Response to Motion for Summary Judgment Deadline

On its own, the Florida Supreme Court has changed the time deadline regarding when a Response to a Motion for Summary Judgment must be filed. Currently, a respondent to a Motion for Summary Judgment must file a response twenty (20) days prior to the hearing on the Motion for Summary Judgment. Because hearing times were often difficult to obtain and because opposing counsel are often unavailable on the few dates available, practically, a movant was often unable to obtain their opponent’s position on a Motion for Summary Judgment until many months later.  Under the amended rule, the Response to a Motion for Summary Judgment must be filed “no later than sixty (60) days after service of the Motion for Summary Judgment.”  The Florida Supreme Court’s opinion indicates these new rules will “help ensure adherence to the deadlines set forth in the case management orders required under the Florida Rules of Civil Procedure.” This new timeline will require a respondent to a Motion for Summary Judgment act very quickly after such a motion is filed to ensure they have the necessary facts and experts to respond to the Motion.

This new rule will take effect beginning on January 1, 2025, and is aimed at enhancing efficiency and fairness of civil litigation. These rules will be incorporated into Rule 1.510 and new Rule 1.202. Parties will be able to request an extension to file the Response per rule 1.510.