What Is a Motion for Summary Judgment?
A motion for summary judgment asks the court to decide a case (or specific claims) without a trial, on the ground that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. If the key facts are not actually in dispute, there is nothing for a jury to decide, and the court can rule based on the law.
The Standard in Florida
Summary judgment is governed by Florida Rule of Civil Procedure 1.510. In 2021, Florida amended the rule to adopt the federal summary-judgment standard, making summary judgment somewhat easier to obtain than under prior Florida law. The party opposing the motion cannot rely on mere allegations or speculation; it must point to specific evidence showing a genuine, material factual dispute that requires a trial.
How It Is Used
- To end a case early when the evidence permits only one reasonable conclusion
- To narrow the issues by resolving some claims before trial (partial summary judgment)
- Supported by affidavits, depositions, and documents, with a hearing before the court rules
Related Terms
- Motion to Dismiss — An earlier challenge testing the pleadings
- Pleading — What frames the claims at issue
- Discovery — Produces the evidence used in the motion
Barnes Walker Litigation
Barnes Walker's litigation attorneys file and oppose motions for summary judgment in Florida civil cases. Request a legal inquiry for assistance.
Florida Law Reference
Fla. R. Civ. P. 1.510
Governs summary judgment in Florida; amended in 2021 to adopt the federal standard, allowing judgment without trial where there is no genuine dispute of material fact.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC