"Motions for Summary Judgment and Discovery: The 2021 Rule Changes Continue to Emerge."
Catherine Moussa discussed Florida's shift to federal summary judgment standards in 2021, highlighting key changes in how courts handle pending discovery in these motions in an article published in the Daily Business Review. Prior to 2021, Florida courts typically held that litigants could substantially complete or even finish all outstanding discovery before the court would consider a motion for summary judgment.
The new standard no longer disfavors granting summary judgment and doesn't require moving parties to conclusively negate opposing claims. Instead, they need only show an absence of evidence supporting the non-moving party's case. While Rule 1.510 allows parties to request additional discovery time through sworn affidavits, they must now specifically outline what facts they seek and why they don't have them yet.
“No longer can a non-moving party make mere allegations to win these motions, nor can they merely assert that a factual dispute exists. Instead, they must show evidence of the disputed material facts or identify the specific facts they intend to obtain from further discovery and how those facts will win the motion,” Moussa explained. “Furthermore, a non-moving party will be required to demonstrate why they do not yet have those facts. Sometimes, this lack of facts can be due to complicated cases with significant discovery. Sometimes it can be due to the moving party’s obstinance and refusal to cooperate, but sometimes it can be due to the non-moving party sitting on their hands and not conducting any discovery for months or even years until the opposing party files a motion for summary judgment. Now, the court will decide whether further discovery is warranted and whether summary judgment is proper.”
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