February 24, 2017
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Affidavits

Hillsborough County – 13th Circuit Court, Florida

Timing

Affidavits Opposing Summary Judgment

A party moving for summary judgment must serve any supporting affidavits at least twenty (20) days prior to the date scheduled for the hearing. A party opposing summary judgment must serve any opposing affidavits at least five (5) days prior to the scheduled hearing if service is by mail, or at least two (2) business days prior to the hearing if service is by personal delivery. Fla. R. Civ. P. 1.510(c) (amended eff 9/1/12).

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Rules & Requirements

 

Caption

If filed on its own rather than as an exhibit to a motion, the affidavit must contain a caption. The caption of an affidavit must state the name of the court, the file or case number, the name of the first party on each side, and a designation identifying the party filing it and its nature (e.g., "Plaintiff's Affidavit in Support of Opposition To Summary Judgment"). Fla. R. Civ. P. 1.100(c).

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