Supreme Court of Florida

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No. SC21-966

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IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULE OF 

PROCEDURE 12.510.

July 8, 2021

PER CURIAM.

The Court, on its own motion, amends Florida Family Law 

Rule of Procedure 12.510 (Summary Judgment).1 These 

amendments incorporate into the family law rules our recent 

changes to Florida Rule of Civil Procedure 1.510 (Summary 

Judgment).

When the Court first adopted the family law rules in 1995, it 

rejected the Family Law Rules Committee’s recommendation to 

place the text of our civil rules of procedure into the new family law 

rules. See In re Fam. L. Rules of Proc., 663 So. 2d 1047, 1047-48 

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. 

Gen. Prac. & Jud. Admin. 2.140(d).
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(Fla. 1995). However, the Court revisited the issue in 2017, with 

the Committee explaining developments in marital and family law 

practice and contending “that a stand-alone rule set will be helpful 

and less confusing for pro se litigants in that for most issues they 

will not have to consult multiple sets of rules for guidance.” In re 

Amends. to Fla. Fam. L. Rules of Proc., 214 So. 3d 400, 401 (Fla. 

2017). Therefore, in 2017, this Court incorporated the text of the 

civil procedure rules into the family law rules to create “a standalone set of Family Law Rules of Procedure.” Id.

Recently, this Court amended Florida Rule of Civil Procedure 

1.510 to adopt almost all the text of Federal Rule of Civil Procedure 

56 and to align Florida’s summary judgment standard with the 

federal standard. See In re Amends. to Fla. Rule of Civil Proc. 1.510, 

46 Fla. L. Weekly S95 (Fla. Apr. 29, 2021). In keeping with our 

decision in 2017 to have a stand-alone set of family law rules, we 

now adopt amendments to Florida Family Law Rule 12.510 to 

incorporate the recent changes to Florida Rule of Civil Procedure 

1.510.

Accordingly, the Florida Family Law Rules of Procedure are 

amended as reflected in the appendix to this opinion. New 
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language is indicated by underscoring; deletions are indicated by 

struck-through type. The amendments shall become effective 

immediately upon the issuance of this opinion. Because the 

amendments were not published for comment previously, interested 

persons shall have seventy-five days from the date of this opinion in 

which to file comments with the Court.2

It is so ordered.

CANADY, C.J., and POLSTON, LAWSON, MUÑIZ, COURIEL, and 

GROSSHANS, JJ., concur.

LABARGA, J., dissents with an opinion.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

2. All comments must be filed with the Court on or before 

September 21, 2021, as well as a separate request for oral 

argument if the person filing the comment wishes to participate in 

oral argument, which may be scheduled in this case. If filed by an 

attorney in good standing with The Florida Bar, the comment must 

be electronically filed via the Florida Courts E-Filing Portal (Portal) 

in accordance with In re Electronic Filing in the Supreme Court of 

Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. 

AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not 

licensed to practice in Florida, the comment may be, but is not 

required to be, filed via the Portal. Any person unable to submit a 

comment electronically must mail or hand-deliver the originally 

signed comment to the Florida Supreme Court, Office of the Clerk, 

500 South Duval Street, Tallahassee, Florida 32399-1927; no 

additional copies are required or will be accepted.
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LABARGA, J., dissenting.

For the reasons expressed in my dissent in In re Amendments 

to Florida Rule of Civil Procedure 1.510, 46 Fla. L. Weekly S95 (Fla. 

April 29, 2021), I dissent to the amendments to rule 12.510, Florida 

Family Law Rules of Procedure.

Original Proceeding – Florida Family Law Rules of Procedure
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APPENDIX

Rule 12.510 Summary Judgment

(a) For Claimant.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 shall state on the record 

the reasons for granting or denying the motion. The summary 

judgment standard provided for in this rule shall be construed and 

applied in accordance with the federal summary judgment 

standard.A party seeking to recover on a claim, counterpetition, 

crossclaim, or third-party claim or to obtain a declaratory judgment 

may move for a summary judgment in that party's favor on all or 

any part of it with or without supporting affidavits 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.

(b) For Defending Party.Time to File a Motion. 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.A party against whom a claim, 

counterpetition, 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 of it at any time with or 

without supporting affidavits.

(c) Motion and Proceedings Thereon.Procedures.

(1) Supporting Factual Positions. A party asserting that a 

fact cannot be or is genuinely disputed must support the assertion 

by:
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(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.

