At least twenty (20) days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant’s supporting factual position. Fla. R. Civ. P. 1.510 (c) (amended eff 5/1/21).
Individual judges may set forth preferences regarding the timing of the filing and service of moving and opposition papers. Be sure to consult with the Judge’s clerk.
Court information can be found in our Courts & Codes section.
The Court may set motion cut-off dates or deadlines in a Case Management Conference. Fla. R. Civ. P. 1.200 (a)(1) (amended eff 8/1/17).
A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
Citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
Showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
Pursuant to Florida case law, a court may order a continuance if it appears that an opposing party cannot present facts to justify opposition by affidavit. The continuance may be granted to permit the opposing party to obtain affidavits, take depositions, or apply for discovery to obtain such facts. The opposing party must show that he or she used reasonable diligence to attempt to obtain the affidavit prior to the hearing or that there are newly discovered facts. A movant may renew a motion that has previously been denied if he or she asserts new grounds or if additional proof is filed.
If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
Defer considering the motion or deny it;
Opposing affidavits must be made on personal knowledge, set out facts that would be admissible in evidence, and must show that the affiant or declarant is competent to testify on the matters stated therein. Fla. R. Civ. P. 1.510 (c)(4) (amended eff 5/1/21).
A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. Fla. R. Civ. P. 1.510 (c)(2) (amended eff 5/1/21).
Affidavits or declarations used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and must show that the affiant is competent to testify to the matters set forth. Fla. R. Civ. P. 1.510 (b)(4) (amended eff 5/1/21).
Presumably, these requirements would apply to declarations submitted in support of any motions. See Miami-Dade County – 11th Circuit Court SmartRules™ procedural guide: AFFIDAVITS.
As a matter of custom and practice, the first page of any deposition testimony used as an exhibit must state the name of the deponent and the date of the deposition. The exhibit should include only the relevant pages of the transcript and the original page numbers should be clearly visible. The relevant testimony should be highlighted.
See Miami-Dade County – 11th Circuit Court SmartRules™ procedural guide: REQUEST FOR JUDICIAL NOTICE.
It is customary for the attorney to prepare the proposed order. See Miami-Dade County – 11th Circuit Court SmartRules™ procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING.
See Miami-Dade County – 11th Circuit Court SmartRules™ procedural guide: FILING DOCUMENTS.
See Miami-Dade County – 11th Circuit Court SmartRules™ procedural guide: SERVICE OF PAPERS.
There is no rule or statute governing the timing of the service of opposition papers.
Service of moving papers and notice of hearing must be made a reasonable time before the time specified for hearing. Fla. R. Civ. P. 1.090 (d) (amended eff 10/28/21).
As a matter of Florida custom and practice, judges typically require reservation of hearing dates, which may be made through the judge's judicial assistant.
Customarily, a party's attendance at the hearing is required for the court to consider the motion.
A court official may authorize the use of communication technology for the presentation of testimony or for other participation in a proceeding upon the written motion of a party or at the discretion of the court official.Fla. R. Jud. A. 2.530 (b) (amended eff 10/1/22). See Miami-Dade County – 11th Circuit SmartRules™ procedural guide: REQUEST FOR TELEPHONIC APPEARANCE.
Copyright © RPCD Holdings LLC 2003-2024 exclusive of the text of government codes.
Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. See terms of use for more details.