motion for reconsideration sample florida

Motion for reconsideration sample florida trial#

Importantly, the amendment should not be any detriment to genuine disputes, cases with true merit in fact, this change is likely to help press such matters toward resolution, either to trial or to settlement. Conversely, where there is no genuine dispute as to a material fact, the amended rule compels the trial court to dispose of meritless cases. 1.150 emphasizes the trial court’s responsibility to rule on matters of law and, in the case of jury trials, leave genuine factual disputes to the jury. While overly simplistic, the amended Fla. Perhaps more importantly, the Court’s efforts stand to benefit all sides of litigation, potentially streamlining some cases and placing a priority on genuine disputes. In some cases, the life of cases has doubled and, naturally, so has the cost of litigation. Without the ability to conduct jury trials for almost a year, and many still awaiting trial, rectifying Florida’s summary judgment standard comes in the middle of an unprecedented backlog. The Court’s timing could hardly be better. The Florida Supreme Court recognized the chasm, contrary to the original intent of the rule, and expressly sought to rectify the issue. Often, the practical result created cases that lingered for years, condoned lazy discovery, increased litigation costs, and allowed even the most unsupported claims to lament or otherwise to proceed and waste precious and limited resources (i.e., the time and expense of jury trials and, particularly, jurors themselves). Not surprisingly, the effect was that trial courts regularly denied motions for summary judgment, deferred on rulings, or otherwise faced reversal at the appellate level for granting summary judgment. Until now, the Florida summary judgment standard put a heavy, and some would have said near-insurmountable, burden on the movant, arguably requiring a defendant to disprove a claim, even a dubious one.

Although textually similar to its federal counterpart, Rule 1.510, Florida Rules of Civil Procedure, has been more broadly interpreted by state courts and, overtime, a chasm grew between the two summary judgment standards.

Largely unknown to the general public, the Florida Supreme Court indicated its intention to wholly adopt the federal summary judgment rule, FRCP 56, set forth by the U.S. Although the rules themselves rarely change significantly, a potentially major change has been brewing all year. Genuine understanding and command of the Florida Rules of Civil Procedure set apart merely adequate representation from exceptional counsel. Informed counsel, and sophisticated clients, know that rules of procedure-although not the most exciting aspect of civil litigation-can be incredibly important.

Motion for reconsideration sample florida