On April 29, 2021, the Florida Supreme Court formally adopted the summary judgment standard applicable in the federal courts and in the supermajority of states—a standard that will improve the fairness and efficiency of Florida’s civil justice system, relieve parties from the expense and burdens of meritless litigation, and save the work of juries for cases where there are real factual disputes that need resolution.
The decision follows a late December 2020 order in which the Court signaled its intent to adopt the federal standard. As part of that order, the Court solicited public comment from interested parties on the proposed adoption, including whether and to what extent the federal procedural rule on summary judgment should be incorporated into the Florida rule. The Florida Justice Reform Institute submitted a public comment supportive of the adoption of the federal standard.
With the benefit of those public comments and oral argument, the Court elected to adopt the entire text of the federal rule, Federal Rule of Civil Procedure 56, with some modest exceptions for timing-related issues. The Court’s goal in adopting the majority of the federal procedural rule was to ensure the federal standard “take[s] root” in Florida and to “provide greater certainty and eliminate unproductive speculation and litigation over differences between [the federal and state] rules.” The Court also helpfully mandated that trial courts elaborate upon the decision to grant or deny summary judgment, which will provide useful guidance to the parties and, if necessary, allow for appellate review.
FJRI represented by William W. Large.