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40 verbatim requirements from Procedures for Non-Default Summary Judgment Motions.
Fourth Judicial Circuit (Duval, Clay, Nassau). Procedural information only; not legal advice.
Verbatim from https://www.jud4.org/getContentAsset/3e3695bd-969c-4b82-b70a-684f9f30a234/135b97c9-84fa-4e82-b956-0fbccec4aa1f/Procedures-for-Non-Default-Summary-Judgment-Motions.pdf?language=en, harvested 2026-07-25; whitespace normalised only. • P. 1.510(a) (“The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard.”). • Matsushita said that, if all you have is circumstantial evidence, then the inferences arising from it must be enough to rebut the plausible inferences in the moving party’s evidence. -- 1 of 12 -- 2 • All materials referenced in support of or opposition to the motion must be in the record, filed on the docket. • If a deposition transcript is referenced, a complete copy must be filed on the docket which includes all exhibits. • The movant and nonmovant must cite to particular parts of materials in the record in the motion and response. • Facts Supporting or Opposing the Summary Judgment Motion Must be Admissible in • If affidavits or declarations are being used to support or oppose a motion the rule states that they 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.” • However, the content or the substance of the evidence must be admissible. • The Court frequently is required to rule on hearsay objections to statements contained in affidavits or depositions. -- 2 of 12 -- 3 • Rule 1.050 states that an action “shall be deemed commenced when the Complaint or Petition is filed.” At the time of filing a motion for summary judgment, the movant must serve the movant’s supporting factual position as provided in subdivision (1) above.” Fla. • The rule states the moving party “must serve the motion for summary judgment consistent with the deadlines specified in the case management order.” Fla. • A non-moving party “must serve a response that includes the nonmovant’s supporting factual position as provided in subdivision (1) above” no later than 40 days after service of the motion for summary judgment. • 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. • P., unless otherwise specified in the operative case management order (“CMO”) hearings on summary judgment motions must be scheduled to be heard no later than 30 days prior to the Pretrial • The rule expressly states that “the nonmovant must serve a response” and it “must include the nonmovant’s supporting factual position as provided in subdivision (1) above.” Fla. • The Florida Supreme Court clearly stated in the opinion adopting the amended summary judgment rule that it is “important to emphasize that, before being subjected to summary judgment because of the absence of evidence, the nonmovant must have been afforded ‘adequate time for discovery.’” 317 So. 3d 72, at 77 (quoting Celotex, 477 U.S. at 322). • The Fifth Circuit in International Shortstop explained that such an affidavit “may not simply rely on vague assertions that additional discovery will produce needed, but unspecified facts.” 939 F.2d at 1267. • (1) A motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts. • Revised January 2025 movant’s Statement of Material Facts shall list the material facts that the movant contends are not genuinely disputed. • (2) A non-movant’s Statement of Material Facts shall clearly challenge any purportedly material fact asserted by the movant that the non-movant that the non-movant contends is genuinely in dispute. • (3) The movant shall respond to any additional facts asserted in the opponent’s Statement of • All Statements of Material Facts (whether filed by the movant or the non-movant) shall be filed and served as separate documents and not as exhibits or attachments. • The pinpoint citations shall reference pages (and line numbers, if appropriate, of exhibits, designate the number and title of each exhibit, and provide the docket line number of all previously filed materials used to support the Statement of Material • Statement of Material Facts shall correspond with the order and paragraph numbering format used by the movant, but it shall not repeat the text of the movant’s paragraphs. • (B) A non-movant’s Statement of Material Facts shall use, as the very first word in each paragraph-by-paragraph response, the word “disputed” or “undisputed.” (C) If a non-movant’s Statement of Material Facts disputes a fact in the movant’s • Revised January 2025 movant’s position must be limited to evidence specific to that particular dispute. • (D) Any additional facts that a non-movant contends are material to the motion for summary judgment shall be numbered and placed immediately after the non-movant’s response to the movant’s Statement of Material Facts. • The additional facts shall use separately numbered paragraphs beginning with the next number following the movant’s last numbered paragraph. • The additional facts shall be separately titled “Additional Facts” and may not exceed five (5) pages (beyond the ten- (10) page limit for the opponent’s Statement of Material Facts. • (A) If a non-movant’s Statement of Material Facts includes additional facts, then the movant shall respond to each additional fact in a separately served Reply Statement of Material • (B) The Reply Statement of Material Facts shall correspond with the order and paragraph numbering format used in the non-movant’s additional facts, identifying with the very first word in each as “disputed” or “undisputed” at the beginning of each paragraph in the statement, and if disputed, citing to particular parts of materials in the record in the same manner as required by subsections (b)(1) and (b)(2). • Law is at least 10 days before the time fixed for the hearing. -- 8 of 12 -- 9 • No later than twelve (12) days prior to the summary judgment hearing, counsel for the moving and non-moving parties must meet together to: confer regarding the summary judgment motion and response; discuss and cooperate with each other to prepare a Pre-Summary Judgment • Hearing Stipulation to be filed with the Court no later than five (5) days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s Judicial Assistant; review the 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 supporting the factual position(s) contained in the motion and the factual position(s) contained in the response, or that otherwise may be referred to during the hearing; and complete all other matters which may narrow the issues for the summary judgment hearing and facilitate an efficient use of the scheduled and available hearing time. • Counsel for the moving and non-moving parties shall prepare a Pre-Summary Judgment • Hearing Stipulation (“Stipulation”) which shall be filed with the Court no later than five (5) days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s • The Stipulation shall confirm whether there are any timing issues with the filing and service of the motion for summary judgment, including the movant’s supporting factual position, and the filing and service of the nonmovant’s response, including the nonmovant’s supporting factual position. • Any timing issues shall be reduced to an appropriate written motion to be filed and heard prior to the summary judgment hearing. • The Stipulation shall confirm whether all materials, 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 the moving and non-moving parties are relying on in support of their factual positions have been filed and, therefore, are in the record. • To the extent such materials supporting the parties’ respective factual positions are not in the record, the parties shall either prepare a Consent or Agreed Order setting forth provisions to file such materials and make them part of the record to be considered by the
P. 1.510(a) (“The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard.”).
Reviewer note: Document sha256: 29971a4e872e01c50c2951031e3eaa6ee0773dd3c51fea8653be55df8aa9e289. Extracted from the document's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.