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Rule 1.510 (October 1, 2026 edition): the movant files and serves the motion consistent with any court-ordered deadlines and serves its supporting factual position when it files the motion. The nonmovant's response, with its supporting factual position, is due no later than 40 days after service of the motion. Any hearing must be set for a date at least 10 days after the response deadline, unless the parties stipulate or the court orders otherwise.
Florida > All circuits > Civil cases governed by the Rules of Civil Procedure
(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. … (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.
Action checklist · 0/6 complete
40 calendar days after
MSJ response 40 days after service of motion
Trigger: Service of MSJ
Fla. R. Civ. P. 1.510(c)(5) (as amended)
10 calendar days after
MSJ hearing: earliest date 10 days after response deadline
Trigger: MSJ response deadline
Runs from the computed due date of “MSJ response 40 days after service of motion”, not from the trigger above.
Fla. R. Civ. P. 1.510(c)(6) (as amended)
Computed periods follow Fla. R. Gen. Prac. & Jud. Admin. 2.514 — always confirm holiday calendars for the specific court.
Reviewer note: CORRECTED Phase 9.3 (2026-08-01): prior card carried the pre-2025 timing (40 before hearing / 20 before hearing). Current 1.510(c)(5)-(6): response due 40 days after service of the motion; hearing at least 10 days after the response deadline. Verified from the Bar's 4/1/2026 Civil Rules. Applicability 2026-09-09 (fix program 2026-09-09, Phase 5, audit M7): specific -> universal — the row binds every court in its state/circuit/county scope and names no court, judge or division. | 2026-10-03 (fix program 2026-10-03, H1): title, summary and checklist still carried the pre-2025 hearing-relative timing (40 days before the hearing / response 20 days before) although the requirement text and both deadline rows had been corrected on 2026-08-01; all four now quote or describe rule 1.510(b), (c)(1), (c)(5) and (c)(6) verbatim from the October 1, 2026 edition (printed pages 169-170), and the receipt moved from the April 1, 2026 edition to the October 1, 2026 edition on The Florida Bar's rules index. The deadline rows were already current and are unchanged.
1 verbatim requirement on continuances in JEREMY I. FRANKER's division.
1 verbatim requirement on continuances.
Judge Weiss: case law and memos to chambers five business days before the hearing, and every exhibit a party intends to use listed on a notice of discovery and provided to the other side five business days out.