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Florida summary judgment response deadline
Under the amended Florida rule (effective January 1, 2025), the party opposing summary judgment must serve its response and evidence no later than 40 days after the motion is served — measured from service of the motion, not from the hearing date.
Estimates based on standard Florida rules and federal-holiday closures; not legal advice. Confirm against your specific case, local administrative orders, and the current rules.
How the deadline works
Florida Rule of Civil Procedure 1.510(c)(5), as amended effective January 1, 2025 (In re Amendments, SC2024-0662), changed how the deadline is measured. The nonmovant must serve a response — including any supporting affidavits and other materials — no later than 40 days after service of the motion for summary judgment. The earlier rule tied the response to the hearing date (20 days before the hearing); for motions filed on or after January 1, 2025, the clock instead runs forward from service of the motion.
The 40-day count follows Fla. R. Jud. Admin. 2.514: exclude the day of service, count intervening weekends and holidays, and roll a final weekend or holiday to the next business day. When the motion was served by mail, Rule 2.514(b) adds 5 days. Under the amended rule the hearing itself may not be held earlier than 10 days after the response deadline, unless the parties stipulate or the court orders otherwise.
- Measured from the motion, not the hearing For motions filed on or after January 1, 2025, the 40 days runs from service of the motion. The old “20 days before the hearing” rule no longer applies.
- Served by mail? Add 5 days under Rule 2.514(b) by selecting “Service by mail” above.
- Evidence included The deadline covers the opposing affidavits and materials, not just the written response.
Questions
- How long do I have to respond to a motion for summary judgment in Florida?
- Under the rule effective January 1, 2025, no later than 40 days after the motion is served (Fla. R. Civ. P. 1.510(c)(5)). Mail service adds 5 days under Rule 2.514(b).
- Is the summary judgment response still due 20 days before the hearing?
- No. That was the prior rule. For motions filed on or after January 1, 2025, the response is due 40 days after service of the motion, and the hearing may not be held until at least 10 days after that response deadline.