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RELATED DOCUMENTS:
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 Motion for Summary Judgment

 

 Eleventh Circuit Court, Florida
 Miami Dade County

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 Timing

Plaintiff-Twenty (20) Days After Commencement of the Action

A plaintiff, or any party seeking affirmative relief, may bring a motion for summary judgment any time after more...    If the defending party has served a motion for summary judgment, the plaintiff may move for summary judgment more...   

Defendant-At Any Time

A defending party may move for summary judgment at any time. . more...

Briefing Schedule

Moving Party-Twenty (20) Days' Notice

The movant shall serve the motion at least 20 days before the time fixed for the hearing, and more...

Opposing Party-Five (5) Days Prior to Hearing

The opposing party must serve its evidence in opposition to the motion for summary judgment by mail no more...

Scheduling the Hearing

Hearings times should be arranged with the judge's judicial assistant. It is customary and courteous to coordinate hearing times with opposing counsel as well. more...

Cut-Off Date

Judges often set a specific cut-off date for motions for summary judgment, usually in a Case Management Order more...

 Rules & Requirements

Showing Required: Summary Judgment

The moving party will be entitled to judgment as a matter of law if the "pleadings, depositions, answers more...

Summary Adjudication

A motion for summary adjudication permits the court to adjudicate some, but not all, of the pleading issues. more...

At the hearing on the motion for summary judgment, the court may, by reviewing the pleadings and evidence more...

 Form & Format of Papers

Must Be In Writing

Motions must be made in writing, unless they are made orally during a hearing or trial. . more...

Caption

Every pleading, motion, order, judgment, or other paper shall have a caption containing the name of the court, more...

The Supreme Court sets forth an acceptable form of the caption in .901. more...

Notice of Hearing

Every motion must include a notice of hearing. "All notices of hearing shall specify each motion or other matter to be heard." more...

Set Forth Grounds

Motions must "state with particularity the grounds" on which they are based. . more...

Set Forth Relief Sought

Motions must "set forth the relief or order sought." . more...

Memorandum of Law

There is no specific requirement that a motion be supported by a written memorandum of law.Customarily, where a memorandum of law is presented in support of a motion, a courtesy copy is provided more...

Content of Memorandum

As a matter of custom, a memorandum of law should contain a statement of facts, a concise statement more...

Signature

Required

Every pleading, motion, or other paper filed must be signed by an attorney who is a member of more...

Signature Constitutes Certification

The signature shall constitute a certificate by the attorney that the attorney has read the paper; that to more...

Unrepresented Parties

"A party who is not represented by an attorney shall sign any pleading or other paper and state more...

Additional Formatting Requirements

Eleventh Circuit Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS more...

 Evidence

Evidence Required For Summary Judgment Motion

A motion for summary judgment must be supported by evidence.The evidence may consist of verified pleadings, depositions, answers to interrogatories, authenticated photographs and drawings, prior testimony, documents to more...

Affidavits Supporting Motions

For motions for summary judgment, affidavits must be made on personal knowledge, must set forth admissible evidence, and more...

Deposition Testimony

As a matter of custom and practice, the first page of any deposition testimony used as an exhibit more...

Judicial Notice

Eleventh Circuit Court SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

 Additional Documents

Proposed Order

It is customary for the attorney to prepare the proposed order. Eleventh Circuit Court SmartRules procedural guide: more...

 Filing & Service

Filing

Eleventh Circuit Court SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Eleventh Circuit Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Timing

Personal, mail, or facsimile service of moving papers must be made a reasonable time before the time specified more...

 Hearing & Disposition

Hearing Dates

As a matter of Florida custom and practice, judges typically require reservation of hearing dates, which may be more...

Appearance At Hearing

Customarily, a party's attendance at the hearing is required for the court to consider the motion. more...

Telephonic Appearance

Counsel may request permission to appear telephonically. . Eleventh Circuit SmartRules procedural guide: REQUEST FOR TELEPHONIC APPEARANCE. more...

Order on Summary Judgment

If the court grants the motion for summary judgment, an order is unnecessary and the court will enter more...

 Effect on Trial

Motion For Summary Adjudication

If a motion for summary adjudication is granted, the issue(s) as to which the motion was granted are more...

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Florida - 11th Circuit
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