In re: Amendments to Florida Family Law Rule of Procedure 12.510
On its own motion, the Florida Supreme Court amended Family Law Rule of Procedure 12.510 to mirror the recently amended Florida Rule of Civil Procedure 1.510, which adopted nearly all of Federal Rule of Civil Procedure 56 and aligned Florida's summary judgment standard with the federal standard. The amended family rule imposes the federal 'genuine dispute of material fact' standard, requires courts to state reasons on the record, and adopts new timing requirements (motion served at least 40 days before hearing; nonmovant response at least 20 days before hearing). Justice Labarga dissented for the reasons stated in his dissent to the civil rule amendment.
Key facts
- The Florida Supreme Court, on its own motion, amended Family Law Rule of Procedure 12.510 to align with the recently amended Florida Rule of Civil Procedure 1.510, which adopted the federal summary judgment standard.
- The amended rule incorporates the federal 'genuine dispute of material fact' standard from Federal Rule of Civil Procedure 56, replacing Florida's previous 'slightest doubt' standard.
- +2 more key facts with a free trial
Why it matters
Family law practitioners must now litigate summary judgment motions in dissolution and related proceedings under the federal Celotex/Anderson/Matsushita framework rather than the old Florida 'slightest doubt' standard… — full analysis with a trial
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