Rule 1.510 of the Florida Rules of Civil Procedure provides in part:
A party seeking to recover upon a claim may move for a summary judgment in that party's favor with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Jacksonville Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff
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How to fill out Florida Affidavit Of Plaintiff Supporting Motion For Summary Judgment By Plaintiff?
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FAQ
Either a plaintiff or a defendant may move for summary judgment on all or part of a claim or defence. Rule 20.04(2) of the Rules of Civil Procedure provides that the court shall grant summary judgment if: ?the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence?.
A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing. (c)Procedures.
A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties' claims or defenses before trial.
Can you File a Motion for Summary Judgment in Florida Before Discovery? A party may move for summary judgment before the discovery phase of a case. This means that, instead of waiting for the other party to provide a response to the lawsuit, the party may move the case forward by presenting the necessary evidence.
Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.
In order to obtain an order for summary judgment, the claimant has to show that the defendant has no defence. In order to resist the application for summary judgment, the defendant must show that there are issues or questions that ought to be tried.
'(2)(a) within 15 days after the date of delivery of the plea, the plaintiff shall deliver a notice of application for summary judgment, together with an affidavit made by the plaintiff or by any other person who can swear positively to the facts.