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BenchPath

Motion for Summary Judgment

Before filing

  1. 1

    The motion states its factual positions with record citations (Rule 1.510(c)(1))

    Fla. R. Civ. P. 1.510(c)(1) requires each factual position to cite the record; Rule 1.510(d) governs a nonmovant who shows that facts essential to its opposition are unavailable.

Filing

  1. 2

    Serve the motion with supporting factual positions and record citations; calendar the response as due 40 days after service (Fla. R. Civ. P. 1.510(c)(5), as amended)

    Include supporting factual positions with record citations.

    Rule: Summary Judgment Timing: Response 40 Days After Service; Hearing at Least 10 Days Later — Fla. R. Civ. P. 1.510 →

Scheduling

  1. 3

    Special-set the hearing through chambers

    Summary judgment is not a motion-calendar matter; follow the division's special-set procedure.

Before the hearing

  1. 4

    Calendar the response deadline

    The nonmovant's response is due no later than 40 days after service of the motion (current rule 1.510(c)(5)).

    Rule: Summary Judgment Timing: Response 40 Days After Service; Hearing at Least 10 Days Later — Fla. R. Civ. P. 1.510 →
  2. 5

    Deliver courtesy copies if the division requires them

At the hearing

  1. 6

    Confirm remote vs. in-person protocol for the division

After the hearing

  1. 7

    Submit the proposed order per division format requirements

    Rule: Proposed Orders: Word Format via Online Services — Division AO →

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.