|Background:||The defendant in your civil case moved for summary judgment (under Rule 56)|
|Problem:||You're unsure of how to put forth a well-formulated response|
|Solution:||You follow this guide for responding in opposition to the defendant's motion|
preverdict judgment of the court in response to a motion by plaintiff or defendant, rendered when the court perceives that only questions of law are in dispute, or that the court's decision must be the same regardlesss of which party's version of the facts is accepted. It is a device designed to effect a prompt disposition of controversies on their merits without resort to a lengthy trial.
Rule 56 Fed. R. Civ. P. | Summary Judgment
(a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.
Rule 1.510 Fla. R. Civ. P. | Summary Judgment
(b) For Defending Party. A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party’s favor as to all or any part thereof at any time with or without supporting affidavits.
(c) Motion and Proceedings Thereon. The motion must state with particularity the grounds upon which it is based and the substantial matters of law to be argued and must specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (“summary judgment evidence”) on which the movant relies.
The movant must serve the motion at least 20 days before the time fixed for the hearing, and must also serve at that time a copy of any summary judgment evidence on which the movant relies that has not already been filed with the court.
The adverse party must identify, by notice served pursuant to Florida Rule of Judicial Administration 2.516 at least 5 days prior to the day of the hearing if service by mail is authorized, or delivered, electronically filed, or sent by e-mail no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies. To the extent that summary judgment evidence has not already been filed with the court, the adverse party must serve a copy on the movant pursuant to Florida Rule of Judicial Administration 2.516 at least 5 days prior to the day of the hearing if service by mail is authorized, or by delivery, electronic filing, or sending by e-mail no later than 5:00 p.m. 2 business days prior to the day of hearing.
The judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. Local Rule 3.01 USFLMD | Time to Respond
A party may respond to a motion…for summary judgment… within twenty-one days after service of the motion.
|1||TBD case. USFLMD. Pro Se Filing. 2023. (Title VII/etc.). Filing Date. Wrong Case Number.|
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will raise this on TBD's priority list
|2||DOAH. Attorney Filing. 2003. (School Administrators). Opportunity to be Heard.|
|1||Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").|
“particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or...” - Rule 56(c)(1)(A) Fed. R. Civ. P.
“As this court and other appellate courts have repeatedly held, the burden of proving the absence of a genuine issue of material fact is upon the moving party.” - Holl v. Talcott, 191 So.2d 40 (Fla. 1966)
“Rather, as the Court confirms, a party who moves for summary judgment on the ground that the nonmoving party has no evidence must affirmatively show the absence of evidence in the record.” - Celotex v. Catrett, 477 U.S. 317 (1986)
“the party opposing the motion for summary judgment bears the burden of responding only after the moving party has met its burden of coming forward with proof of the absence of any genuine issues of material fact.” - Celotex v. Catrett, 477 U.S. 317 (1986)
“Accordingly, the nonmoving party may defeat a motion for summary judgment that asserts that the nonmoving party has no evidence by calling the court's attention to supporting evidence already in the record that was overlooked or ignored by the moving party.” - Celotex v. Catrett, 477 U.S. 317 (1986)
“At the summary judgment stage, the trial judge's function is not himself to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial.” - Anderson v. Liberty Lobby, 477 U.S. 242 (1986)
“As explained above, at the summary judgment stage of the action, the court must construe all evidence and inferences in the light most favorable to the nonmoving party.” - Allen v. Tyson, 121 F.3d 642 (11th Cir. 1997)
With the use of the template (as well as the samples above), you can more easily draft your Response in Opposition to Defendant's Motion for Summary Judgment (Federal, under Rule 56 Fed. R. Civ. P.).