What are the steps for filing a motion for summary judgment?
Filing a motion for summary judgment in the state of Florida is a process comprised of several steps. First, the moving party must draft a motion for summary judgment and file it in the appropriate courthouse. The motion should include a brief statement of the facts and legal theories that support the motion. The moving party must also provide relevant evidence to support the motion, such as affidavits, documents, and depositions. The moving party must then serve the motion on the opposing party. This can be done by mailing, faxing, or hand-delivering the motion to the opposing party. The moving party must also provide the opposing party with a statement of material facts with specific references to the evidence that supports the motion. After serving the motion, the moving party must wait for a response from the opposing party. The opposing party will have twenty days to respond to the motion and may file an opposition if they do not agree with it. Once the opposing party has responded, the court will set a hearing date for the motion. At the hearing, both parties will present evidence and make their arguments in support of or opposition to the motion. The court will then issue a decision on the motion. If the court grants the motion, summary judgment will be entered in favor of the moving party. This means that the court finds that there are no genuine issues of material fact and grants a judgment as a matter of law. If the motion is denied, the case will proceed to trial.
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