Do you need to file a motion for summary judgment in Florida? A motion for summary judgment is a request to the court to enter a judgment on a claim or defense without a full trial. This can be a valuable tool for litigants who believe that there is no genuine dispute as to any material fact and that they are entitled to judgment as a matter of law.
If you are considering filing a motion for summary judgment in Florida, you should first consult with an attorney to discuss your case. An attorney can advise you on the merits of your case and help you to prepare and file your motion.
There are many different types of motions for summary judgment that can be filed in Florida. The most common type of motion for summary judgment is a motion for summary judgment on the pleadings. This motion is based on the pleadings in the case, such as the complaint, answer, and reply. The court will consider the pleadings and any affidavits or other evidence that has been submitted by the parties in order to determine whether there is a genuine dispute as to any material fact.
Motion for Summary Judgment Florida Template – Legal Grounds for Summary Judgment
In order to grant a motion for summary judgment, the court must find that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. The court will consider the following factors when making this determination:
- Whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
- Whether the evidence supporting the motion shows that the movant is entitled to judgment as a matter of law.
- Whether the opposing party has presented evidence sufficient to establish a genuine issue of material fact.
If the court finds that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law, the court will grant the motion for summary judgment.
There are a number of defenses that can be raised to a motion for summary judgment. The most common defenses are:
- That there is a genuine dispute as to a material fact.
- That the moving party is not entitled to judgment as a matter of law.
- That the motion is not supported by sufficient evidence.
If the opposing party can present evidence sufficient to establish a genuine issue of material fact, the court will deny the motion for summary judgment.
Motion for Summary Judgment Florida Template – Procedural Rules for Filing a Motion for Summary Judgment
A motion for summary judgment must be served on the opposing party at least 20 days before the hearing on the motion. The opposing party has 10 days to file a response to the motion. The moving party may file a reply to the response within 5 days of the filing of the response.
The court will hold a hearing on the motion for summary judgment. At the hearing, the parties will present their arguments to the court. The court will then issue a ruling on the motion.
If the court grants the motion for summary judgment, the court will enter a judgment in favor of the moving party. If the court denies the motion for summary judgment, the case will proceed to trial.
Motions for summary judgment can be a valuable tool for litigants who believe that they are entitled to judgment as a matter of law. However, it is important to note that motions for summary judgment are not always granted. If you are considering filing a motion for summary judgment, you should consult with an attorney to discuss your case.
Motions for Summary Judgment
