As has been expected as a result of the Florida Supreme Court’s opinion in December 2020 advising its intent to change the summary judgment rule 1.510, the Court has now amended that rule as of May 1, 2021 in IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.510, 46 Fla. L. Weekly S95 (Fla. April 29, 2021). The highlights include the following:
The Florida Supreme Court actually replaced the text of Rule 1.510 with Federal Rule of Civil Procedure 56 with a few “tweaks.”
1.510(a) now says that the rule will be construed “in accordance with the federal standard” meaning we need to cite to federal cases for a while.
Rule 1.510 makes the summary judgment standard like the directed verdict standard: Both focus on “whether evidence presents a sufficient disagreement to require submission to a jury.” Both standards make the burden for showing a genuine issue of fact to be equal with the burden of proof at trial.
To obtain summary judgment, it is not necessary for the non-movant to “disprove” the other side’s case (if the non-moving party has to prove “x” to win at trial, then the party moving for summary judgment can either (a) produce evidence to show that “x” is not so, or (b) that the non-movant lacks the evidence to prove “x”.
The test for whether a genuine issue of fact exists asks the trial judge to decide whether “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.”
The trial judge must articulate the reasons on the record for granting or denying a motion for summary judgment (the Federal rule actually makes it permissive, while 1.510(a) makes it mandatory).
Summary judgment hearings must be set forty (40) days before the hearing (not 20 like the old rule), and responses must be issued within twenty (20) days, not five days, or two days like the old days…