How long does a party have to respond to a Florida motion for summary judgment?

No later than 40 calendar days after service of the motion, the nonmovant must serve a response that includes its own supporting factual position (Fla. R. Civ. P. 1.510(c)(5)).

Does the Florida summary judgment response deadline run from service of the motion or from the hearing date?

From service of the motion. Effective January 1, 2025, Florida Rule of Civil Procedure 1.510(c)(5) sets the response deadline at 40 calendar days after service, not a fixed number of days before a hearing. Anyone relying on the older, pre-2025 practice of counting backward from a hearing date will miscalculate.

How soon after the response deadline can a Florida court hold the summary judgment hearing?

Any hearing on the motion must be set for a date at least 10 calendar days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise (Fla. R. Civ. P. 1.510(c)(6)).

What standard does a Florida court use to decide a motion for summary judgment?

Effective May 1, 2021, Florida adopted the federal summary judgment standard by name: the court must 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 (Fla. R. Civ. P. 1.510(a)). This replaced Florida's older, more lenient 'slightest doubt' standard.

Can a party get partial summary judgment in Florida?

Yes. Florida Rule of Civil Procedure 1.510(a) lets a party move for summary judgment on an entire claim or defense, or only part of one, without a requirement that the partial motion completely dispose of a whole claim. The rule also lets a movant show that the adverse party cannot produce admissible evidence to support a fact, without a separately named no-evidence motion (Fla. R. Civ. P. 1.510(c)(1)(B)).

If the other side does not respond to a Florida motion for summary judgment, is it automatically granted?

No. Florida's summary judgment standard requires the court to find that there is no genuine dispute of material fact and that the movant is entitled to judgment as a matter of law. An unopposed motion still requires the court to make that finding before granting judgment.

Florida Motion for Summary Judgment

Q: Is there a deadline for how soon before a hearing a Florida summary judgment motion must be filed?

No fixed statewide cutoff. A motion may be filed any time after 20 days from the commencement of the action, or after the opposing party serves its own motion for summary judgment, and the movant must otherwise file and serve it consistent with any court-ordered deadlines (Fla. R. Civ. P. 1.510(b)).

Q: Does Florida require a separate statement of undisputed material facts for summary judgment?

No. Unlike some states, Florida does not require a standalone separate statement. Instead, the movant's supporting factual position must cite particular record materials directly, such as depositions, documents, affidavits, or interrogatory answers (Fla. R. Civ. P. 1.510(c)(1)).

Florida measures the response deadline forward from service of the motion rather than backward from a hearing date: a nonmovant has 40 calendar days to respond, and any hearing must be set at least 10 calendar days after that response deadline.

Find out where you stand in Florida

Which side of the motion are you on?

DocDraft provides document preparation, not legal advice.

Introduction

A Florida motion for summary judgment may be filed any time after 20 days from the commencement of the action, or after the opposing party serves its own motion for summary judgment, and the movant must otherwise file and serve it consistent with any court-ordered deadlines rather than a fixed number of days before a hearing (Fla. R. Civ. P. 1.510(b)). Once the motion is served, the nonmovant must serve a response, including its own supporting factual position, no later than 40 calendar days after service (Fla. R. Civ. P. 1.510(c)(5)), and any hearing on the motion must be set for a date at least 10 calendar days after that response deadline, unless the parties stipulate or the court orders otherwise (Fla. R. Civ. P. 1.510(c)(6)). This is a change from Florida's older practice, which measured deadlines backward from a fixed hearing date; effective January 1, 2025, the response clock now runs forward from service of the motion instead. Effective May 1, 2021, Florida also abandoned its more lenient 'slightest doubt' standard and adopted the federal Celotex standard by name: the court must grant summary judgment if the movant shows no genuine dispute of material fact and entitlement to judgment as a matter of law (Fla. R. Civ. P. 1.510(a)). The movant must serve its supporting factual position at the time of filing, citing particular record materials such as depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, or interrogatory answers (Fla. R. Civ. P. 1.510(c)(1)); Florida does not require a separate statement of undisputed material facts the way some states do. A party may also move for summary judgment on only part of a claim or defense, since partial summary judgment is built directly into the main rule rather than treated as a separate procedure (Fla. R. Civ. P. 1.510(a)). This page covers a civil motion for summary judgment in Florida state trial court. If you are asking a court to test the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default; and a federal civil case follows Federal Rule of Civil Procedure 56, not this state rule, and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the other side fails to respond. Attorney review is available before you file or respond.

