RULE 12.510. SUMMARY JUDGMENT

(a) Motion for Summary Judgment or Partial Summary
Judgment. A party may move for summary judgment, identifying
each claim or defense—or the part of each claim or defense—on
which summary judgment is sought. The court shall grant
summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to
judgment as a matter of law. The court shall state on the record
the reasons for granting or denying the motion. The summary
judgment standard provided for in this rule shall be construed and
applied in accordance with the federal summary judgment
standard.
A motion for summary judgment and the notice setting
hearing must contain the following statement in all capital letters
and in the same size type, or larger, as the type the remainder of
the motion:

A RESPONSE TO THE MOTION FOR SUMMARY
JUDGMENT MUST BE MADE IN WRITING, FILED WITH
THE COURT, AND SERVED ON THE OTHER PARTY NO
LESS THAN TWENTY DAYS PRIOR TO THE HEARING
DATE. YOUR RESPONSE MUST INCLUDE YOUR
SUPPORTING FACTUAL POSITION. IF YOU FAIL TO
RESPOND, THE COURT MAY ENTER ORDERS
GRANTING THE SUMMARY JUDGMENT OR FINDING
FACTS TO BE UNDISPUTED.


(b) Time to File a Motion. A party may move for summary
judgment at any time after the expiration of 20 days from the
commencement of the action or after service of a motion for
summary judgment by the adverse party. However, no motion for
summary judgment may be filed while the movant’s responses to
mandatory disclosures are pending. The movant must serve the
motion for summary judgment at least 40 days before the time fixed
for the hearing.
(c) Procedures.
(1) Supporting Factual Positions. A party asserting that
a fact cannot be or is genuinely disputed must support the
assertion by:
(A) citing to particular parts of 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; or
(B) showing that the materials cited do not
establish the absence or presence of a genuine dispute, or that an
adverse party cannot produce admissible evidence to support the
fact.
(2) Objection That a Fact Is Not Supported by Admissible
Evidence. A party may object that the material cited to support or
dispute a fact cannot be presented in a form that would be
admissible in evidence.
(3) Materials Not Cited. The court need consider only
the cited materials, but it may consider other materials in the
record.
(4) Affidavits or Declarations. An affidavit or
declaration used to support or oppose a motion 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.
(5) Timing for Supporting Factual Positions. At the time
of filing a motion for summary judgment, the movant must also
serve the movant’s supporting factual position as provided in
subdivision (1) above. At least 20 days before the time fixed for the
hearing, the nonmovant must serve a response that includes the
nonmovant’s supporting factual position as provided in subdivision
(1) above.
(d) When Facts Are Unavailable to the Nonmovant. If a
nonmovant shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition,
the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to
take discovery; or
(3) issue any other appropriate order.
(e) Failing to Properly Support or Address a Fact. If a
party fails to properly support an assertion of fact or fails to
properly address another party’s assertion of fact as required by
rule 1.510(c), the court may:
(1) give an opportunity to properly support or address
the fact;
(2) consider the fact undisputed for purposes of the
motion;
(3) grant summary judgment if the motion and
supporting materials—including the facts considered
undisputed—show that the movant is entitled to it; or
(4) issue any other appropriate order.
(f) Judgment Independent of the Motion. After giving
notice and a reasonable time to respond, the court may:
(1) grant summary judgment for a nonmovant
(2) grant the motion on grounds not raised by a party;
or
(3) consider summary judgment on its own after
identifying for the parties material facts that may not be
genuinely in dispute.
(g) Failing to Grant All the Requested Relief. If the court
does not grant all the relief requested by the motion, it may enter
an order stating any material fact—including an item of damages or
other relief—that is not genuinely in dispute and treating the fact as
established in the case.
(h) Affidavit or Declaration Submitted in Bad Faith. If
satisfied that an affidavit or declaration under this rule is submitted
in bad faith or solely for delay, the court—after notice and a
reasonable time to respond—may order the submitting party to pay
the other party the reasonable expenses, including attorney’s fees,
it incurred as a result. An offending party or attorney may also be
held in contempt or subjected to other appropriate sanctions.
Commentary
2021 Amendment. This rule is amended to correspond with
Florida Rule of Civil Procedure 1.510, which was recently amended
to adopt almost all the text of Federal Rule of Civil Procedure 56.

Committee Notes

2012 Amendment. This rule is amended to state who the
adverse party serves and provide for service in accordance with
Florida Rule of Judicial Administration 2.516.