When engaging in civil litigation, one of the key defenses or strategies used is the motion for summary judgment. This legal move has the potential to end the case altogether.
Florida attorneys must be aware that there have been two sets of recent changes to Florida Rule of Civil Procedure 1.510, which governs summary judgment motions. The changes affect the deadline for filing a response to the other party’s motion. Failing to meet those deadlines could mean a total loss for a client.
What is a summary judgment motion?
Essentially, a summary judgment motion asks the court to make a final decision based on the facts presented in the initial case filings instead of proceeding to a full trial.
If granted, a summary judgment motion brings an abrupt end to the case (or, in the case of a partial summary judgment, to particular issues within the case).
In order for a court to grant summary judgment, two things must be shown. First, there must be no disputed facts in the case, based on the initial case filings. Second, the moving party must show that, considering those undisputed facts, the law requires a judgment in their favor.
To prevail against a summary judgment brought by the other side, you must show that one or both of those things are not true.
However, before a responding attorney can hope to prevail, they must first file their response to the motion by the appropriate deadline.
The consequences of losing a summary judgment motion
Losing a summary judgment can be significantly detrimental. If you are the defendant and lose, you might find yourself fully liable. You could lose the case without having had the opportunity for a full trial where evidence could be presented or witnesses heard.
On the other hand, if you are the party seeking summary judgment and your motion is denied, the case continues. This could potentially lead to prolonged litigation and increasing pressure to settle.
Understanding Florida Rule 1.510 after the 2021 and 2025 changes
The adjustments made in 2021 to Rule 1.510 altered some critical timelines in handling motions for summary judgment:
- Initially, motions for summary judgment needed to be served at least 40 days before the hearing date.
- Responses to these motions were required 20 days before this hearing.
However, starting January 1, 2025, these requirements evolved:
- The rule no longer refers specifically to a hearing date.
- Instead, motions must adhere to the deadlines specified in the case management order.
- Responses must now be filed no later than 40 days after service of the motion.
These changes demand attention from attorneys representing clients in civil litigation. Failure to comply with these updated timelines could critically impact the case’s outcome.
Legal malpractice and failing to follow these deadlines
When an attorney fails to live up to the standard of representation expected in their legal community and that failure harms a client financially, it could be legal malpractice.
Regarding Rule 1.510, if an attorney neglects to meet these new deadlines – such as missing the filing deadline for responses – it can directly harm their client’s interests.
For instance:
- Missing the deadline may result in an uncontested motion being granted favorably towards the opposing side.
- Failing to gather necessary evidence or prepare arguments within these new time frames could similarly result in an unfavorable ruling.
Such oversights could be legal malpractice if they adversely affect the outcome of the case.
Get more information
Did your attorney fail to file a summary judgment response by the deadline and it cost you your case? It might be time to consult with a lawyer who handles legal malpractice cases. While losing on summary judgment does not always constitute legal malpractice, missing the deadline to respond to one could.