Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit
of the State of Florida in and for
DeSoto, Manatee, and Sarasota Counties

Administrative Order No. 2021–19.1

On May 1, 2021, the Florida Supreme Court changed the summary judgment standard provided for in Rule 1.510, Florida Rules of Civil Procedure, to be construed and applied in Florida in accordance with the federal summary judgment standard set in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986). See In re: Amendments to Florida Rule of Civil Procedure 1.510, 309 So.3d 192 (Fla. 2020).

The overarching purpose of Rule 1.510 is “to secure the just, speedy, and inexpensive determination of every action.” Id. at 192. The new standard in Florida for the denial of summary judgment requires evidence that “a reasonable jury could return a verdict for the nonmoving party.” Id. at 193, citing Anderson, 477 U.S. at 248. To prevail at summary judgment, the non-moving party “must offer more than a mere scintilla of evidence for its position; indeed, the nonmoving party must make a showing sufficient to permit the jury to reasonably find on its behalf.” Urquilla-Diaz v. Kaplan Univ., 780 F.3d 1039, 1050 (11th Cir. 2015).

Rule 1.510 makes it mandatory for the trial court to state the reasons for granting or denying a motion for summary judgment, and to do so with particularity sufficient to provide useful guidance to the parties, and if necessary, the reviewing appellate court. In re: Amendments to Florida Rule of Civil Procedure 1.510, 317 So.3d 72, 78 (Fla. 2021).

The existence of uniform summary judgment procedures in the circuit would promote the just, speedy, and inexpensive determination of every action, subject to the assigned judge’s discretion to deviate from those procedures.

The uniform procedures required by this administrative order are designed to focus for the Court whether there is one or more genuine disputes of material fact. These uniform procedures are modelled after the requirements of many federal courts applying the same summary judgment standard.

Pursuant to the authority vested in me as Chief Judge of the Twelfth Judicial Circuit Court, and in accordance with Article V, section 7, Florida Constitution, Rule of General Practice and Judicial Administration 2.215, and section 43.26, Florida Statutes, it is hereby

Ordered and adjudged:

Unless ordered differently by the assigned judge, all summary judgment motions, responses, and optional replies (if any) filed in county or circuit court, must comply with these requirements and uniform procedures. Nothing in this administrative order alters any requirements of Rule 1.510; instead, this administrative order supplements Rule 1.510.

1. Moving Party Requirements

   Each motion for summary judgment must include a specifically captioned section titled, “Statement of Material Facts.”
   1. The Statement of Material Facts may be filed as a separate document within 1 business day after filing the summary judgment motion to permit pinpoint citations.
   2. The Statement of Material facts must list each material fact alleged not to be disputed in separate, numbered paragraphs.
   3. Each fact must be supported by a pinpoint citation to a specific part of the record relied upon to support that fact.
   4. The pinpoint citation must also include:
      1. for Sarasota County, the Document Identification Number (DIN) assigned by the Clerk on the progress docket; or
      2. for Manatee County and DeSoto Counties, the docket number
   5. A general citation without a pinpoint is not permitted and may result in the judge concluding the factual assertion is not properly supported.
   6. The source document supporting each fact referenced in the Statement of Material Facts must be filed with the Clerk and displayed on the progress docket. Source documents already displayed on the progress docket do not need to be refiled.
   7. If a deposition transcript is referenced, the complete, full-sized transcript must be filed, including exhibits. Placing four pages of a deposition transcript on a single page is not permitted.
   8. When preparing the Statement of Material Facts, the moving party must reference only the material facts necessary for the Court to determine the issues presented in the motion for summary judgment.
   9. The Statement of Material Facts shall not include an attorney’s affidavit.
   10. Legal argument shall not be included in the Statement of Material Facts.
   11. Failure to submit a Statement of Material Facts at the time of filing the summary judgment motion constitutes grounds for denial of the motion.

2. Nonmoving Party Requirements

   The nonmoving party must file a response to the Statement of Material Facts. Each response in opposition to a motion for summary judgment must include a specifically captioned section titled “Response to Statement of Material Facts.”
   1. The nonmoving party’s response must mirror the Statement of Material Facts by admitting and/or denying each of the moving party’s assertions of fact in matching numbered paragraphs. The nonmovant may include additional facts; however, the nonmovant must still mirror the movant’s presentation of facts.
   2. Each denial of a fact must set forth a pinpoint citation to the record where the fact is disputed in the same form as above, including:
      1. for Sarasota County, the Document Identification Number (DIN) assigned by the Clerk on the progress docket, and
      2. in Manatee County and DeSoto Counties, the docket number.
   3. A general citation without a pinpoint is not permitted and may result in the Court concluding the moving party’s factual assertion is undisputed.
   4. Each source document referenced in the Response to Statement of Material Facts must be filed with the Clerk and referenced on the progress docket. Source documents already displayed on the progress docket do not need to be refiled.
   5. If a deposition transcript is referenced, the complete, full-sized transcript must be filed, including exhibits Placing four pages of a deposition transcript on a single page is not permitted.
   6. The nonmoving party’s response must correspond with the paragraph scheme used in the Statement of Material Facts.
   7. The Court may deem admitted any fact in the Statement of Material Facts that the nonmoving party does not specifically controvert, provided that the moving party’s statement is supported by evidence in the record.
   8. Additional facts which the nonmoving party contends are material shall be numbered and placed at the end of the nonmoving party’s response and must include pinpoint citations to the record to establish a fact.

This administrative order is effective December 1, 2021 and applies to all Motions for Summary Judgment filed on or after that date.

This order shall remain in full force and effect until further order of this court.

Done and ordered in Chambers, Sarasota County, Florida, this 9^th day of November, 2021.

Charles E. Roberts
Chief Judge