What are the court rules for a summary judgment hearing?
Summary judgment hearings in Florida are governed by the Rules of Civil Procedure (Rules 1.510 and 1.510(b)). The purpose of a summary judgment hearing is for a court to determine if there are any genuine issues of material fact and to decide if one party is entitled to judgment as a matter of law. A motion for summary judgment must be served on the adverse party at least 20 days before the hearing by mail or personal service. The motion must be supported by sworn affidavits, depositions, answers to interrogatories, and other materials. The opposing party has 10 days to respond to the motion, and must likewise be supported by affidavits, depositions, or other materials that establish a genuine issue of material fact. At the hearing, the court will consider the motion and supporting documents, as well as any opposing materials. The court must determine whether the material facts are sufficient to warrant summary judgment in favor of one of the parties. The court should resolve the issues of fact and law. If the court finds in favor of one of the parties, the court will enter a judgment. In Florida, summary judgment hearings generally follow the same procedure and are governed by the same rules as other civil hearings. However, due to the abbreviated nature of summary judgment proceedings, parties should pay close attention to filing deadlines and be sure to provide all necessary documentation to support their positions.
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