(5) Timing for Supporting Factual Positions. At the time of 

filing a motion for summary judgment, the movant must also serve 

the movant’s supporting factual position as provided in subdivision 

(1) above. At least 20 days before the time fixed for the hearing, the 

nonmovant must serve a response that includes the nonmovant’s 

supporting factual position as provided in subdivision (1) above.The 

motion must state with particularity the grounds on 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 any summary judgment evidence on which the movant 

relies that has not already been filed with the court. The adverse 
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party must identify, by notice served under Florida Rule of Judicial 

Administration 2.516 at least 5 days prior to the day of the hearing, 

or delivered 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 under rule 2.516 at least 5 

days prior to the day of the hearing, or by delivery to the movant's 

attorney no later than 5:00 p.m. 2 business days prior to the day of 

the 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.

(d) Case Not Fully Adjudicated on Motion.When Facts Are 

Unavailable to the Nonmovant. If a nonmovant shows by affidavit 

or declaration that, for specified reasons, it cannot present facts 

essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to

take discovery; or

(3) issue any other appropriate order.On motion under 

this rule if judgment is not rendered on the whole case or for all the 

relief asked and a trial or the taking of testimony and a final 

hearing is necessary, the court at the hearing of the motion, by 

examining the pleadings and the evidence before it and by 

interrogating counsel, must ascertain, if practicable, what material 

facts exist without substantial controversy and what material facts 

are actually and in good faith controverted. It must then make an 

order specifying the facts that appear without substantial 

controversy, including the extent to which the amount of damages 

or other relief is not in controversy, and directing such further 

proceedings in the action as are just. On the trial or final hearing of 
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the action the facts so specified shall be deemed established, and 

the trial or final hearing shall be conducted accordingly.

(e) Form of Affidavits; Further Testimony.Failing to 

Properly Support or Address a Fact. If a party fails to properly 

support an assertion of fact or fails to properly address another 

party’s assertion of fact as required by rule 1.510(c), the court may:

(1) give an opportunity to properly support or address the 

fact;

(2) consider the fact undisputed for purposes of the 

motion;

(3) grant summary judgment if the motion and 

supporting materials—including the facts considered undisputed—

show that the movant is entitled to it; or

(4) issue any other appropriate order.Supporting and 

opposing affidavits must be made on personal knowledge, must set 

forth such facts as would be admissible in evidence, and must show 

affirmatively that the affiant is competent to testify to the matters 

stated therein. Sworn or certified copies of all documents or parts 

thereof referred to in an affidavit must be attached to it or served 

with it. The court may permit affidavits to be supplemented or 

opposed by depositions, answers to interrogatories, or by further 

affidavits.

(f) When Affidavits Are Unavailable.Judgment 

Independent of the Motion. After giving notice and a reasonable 

time to respond, the court may:

(1) grant summary judgment for a nonmovant;

(2) grant the motion on grounds not raised by a party; or

(3) consider summary judgment on its own after 

identifying for the parties material facts that may not be genuinely 

in dispute.If it appears from the affidavits of a party opposing the 
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motion that the party cannot for reasons stated present by affidavit 

facts essential to justify opposition, the court may refuse the 

application for judgment or may order a continuance to permit 

affidavits to be obtained or depositions to be taken or discovery to 

be had or may make such other order as is just.

(g) Affidavits Made in Bad Faith.Failing to Grant All the 

Requested Relief. If the court does not grant all the relief 

requested by the motion, it may enter an order stating any material 

fact—including an item of damages or other relief—that is not 

genuinely in dispute and treating the fact as established in the 

case.If it appears to the satisfaction of the court at any time that 

any of the affidavits presented under this rule are presented in bad 

faith or solely for the purpose of delay, the court must immediately 

order the party employing them to pay to the other party the 

amount of the reasonable expenses which the filing of the affidavits 

caused the other party to incur, including reasonable attorneys' 

fees, and any offending party or attorney may be adjudged guilty of 

contempt.

(h) Affidavit or Declaration Submitted in Bad Faith. If 

satisfied that an affidavit or declaration under this rule is submitted 

in bad faith or solely for delay, the court—after notice and a 

reasonable time to respond—may order the submitting party to pay 

the other party the reasonable expenses, including attorney’s fees, 

it incurred as a result. An offending party or attorney may also be 

held in contempt or subjected to other appropriate sanctions.

Commentary

2021 Amendment. This rule is amended to correspond with 

Florida Rule of Civil Procedure 1.510, which was recently amended 

to adopt almost all the text of Federal Rule of Civil Procedure 56.