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United States · Florida summary judgment

When must a Florida nonmovant serve a summary judgment response?

Rule 1.510(c)(5) requires the nonmovant to serve a response with its supporting factual position no later than forty days after service of the summary judgment motion. This amended procedure governs motions filed on or after January 1, 2025. The hearing date and the motion’s filing date do not substitute for actual motion service.

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Period
Forty calendar days after actual motion service in the current procedure
Trigger
Actual non-mail-only service of the identified summary judgment motion
Rule
Florida Rule of Civil Procedure 1.510(c)(5)
Florida civil summary judgment, posttrial, costs and temporary injunction procedures

Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026

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Which actual event starts this Florida civil period?

Identify the actual motion and confirm its filing date selects the amended Rule 1.510.

Preserve actual motion service on the responding party. Do not start from preparation, filing alone or the hearing.

Read court deadlines, the supporting factual position and any actual protective or relief order.

Florida Rule of Civil Procedure 1.510(c)(5)

How does Florida count this civil period?

  1. Identify the actual motion and confirm its filing date selects the amended Rule 1.510.
  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.

Florida Rule of General Practice and Judicial Administration 2.514(a)

What do the independently derived facts show?

Fictitious example

Fictitious facts. An applicable motion is served electronically on the nonmovant. No different ordered time or granted relief applies. The established event occurs August 2, 2027. No mail-only addition, further clerk closure, different order or unestablished branch applies.

Example counting steps
StepWhat is countedDate
Established eventActual non-mail-only service of the identified summary judgment motionAugust 2, 2027
Applicable periodForty calendar days after actual motion service in the current procedureMonday, September 13, 2027
Example resultMonday, September 13, 2027

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

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Which Florida civil qualifications change the procedure?

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.
Supporting evidence requires specific material
Rule 1.510(c)(1) requires particular record citations or the specified evidentiary showing. Paragraph (c)(2) permits an objection that a fact cannot be presented in admissible form. The court need consider only cited materials under paragraph (c)(3), though it may consider others. A timely unsupported response does not establish compliance.
Unavailable essential facts require an actual showing and court action
Rule 1.510(d) requires an affidavit or declaration giving specified reasons why essential facts cannot be presented. The court may defer or deny the motion, allow evidence or discovery time, or issue another appropriate order. A discovery request or pending motion does not automatically extend the response period.
The hearing minimum uses the response deadline
Rule 1.510(c)(6) ordinarily requires a hearing at least ten days after the deadline for serving a response, subject to stipulation or court order. Serving early does not replace that deadline with the early service date.
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.
Florida Rule of Civil Procedure 1.510(c)(5)
  • 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.

What must be filed, served and preserved?

Questions about this Florida civil act

When must a Florida nonmovant serve a summary judgment response?

Does the hearing start the forty-day response clock?

The current Rule 1.510(c)(5) uses service of the motion. Establish the amended procedure’s applicability and the actual service evidence.

Florida Rule of Civil Procedure 1.510(c)(5)

Does incomplete discovery automatically extend my response?

Rule 1.510(d) requires the stated affidavit or declaration and permits specified court action. Pending discovery alone does not establish an extension.

Florida Rule of Civil Procedure 1.510(d)

Does an early response move the hearing minimum earlier?

The ordinary Rule 1.510(c)(6) minimum runs from the response deadline. A different date needs the stated stipulation or court order.

Florida Rule of Civil Procedure 1.510(c)(6)

Official Florida sources and review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
Florida Rule of Civil Procedure 1.510(c)(5)The responsible actor, actual event and stated procedural period
Florida Rule of Civil Procedure 1.510(b),(c)(5)–(6)The motion filing date selects the 2025 procedure
Florida Rule of Civil Procedure 1.510(c)(1)–(4)Supporting evidence requires specific material
Florida Rule of Civil Procedure 1.510(d)Unavailable essential facts require an actual showing and court action
Florida Rule of Civil Procedure 1.510(c)(6)The hearing minimum uses the response deadline
Florida Rule of Civil Procedure 1.100(b),1.202(a)–(d)Motion form and conferral require separate compliance
Florida Rule of Civil Procedure 1.080(a),(b)Applicable computation, filing, service and proof
Florida Rule of Civil Procedure 1.090(a),(b)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.514(a)–(b)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.516(b),(f)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e)Applicable computation, filing, service and proof
2026 Florida Statutes section 110.117(1)Observed statutory holidays and weekend substitutions
SC2024-0662, December 5, 2024, pages 1–3The amended summary-judgment procedure governs motions filed on or after January 1, 2025
Read the current official Florida court rules

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