Fla. R. Civ. P. 1.510

Summary Judgment

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RULE 1.510. 	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.
(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. The movant must file and
serve the motion for summary judgment consistent with any court-
ordered deadlines.
(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.
(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. No later than 40 days after service of the
motion for summary judgment, the nonmovant must serve a
response that includes the nonmovant’s supporting factual position
as provided in subdivision (1) above.
(6) 	Timing for Hearing. 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.
(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;
(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.
Court Notes
2021 Amendment. The rule is amended to adopt almost all
the text of Federal Rule of Civil Procedure 56. 	The “federal
summary judgment standard” refers to the principles announced in
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty
Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Electric Industrial
Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), and more generally
to case law interpreting Federal Rule of Civil Procedure 56.
Committee Notes
1976 Amendment. Subdivision (c) has been amended to
require a movant to state with particularity the grounds and legal
authority which the movant will rely upon in seeking summary
judgment. This amendment will eliminate surprise and bring the
summary judgment rule into conformity with the identical provision
in rule 1.140(b) with respect to motions to dismiss.
1992 Amendment. The amendment to subdivision (c) will
require timely service of opposing affidavits, whether by mail or by
delivery, prior to the day of the hearing on a motion for summary
judgment.
2005 Amendment. Subdivision (c) has been amended to
ensure that the moving party and the adverse party are each given
advance notice of and, where appropriate, copies of the evidentiary

material on which the other party relies in connection with a
summary judgment motion.
2012 Amendment. Subdivision (c) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.

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