Parties to a lawsuit often want to get the whole thing over with quickly. If they feel the material facts are on their side, they usually file a motion for summary judgment. A judge might grant all or part of this motion, which means the party that did not file the motion loses on the claims contested in the motion. In the past, Florida rules pertaining to summary judgment motions applied. Going forward, courts have decided to use federal summary judgment law instead.
The New Rule – Rules of Civil Procedure
Both state courts and federal courts use bodies of regulations called Rules of Civil Procedure to govern cases in civil courts. Although similar, there can be significant differences between state and federal rules of civil procedure.
The Florida Supreme Court recently made sweeping changes to incorporate or mirror federal summary judgment laws. Reasons for the modifications include:
- Improving the “fairness and efficiency of Florida’s civil justice system.”
- Relieving parties from expensive, yet meritless, litigation.
- Using juries for cases where real factual disputes exist.
Also, Florida courts are facing unprecedented backlogs because of COVID-19. The Court hopes that the new rule will help eliminate frivolous lawsuits while conserving court resources for more legitimate cases.
What changes will Florida litigators see with the new rule in effect?
Using Federal Summary Judgment Law in Florida State Courts
The amended Florida Rule of Civil Procedure 1.510 uses much of the language contained in Federal Rule of Civil Procedure 56. Pending cases fall under this new standard as well as “any summary judgment motions decided on or after May 1, 2021.”
Some of the most important changes to motions for summary judgment motions include:
- Florida’s standard for summary judgment motions now closely follows the directed verdict standard. Judges will decide whether the evidence supports submitting the case to a jury or whether one party wins the issue as a matter of law.
- The party that filed the summary judgment motion (the “moving party”) does not have to “negate” the opposing party’s claims. Instead, the moving party just has to prove there’s no evidence to support the other party’s claims.
- The term “genuine issue of material fact” changes the opposing party has to provide factual evidence that a reasonable jury might use to return a verdict in their favor.
- The time to file summary judgment motions has been extended.
- The court’s ruling must state specifically why the motion was granted or denied.
Adapting Florida rules to federal summary judgment law could help Florida litigators and their clients. For example, cases may move more quickly through the system. Also, requiring that orders granting or denying motions for summary judgment be more specific will benefit parties that decide to appeal the ruling.
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Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.