Key Things to Know

1
A Florida motion for summary judgment may be filed any time after 20 days from the start of the case, or after the other side serves its own motion; the nonmovant then has 40 calendar days after service to respond, and any hearing must be set at least 10 calendar days after that response deadline (Fla. R. Civ. P. 1.510(b), (c)(5), (c)(6)).
2
If you were served with a Florida motion for summary judgment, your 40-calendar-day response clock starts running from the date of service, not from any hearing notice; do not wait for a hearing date to calculate your deadline.
3
Effective May 1, 2021, Florida replaced its older 'slightest doubt' standard with the federal Celotex/Rule 56 standard by name (Fla. R. Civ. P. 1.510(a)); effective January 1, 2025, Florida detached the summary judgment timetable from the hearing date entirely (Fla. R. Civ. P. 1.510(b), (c)(5), (c)(6)).
4
The movant must serve its supporting factual position at the time of filing, citing particular record materials such as depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, or interrogatory answers; Florida does not require a separate statement of undisputed material facts (Fla. R. Civ. P. 1.510(c)(1)).
5
Partial summary judgment is not a separate procedure in Florida: rule 1.510(a) lets a party move on a whole claim or defense, or just part of one, and the Celotex no-evidence showing is built into the ordinary motion under rule 1.510(c)(1)(B) rather than a distinct named motion.
6
A Florida motion for summary judgment is not automatically granted just because the other side fails to respond; the court must still find no genuine dispute of material fact and that the movant is entitled to judgment as a matter of law.
7
This page covers only a Florida state-court motion for summary judgment. To challenge a complaint's sufficiency, see DocDraft's motion to dismiss page; to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56 and is outside the scope of this page.

Key decisions before you file

Before you file a Motion for Summary Judgment in Florida, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

CASE NO. [CASE NUMBER]

IN THE [CIRCUIT OR COUNTY] COURT [OF THE ORDINAL JUDICIAL CIRCUIT, IF CIRCUIT COURT] IN AND FOR [COUNTY] COUNTY, FLORIDA

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant. ________________________________/

MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT]

[NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, moves for summary judgment under Florida Rule of Civil Procedure 1.510(a) [IF APPLICABLE: as to the following claim, defense, or part of a claim or defense: DESCRIPTION OF THE CLAIM, DEFENSE, OR PART ON WHICH JUDGMENT IS SOUGHT], and states:

GROUNDS

There is no genuine dispute as to any material fact, and Movant is entitled to judgment as a matter of law under the standard set out in Florida Rule of Civil Procedure 1.510(a), which is construed and applied in accordance with the federal summary judgment standard.
[IF APPLICABLE: The materials cited by the adverse party do not establish the absence or presence of a genuine dispute, or the adverse party cannot produce admissible evidence to support DESCRIPTION OF THE FACT OR ELEMENT, under Florida Rule of Civil Procedure 1.510(c)(1)(B).]

SUPPORTING FACTUAL POSITION

Movant's supporting factual position, filed and served with this motion under Florida Rule of Civil Procedure 1.510(c)(1), cites the following record materials: [DEPOSITIONS, DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AFFIDAVITS, DECLARATIONS, STIPULATIONS, ADMISSIONS, OR INTERROGATORY ANSWERS CITED].
[IF APPLICABLE: The attached affidavit or declaration of AFFIANT OR DECLARANT NAME is made on personal knowledge, sets out facts that would be admissible in evidence, and shows the affiant or declarant is competent to testify to the matters stated, as required by Florida Rule of Civil Procedure 1.510(c)(4).]

