Fla. Fam. L. R. P. 12.510

RULE 12.510

SUMMARY JUDGMENT

(a) Motion for Summary Judgment or Partial Summary

Judgment. A party may move for summary judgment, identifying

each claim or defense—or the part of each claim or defense—on

which summary judgment is sought. 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 shall state on the record

the reasons for granting or denying the motion. The summary

judgment standard provided for in this rule shall be construed and

applied in accordance with the federal summary judgment

standard.

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A motion for summary judgment and the notice setting

hearing must contain the following statement in all capital letters

and in the same size type, or larger, as the type the remainder of

the motion:

A RESPONSE TO THE MOTION FOR SUMMARY

JUDGMENT MUST BE MADE IN WRITING, FILED WITH

THE COURT, AND SERVED ON THE OTHER PARTY NO

LESS THAN TWENTY DAYS PRIOR TO THE HEARING

DATE. YOUR RESPONSE MUST INCLUDE YOUR

SUPPORTING FACTUAL POSITION. IF YOU FAIL TO

RESPOND, THE COURT MAY ENTER ORDERS

GRANTING THE SUMMARY JUDGMENT OR FINDING

FACTS TO BE UNDISPUTED.

(b) Time to File a Motion. A party may move for summary

judgment at any time after the expiration of 20 days from the

commencement of the action or after service of a motion for

summary judgment by the adverse party. However, no motion for

summary judgment may be filed while the movant’s responses to

mandatory disclosures are pending. The movant must serve the

motion for summary judgment at least 40 days before the time fixed

for the hearing.

(c) Procedures.

(1) Supporting Factual Positions. A party asserting that

a fact cannot be or is genuinely disputed must support the

assertion by:

(A) citing to particular parts of materials in the

record, including depositions, documents, electronically stored

information, affidavits or declarations, stipulations (including those

made for purposes of the motion only), admissions, interrogatory

answers, or other materials; or

(B) showing that the materials cited do not

establish the absence or presence of a genuine dispute, or that an

adverse party cannot produce admissible evidence to support the

fact.

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(2) Objection That a Fact Is Not Supported by Admissible

Evidence. A party may object that the material cited to support or

dispute a fact cannot be presented in a form that would be

admissible in evidence.

(3) Materials Not Cited. The court need consider only

the cited materials, but it may consider other materials in the

record.

(4) Affidavits or Declarations. An affidavit or

declaration used to support or oppose a motion must be made on

personal knowledge, set out facts that would be admissible in

evidence, and show that the affiant or declarant is competent to

testify on the matters stated.

(5) Timing for Supporting Factual Positions. At the time

of filing a motion for summary judgment, the movant must also

serve the movant’s supporting factual position as provided in

subdivision (1) above. At least 20 days before the time fixed for the

hearing, the nonmovant must serve a response that includes the

nonmovant’s supporting factual position as provided in subdivision

(1) above.

(d) When Facts Are Unavailable to the Nonmovant. If a

nonmovant shows by affidavit or declaration that, for specified

reasons, it cannot present facts essential to justify its opposition,

the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to

take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a Fact. If a

party fails to properly support an assertion of fact or fails to

properly address another party’s assertion of fact as required by

rule 1.510(c), the court may:

(1) give an opportunity to properly support or address

the fact;

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(2) consider the fact undisputed for purposes of the

motion;

(3) grant summary judgment if the motion and

supporting materials—including the facts considered

undisputed—show that the movant is entitled to it; or

(4) issue any other appropriate order.

(f) Judgment Independent of the Motion. After giving

notice and a reasonable time to respond, the court may:

(1) grant summary judgment for a nonmovant

(2) grant the motion on grounds not raised by a party;

or

(3) consider summary judgment on its own after

identifying for the parties material facts that may not be

genuinely in dispute.

(g) Failing to Grant All the Requested Relief. If the court

does not grant all the relief requested by the motion, it may enter

an order stating any material fact—including an item of damages or

other relief—that is not genuinely in dispute and treating the fact as

established in the case.

(h) Affidavit or Declaration Submitted in Bad Faith. If

satisfied that an affidavit or declaration under this rule is submitted

in bad faith or solely for delay, the court—after notice and a

reasonable time to respond—may order the submitting party to pay

the other party the reasonable expenses, including attorney’s fees,

it incurred as a result. An offending party or attorney may also be

held in contempt or subjected to other appropriate sanctions.

2021 Amendment. This rule is amended to correspond with

Florida Rule of Civil Procedure 1.510, which was recently amended

to adopt almost all the text of Federal Rule of Civil Procedure 56.

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2012 Amendment. This rule is amended to state who the

adverse party serves and provide for service in accordance with

Florida Rule of Judicial Administration 2.516.