, Anderson and Matsushita decisions as the source of that standard.

The timeline

1. Earliest filing: a party may move at any time after 20 days from commencement of the action, or after service of an adverse party's summary judgment motion. The movant must file and serve consistent with any court-ordered deadlines, which the case management order must set.
2. Day 0, motion served: at the time of filing, the movant also serves its supporting factual position.
3. Day 40, response due: no later than 40 days after service of the motion, the nonmovant serves a response that includes its own supporting factual position.
4. Hearing: unless the parties stipulate or the court orders otherwise, the hearing must be set at least 10 days after the response deadline, so no earlier than day 50 on the default schedule.

Count the periods under Rule 2.514. Conferral under Rule 1.202 is not required before a summary judgment motion.

Supporting the facts

• A party asserting that a fact cannot be, or is genuinely, disputed must cite particular parts of the record, such as depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions or interrogatory answers, or show that the cited materials do not establish the absence or presence of a dispute or that an adverse party cannot produce admissible evidence.
• A party may object that cited material cannot be presented in a form that would be admissible in evidence.
• Affidavits and declarations must be made on personal knowledge, set out facts that would be admissible and show the person is competent to testify.
• The court need consider only the cited materials, though it may consider others in the record.

When the record is incomplete

• If a nonmovant shows by affidavit or declaration that it cannot yet present facts essential to its opposition, the court may defer or deny the motion, allow time for affidavits or discovery, or issue another appropriate order.
• If a party fails to properly support or address a fact, the court may give an opportunity to fix it, treat the fact as undisputed, grant the motion if the record supports it, or issue another order.
• After notice and a reasonable time to respond, the court may grant summary judgment for a nonmovant, grant it on grounds the parties did not raise, or consider it on its own initiative.
• A court that does not grant all relief requested may enter an order stating facts that are not genuinely in dispute.
• Declarations submitted in bad faith or solely for delay can lead to an award of expenses, including attorney's fees, and other sanctions.

This page reflects Rule 1.510 as published with its January 1, 2025 amendment. General information for Florida practitioners, reviewed in October 2026. It is not legal advice. Rules and case management orders change, so confirm against the current text and your court's orders before relying on it.

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