When may a Florida court hear a summary judgment motion?

Identify the motion and filing date selecting the applicable Rule 1.510 edition.

Establish the actual response deadline from valid motion service and any controlling order.

Read the actual hearing setting, party stipulation and court directions.

1. Identify the motion and filing date selecting the applicable Rule 1.510 edition.
2. Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Rule 1.510(c)(6) supplies a minimum interval from an established response deadline, with stipulation and court-order alternatives. The court’s actual setting and governing edition remain separate. An isolated early response date cannot establish the hearing.

The motion filing date selects the 2025 procedure

SC2024-0662, issued December 5, 2024, makes amended Rule 1.510 govern motions filed on or after January 1, 2025. Motions filed before that date remain outside this amendment. The current response period runs from service, while the hearing minimum runs from the response deadline. Do not substitute historical hearing-based periods.

Early response service does not substitute for its deadline

Rule 1.510(c)(6) expressly measures from the deadline for serving a response. A response served before that deadline does not itself advance the ordinary minimum hearing setting.

A stipulation or court order can change the ordinary minimum

The rule expressly preserves the parties’ stipulation or a different court order. Establish the actual authorized alternative. A scheduling request or unilateral assumption is not the stated stipulation or order.

Actual hearing notice remains a separate duty

Rule 1.090(d) requires prescribed motion and hearing notice service a reasonable time before a non-ex-parte hearing. The ten-day minimum does not establish that the notice was properly issued or served.

Motion form and conferral require separate compliance

Rule 1.100(b) requires the prescribed written grounds and requested relief except the stated hearing or trial procedure. Rule 1.202 separately addresses conferral and its certificate. Summary judgment, injunctive relief and Rule 1.530 motions are expressly exempt from conferral. The rule also excludes an unrepresented movant or nonmovant. Those exemptions do not dispense with valid motion form, filing or service.

• This page does not establish grounds for relief, an actual court hearing, a bond amount, fee entitlement or appeal preservation.
• Check the operative procedural edition, actual filing and service records, motions, court directions and additional closures.

• Identify the motion and filing date selecting the applicable Rule 1.510 edition.
• Establish the actual response deadline from valid motion service and any controlling order.
• Read the actual hearing setting, party stipulation and court directions.
• SC2024-0662, issued December 5, 2024, makes amended Rule 1.510 govern motions filed on or after January 1, 2025. Motions filed before that date remain outside this amendment. The current response period runs from service, while the hearing minimum runs from the response deadline. Do not substitute historical hearing-based periods.
• Rule 1.510(c)(6) expressly measures from the deadline for serving a response. A response served before that deadline does not itself advance the ordinary minimum hearing setting.
• The rule expressly preserves the parties’ stipulation or a different court order. Establish the actual authorized alternative. A scheduling request or unilateral assumption is not the stated stipulation or order.
• Rule 1.090(d) requires prescribed motion and hearing notice service a reasonable time before a non-ex-parte hearing. The ten-day minimum does not establish that the notice was properly issued or served.
• Rule 1.100(b) requires the prescribed written grounds and requested relief except the stated hearing or trial procedure. Rule 1.202 separately addresses conferral and its certificate. Summary judgment, injunctive relief and Rule 1.530 motions are expressly exempt from conferral. The rule also excludes an unrepresented movant or nonmovant. Those exemptions do not dispense with valid motion form, filing or service.
• Preserve the actual hearing order or setting and complete required notice and service. Rule 1.090(d) requires a written motion and hearing notice served a reasonable time before the hearing when it cannot be heard ex parte. The minimum interval does not establish notice sufficiency, department availability or an actual hearing.