MEMORANDUM

Movant is entitled to judgment as a matter of law on the undisputed facts above for the following reasons: [LEGAL ARGUMENT AND AUTHORITY].

RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court enter [IF APPLICABLE: partial] summary judgment in Movant's favor [IF APPLICABLE: as to the claim, defense, or part described above], and grant such other relief as the Court deems just.

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, FLORIDA ZIP] [PHONE] [EMAIL] [FLORIDA BAR NUMBER, IF AN ATTORNEY]

NOTICE OF HEARING

PLEASE TAKE NOTICE that the foregoing Motion for Summary Judgment will be heard before the Court on [HEARING DATE], at [HEARING TIME], at [LOCATION OF HEARING OR REMOTE PLATFORM], a date at least 10 calendar days after the deadline for serving a response to this motion, as required by Florida Rule of Civil Procedure 1.510(c)(6).

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Motion for Summary Judgment and Notice of Hearing was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], and that under Florida Rule of Civil Procedure 1.510(c)(5), any response to this motion is due no later than 40 calendar days after that date of service.

[SIGNATURE] [NAME]

Florida Requirements for Motion for Summary Judgment

40-Day Response Deadline Runs From Service
The nonmovant must serve a response, including its own supporting factual position, no later than 40 calendar days after service of the motion for summary judgment, effective January 1, 2025 (Fla. R. Civ. P. 1.510(c)(5)).
Hearing Set at Least 10 Days After Response Deadline
Any hearing on a motion for summary judgment must be set for a date at least 10 calendar days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise (Fla. R. Civ. P. 1.510(c)(6)).
Earliest Filing: 20 Days After Commencement
A party may move for summary judgment any time after 20 days from the commencement of the action, or after service of a motion for summary judgment by the adverse party (Fla. R. Civ. P. 1.510(b)).
Filing Timing Follows Court-Ordered Deadlines
Florida has no fixed statewide cutoff for filing a summary judgment motion before a hearing; the movant must file and serve the motion consistent with any court-ordered deadlines (Fla. R. Civ. P. 1.510(b)).
Federal Celotex Standard Adopted by Name
Effective May 1, 2021, Florida replaced its older 'slightest doubt' standard with the federal summary judgment standard, granting judgment when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law (Fla. R. Civ. P. 1.510(a)).
No Statewide Separate Statement of Undisputed Facts
Florida does not require a standalone separate statement of undisputed material facts; the movant's supporting factual position must instead cite particular record materials directly within the motion (Fla. R. Civ. P. 1.510(c)(1)).
Supporting Factual Position With Record Citations
The movant must serve its supporting factual position at the time of filing, citing particular record materials such as depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, or interrogatory answers (Fla. R. Civ. P. 1.510(c)(1)).
Partial Summary Judgment Built Into the Main Rule
Rule 1.510(a) is titled 'Motion for Summary Judgment or Partial Summary Judgment' and lets a party move on an entire claim or defense, or only part of one, with no requirement that a partial motion dispose of a whole claim (Fla. R. Civ. P. 1.510(a)).
No-Evidence Showing Built Into Rule 1.510(c)(1)(B)
Florida has no separate, Texas-style no-evidence motion; a movant may instead meet its burden under the ordinary motion by showing the adverse party cannot produce admissible evidence to support a fact (Fla. R. Civ. P. 1.510(c)(1)(B)).

Find out where you stand in Florida

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Florida Requirements for Motion for Summary Judgment

40-Day Response Deadline Runs From Service

Hearing Set at Least 10 Days After Response Deadline

Earliest Filing: 20 Days After Commencement

Filing Timing Follows Court-Ordered Deadlines

Federal Celotex Standard Adopted by Name

No Statewide Separate Statement of Undisputed Facts

Supporting Factual Position With Record Citations

Partial Summary Judgment Built Into the Main Rule

No-Evidence Showing Built Into Rule 1.510(c)(1)(B)

Frequently Asked Questions