BenchPath

WorkflowsCivil

Motion for Summary Judgment

Before filing

  1. 1

    Confirm the record is ready

    Discovery needed to support or oppose the motion should be complete or scheduled.

Filing

  1. 2

    Serve the motion at least 40 days before the hearing

    Include supporting factual positions with record citations.

    Rule: Summary Judgment Timing: 40 Days / 20 Days — 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 20 days before the hearing.

    Rule: Summary Judgment Timing: 40 Days / 20 Days — 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.