Florida Family Laws on a Motion for Summary Judgment

Family Law Rules of Procedure

• Rule 12.160 of the Family Law Rules of Procedure provides that "motions shall be governed by Florida Rule of Civil Procedure." Similarly, Rule 12.510 of the Family Law Rules of Procedure provides that "summary judgment shall be governed by Florida Rule of Civil Procedure." Hence, it is necessary to defer to the civil rules for Motions for Summary Judgment in family law matters.
  
  

Rule 1.160

• Rule 1.160 of the Florida Civil Rule of Procedure stipulates that motions shall be filed with clerk of the court according to the proceeding for filing pleadings. Pleadings must be captioned with the jurisdiction, venue, style of the case (party names), case number and heading (in this case, "Motion for Summary Judgment"). Pleadings must be signed and served upon the adverse party upon filing with the court.
  
  

Rule 12.160

• Rule 12.160 of the Florida Rule of Civil Procedure provides that either the claimant or the defendant may move for a summary judgment in that party's favor upon all or any part of a case after the expiration of 20 days from the commencement of the civil action or after service of a motion for summary judgment by the adverse party. A Motion for Summary Judgment must state the grounds upon which it is founded and set forth the relevant points of law in support of the motion. The motion must specifically identify affidavits, answers to interrogatories, admissions, depositions and any other pleadings or materials that are admissible evidence. The moving party must serve the Motion for Summary Judgment at least 20 days prior to the date of the scheduled hearing on the matter. The moving party must also attach to the Motion a copy of all evidence in support of the Motion that will be presented to the court.
  
  

Rule 12.160 Continued

• The adverse party shall identify, by notice mailed to the moving party's attorney at least five days prior to the day of the scheduled hearing or delivered no later than 5 p.m. two days prior to the hearing, any evidence in support of or against summary judgment upon which the adverse party relies. At the time of the scheduled hearing, the court decides if there are triable issues as to any material fact. If the court decides that a moving party is entitled to summary judgment as a matter of law, a summary judgment may be rendered upon the whole case or parts of the case, such as the relief asked. Substantial controversy and disputed material facts will still proceed to trial.