Florida Rule 1.510 — Summary Judgment

The correct deadline is 40 days. Here is why there is confusion.

Two different numbers appear in published summaries of the 2025 Florida civil procedure amendments:

• 60 days — from the original SC2024-0662 opinion dated May 23, 2024
• 40 days — from the further amendment to SC2024-0662, issued December 5, 2024

The December further amendment superseded the May original on the response deadline. Published summaries written before December 5, 2024, or based on the original May opinion, say 60 days. Those summaries are outdated. The correct deadline is 40 days.

The full timing framework under Rule 1.510:

• The nonmoving party's response is due no later than 40 days after service of the motion
• The hearing must be scheduled for a date at least 10 days after the response deadline (Rule 1.510(c)(6))
• The motion must be filed consistent with any court-ordered deadlines

Before vs. after: Before 2025: response was due 20 days before the scheduled hearing date. The hearing date was the trigger — meaning a non-movant could indirectly delay by not agreeing to a hearing date. After January 1, 2025: the 40-day clock starts the day the motion is served, regardless of when a hearing is scheduled.

What this means in practice: Defendants cannot slow-walk summary judgment responses by delaying the hearing schedule. The response deadline is fixed at service + 40 days.

The standard: The court shall grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Florida's standard was aligned with the federal standard (FRCP 56) in 2021 and the 2025 amendments did not change the substantive standard.

Burden of proof:

1. Movant goes first: identify why entitled to judgment as a matter of law
2. If movant meets that burden: shifts to non-movant to show a genuine issue of material fact
3. 'Genuine' means a reasonable jury could return a verdict for the non-moving party

Rule 1.510(c)(1) — The response must be specific: The non-movant must respond to each material fact asserted by the movant and cite to specific parts of the record. A general denial that 'facts are disputed' will not defeat the motion.

Rule 1.510(c)(5) — Response deadline: The nonmovant must serve a response no later than 40 days after service of the motion for summary judgment.

Rule 1.510(c)(6) — Hearing timing: Any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.

Rule 1.510(d) — Supporting factual positions: Both sides must support factual assertions by citing to particular parts of the record: depositions, documents, ESI, affidavits, declarations, interrogatory answers, admissions.

Affidavits and declarations must: (a) be made on personal knowledge; (b) set out facts that would be admissible in evidence; and (c) show the affiant is competent to testify on the matters stated.

Rule 1.202 does not apply to summary judgment: Summary judgment is explicitly exempt from the meet-and-confer requirement. No Certificate of Conferral is needed on a summary judgment motion.

CMO alignment: The motion must be filed consistent with any court-ordered deadlines. The CMO deadline for SJ motions controls — it runs earlier than, and is separate from, the 40-day response period.