MDK Client Alert: Key Changes to Florida Civil Procedure in 2025

Effective January 1, 2025, Amended Florida Rule of Civil Procedure 1.510 and Florida Rule of Civil Procedure 1.202 will implement changes to Motions for Summary Judgment and communications prior to filing motions.  

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Florida Rule of Civil Procedure 1.510: Summary Judgment

The changes made require the movant to serve the Motion for Summary Judgment consistent with the deadlines specified in the case management order.  

The rule will also change the deadline to respond to a Motion for Summary Judgment. A response is now due no later than 60 days after the service of the motion.

Florida Rule of Civil Procedure 1.202: Conferral Prior to Filing Motions

This new rule sets new requirements for filing a non-dispositive motion.  

Parties are required to meet and discuss the matter to attempt to resolve the dispute without court action before filing a motion, except for a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action.  

The movant must also file with the motion a certificate of conferral stating whether the opposing party agrees on the resolution. If the opposing party is unavailable to confer, the certification will describe in detail all efforts made to contact opposing counsel prior to filing the motion.  

The parties must confer and attempt to resolve the issue raised in the motion prior to reserving a hearing time.

Practical Considerations

The amendments to Florida Rules of Civil Procedure 1.510 and 1.202 emphasize the importance of timely compliance with case management orders and meaningful pre-filing discussions. These changes aim to streamline litigation and encourage early resolution of disputes.  

Clients and counsel should take note of these new requirements to avoid delays or potential pitfalls in their litigation strategy. If you have any questions about how these changes may affect your case or need assistance in navigating the new rules, please contact our team for guidance.