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Florida Civil Procedure for Summary Judgment - New Rules

1h

Created on February 01, 2023

Beginner

CC

$89

Overview

Learn more about the new Florida procedural rule requiring specific evidentiary support for your motion for summary judgment. Effective May 1, 2021, pursuant to In re Amendments to Florida Rule of Civil Procedure 1.510, 309 So.3d 192 (Fla. 2020), Florida became the 39th state to adopt the federal summary judgment standard articulated by the US Supreme Court in the Celotex trilogy (Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) and Matsushita Elec. Indus. Co. v. Zenith Radio Corp, 475 U.S. 574 (1986)). We will discuss the old Florida standard vs. the federal standard, comments from the public about the new standard and the rulemaking rationale, and practical challenges and tips to succeed in obtaining a summary judgment or defeating a motion. 


Learning Objectives:

  1. Understand the differences between Florida's prior Summary Judgment civil procedure rules and the 2021 amendments 

  2. Discuss the rationale for the rule changes and public comments identifying challenges to implementation

  3. Learn practice tips to successfully present a motion for summary judgment under the rules and also to defend a motion

  4. Prepare for oral argument on Summary Judgment Motions in Florida state courts


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