Adoption By the Numbers: Two Years Later, How Should the Florida Courts Navigate the Not-So-New Florida Summary Judgment Rule?

The Florida Supreme Court changed a rule about summary judgment motions in lawsuits to make it easier for one side to win the case without going to trial. Before, it was really hard to win this way, but now it’s a bit easier. Even though the rule changed a while ago, some courts in Florida are still not using it correctly. The court said the change was made to make lawsuits go faster and be more fair. Florida courts recently changed the rules for summary judgment, making it easier for lawyers to win these motions. Now, the standard for summary judgment is the same as the standard for directed verdict, and a lawyer can win a summary judgment without having to disprove the other side’s case. This change makes it more likely for lawyers to use summary judgment motions to win cases, especially in lawsuits about things like contracts, insurance, and accidents. In a court case, a defendant can try to get the case thrown out early by showing that there isn’t enough evidence for the plaintiff to win at trial. This makes it easier for the defendant to win without going to trial. After a rule change in Florida courts, it’s now harder for the party being sued to prevent the case from going to trial. The change was made to make the legal process more efficient. But two years later, there’s still confusion about how to use the new rule. We looked at 1,470 cases and found that only 40% of courts were applying the new standard correctly, while 21% were not applying it at all. Another 39% were still using the old rule because the cases were decided before the change. The Florida state docket is very backed up, but a new rule can help resolve cases faster. It allows lawsuits to be simplified to just the strong claims, which can reduce trial time and save money. This means juries will only decide on important claims, which saves everyone’s time. After the court makes a decision on the important claims, it can lead to settlements between the parties. Lawyers need to be prepared and have evidence to support their arguments. They also need to make sure the court’s decision is clearly stated, to avoid unnecessary appeals. Nowadays, lawyers can’t surprise the other side with an argument during a summary judgment hearing. Instead, they have to file a response to the other side’s motion. If they don’t, the court might consider the other side’s facts as true and grant them summary judgment.

Source: https://www.floridabar.org/the-florida-bar-journal/adoption-by-the-numbers-two-years-later-how-should-the-florida-courts-navigate-the-not-so-new-florida-summary-judgment-rule/