Summary Judgment in Florida: Definition and Response Deadlines

Summary judgment is a motion asking the court to decide a case without trial because there is no genuine dispute of material fact—meaning the parties agree on what happened, and only the law applies. The moving party argues that even viewing all facts in the light most favorable to the non-moving party, no reasonable jury could rule in that party's favor. If granted, summary judgment ends the case on the merits. If denied, the case proceeds to trial. Summary judgment is a powerful tool: it eliminates cases that turn on legal questions rather than factual disputes, but it also represents a critical juncture where a weak response or missed deadline can result in default or an unfavorable ruling. Florida courts apply summary judgment under Fla. R. Civ. P. 1.510, and federal courts apply Fed. R. Civ. P. 56. The burden and timing of responses are strict, and a single missed deadline can be fatal to your case.

Summary judgment motions are one of the highest-stakes deadlines in litigation. The moving party must serve the motion with supporting materials—affidavits, deposition excerpts, documentary evidence—and your response window begins on service. Effective January 1, 2025, Florida amended its summary judgment rule, and the response deadline now runs forward from the date the motion is served on you, not from some earlier trigger. This change affects how you calculate your response date and when you must file opposing affidavits or discovery responses. Missing a summary judgment response deadline typically results in the motion being granted by default, which ends your case without a hearing. Even a day late can be fatal. The motion itself often includes a request for oral argument, and courts may or may not grant it—so you cannot assume you will have a chance to argue in person. Your response must stand on its own in writing. This is why accurate deadline tracking and early preparation are essential.

The most common mistakes in summary judgment practice are missing the response deadline, filing a response that merely restates the complaint without factual support, and failing to submit affidavits or discovery responses that create a genuine dispute of material fact. A bare legal argument will not defeat summary judgment—you must present evidence (affidavits, deposition testimony, documents) showing that a reasonable jury could find in your favor. Second, many practitioners confuse the service date with the filing date or miscount the days because of weekends and holidays. Florida's 2025 amendments clarified that the clock starts on service, but the exact number of days depends on whether service is by mail, email, or hand delivery. For the precise day-count in your case, use CourtFlow's free summary-judgment-response deadline calculator at /tools/florida-summary-judgment-response-deadline, which applies Florida's current rule and accounts for service method. Third, do not assume that a denial of summary judgment means you have won on the merits—it only means the case goes to trial. A summary judgment denial preserves all issues for jury decision. Finally, if the moving party files a reply, read it carefully; replies often raise new arguments or cite new case law that you may need to address at the hearing or in a sur-reply if the court permits one.

Your summary judgment response should open with a clear statement of the material facts in dispute, supported by citations to affidavits, deposition testimony, or documentary evidence. Do not rely on legal argument alone. Organize your response by claim or defense, and for each, explain why a reasonable jury could find in your favor. Cite to the record—specific page numbers and exhibit letters—so the judge can verify your factual assertions without hunting through attachments. If you need to file affidavits or supplemental discovery responses, do so before or with your response. Many courts require that affidavits be based on personal knowledge and signed under oath; conclusory statements or legal conclusions will be disregarded. If you are unsure whether your evidence is sufficient to defeat summary judgment, consult with a colleague or consider requesting oral argument so you can explain the disputed facts in person. This is not legal advice—outcomes turn on the specific facts, the applicable law, and the judge's interpretation of the record. For a comprehensive overview of Florida summary judgment deadlines and requirements, download the free Florida Litigation Deadline Cheat Sheet at /florida-litigation-deadline-cheat-sheet.