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ARTICLE · 14 JANUARY 2021

New Year, New Standards: Florida Adopts The Federal Summary Judgment Standard

On December 31, 2020, the Florida Supreme Court announced the amendment of Florida's summary judgment standard, adopting the more relaxed federal summary judgment standard...

United StatesLitigation, Mediation & Arbitration

On December 31, 2020, the Florida Supreme Court announced the amendment of Florida's summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency of Florida's civil justice system and relieve parties from the burdens of meritless litigation.

Summary judgment is the procedural device through which parties may avoid an unnecessary trial by proving to the court that there are no issues of fact to be decided by a jury, only legal issues that can be resolved by the court. Florida's adoption of the less-restrictive federal standard will likely make it easier for litigants to prevail on summary judgment and thereby reduce the need for burdensome and expensive trials.

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