In re: Amendments to Florida Rule of Civil Procedure 1.510
The Florida Supreme Court replaced the text of Florida Rule of Civil Procedure 1.510 with nearly the entire text of Federal Rule of Civil Procedure 56, effective May 1, 2021, completing Florida's adoption of the federal summary judgment standard begun in its December 31, 2020 decision. The Court retained Florida-specific timing provisions tied to a hearing date (motion served at least 40 days before hearing; nonmovant's response with supporting factual position at least 20 days before hearing) and made mandatory the trial court's obligation to state on the record its reasons for granting or denying summary judgment.
Key facts
- The Florida Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt nearly the entire text of Federal Rule of Civil Procedure 56, effective May 1, 2021, replacing Florida's prior summary judgment standard.
- The amendment abandons Florida's 'slightest doubt' standard and adopts the federal standard, allowing a movant to obtain summary judgment by pointing out the nonmovant's lack of evidence without bearing the burden of persuasion.
- +2 more key facts with a free trial
Why it matters
This is the single most consequential Florida civil procedure development in decades, transforming summary judgment practice statewide and importing the entire body of federal Rule 56 case law as 'old soil.'… — full analysis with a trial
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