Florida Civil Motion Practice: A Comprehensive Guide

Florida civil motion practice is governed primarily by the Florida Rules of Civil Procedure (Fla. R. Civ. P.), which apply in Circuit Courts statewide. While many concepts parallel federal practice, Florida has distinct requirements, standards, and procedures that practitioners must master. This guide covers the major motion categories and practical compliance rules.

General Motion Requirements and Procedures

Format and Filing Requirements

All motions in Florida must comply with Fla. R. Civ. P. 1.100 and local court rules. A motion package typically includes:

Page limits are set by Fla. R. Civ. P. 1.100 and local rules. Most Circuit Court rules cap briefs at 15 pages for standard motions, though more complex motions may allow greater length. Word counts generally range from 7,000 to 8,400 words depending on the local court.

Service and Notice Requirements

Fla. R. Civ. P. 1.100(b) requires that motions receive notice unless the court orders otherwise. The party filing the motion must serve all papers on opposing counsel at least 5 days before the hearing date (except for motions requiring a different notice period). Service may be by mail, email, hand delivery, or other methods permitted by the Florida rules and local practice.

Key distinction from federal practice: Florida does not require mailing to occur 3 business days before the deadline; the 5-day rule is measured from the date of service, and practitioners should verify local rules, which may impose additional requirements.

Hearing and Submission on Papers

Unless the court orders a hearing or a party requests oral argument in compliance with local rules, motions may be decided on the papers without a hearing (Fla. R. Civ. P. 1.100(e)). Always check the local rules for your circuit and division to determine whether oral argument is available, how to request it, and any page limits for oral argument presentations.

Opposition and Reply

The non-moving party should file an opposition brief at least 2 days before the hearing (per local rules; some circuits require more time). The moving party may file a reply brief if permitted by local rules, typically due 1 day before hearing.

E-Filing and Paper Filing

Florida courts have largely transitioned to electronic filing. Fla. R. Civ. P. 2.500-2.536 governs electronic filing statewide. Most Circuit Courts now require e-filing through the Florida Courts E-Filing Portal (EFSP) or a court-designated system. Paper filing is generally not permitted unless the filer qualifies for an exemption (e.g., self-represented litigants, attorneys with technological impediments) and receives court authorization.

Motion to Dismiss for Failure to State a Claim

Pleading Standard

Florida follows notice pleading, similar to FRCP 12(b)(6). However, there is a critical difference: Fla. R. Civ. P. 1.110(b) requires that allegations of fact be simple, concise, and direct. More importantly, Florida courts have held that while notice pleading is the standard, a complaint must contain sufficient factual allegations to state a claim "with enough facts to raise a reasonable expectation that discovery will reveal evidence of the elements" (Saucier v. Judicial Retirement Administrative Plan, 241 So.3d 1047 (Fla. 2018)).

This is somewhat more stringent than the federal Twombly/Iqbal standard and requires more than "formulaic recitation of elements."

Motion to Dismiss Standard

A motion to dismiss for failure to state a claim is brought under Fla. R. Civ. P. 1.140(b)(6). The movant must show that the complaint fails to state a cause of action for which relief can be granted. The court must accept all well-pleaded allegations as true and view them in the light most favorable to the plaintiff.

Timing: The motion must be filed before or with the answer, unless the court permits it to be filed later.

Procedure

The motion need not be accompanied by extensive affidavits if it challenges the legal sufficiency of the pleading alone. However, if factual matters outside the pleading are considered, the motion may be converted to a motion for summary judgment under Fla. R. Civ. P. 1.140(b)(6).

Motion for Summary Judgment

Standard and Legal Test

A motion for summary judgment is granted when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law (Fla. R. Civ. P. 1.510(c)). Florida follows a burden-shifting framework:

1. The moving party must demonstrate the absence of a genuine issue of material fact
2. Once met, the burden shifts to the non-moving party to establish the existence of a genuine issue of material fact
3. The court reviews all evidence in the light most favorable to the non-moving party

When to File and Deadline

Summary judgment motions may be filed at any time until 30 days after the close of discovery (Fla. R. Civ. P. 1.510(a)), unless the court allows otherwise. In cases where no discovery is conducted, the motion may be filed earlier. The motion must be heard at least 20 days before trial, unless the court orders otherwise (Fla. R. Civ. P. 1.510(a)).

Supporting Materials

The moving party must support the motion with affidavits, depositions, interrogatory responses, admissions, or other competent evidence (Fla. R. Civ. P. 1.510(c)). Critical requirement: Affidavits must be based on personal knowledge and state facts that would be admissible in evidence.

Partial Summary Judgment

Fla. R. Civ. P. 1.510(a) permits summary judgment on individual claims or issues. A court may grant summary judgment as to liability while leaving damages for trial, or vice versa.

Motion for Judgment on the Pleadings

Fla. R. Civ. P. 1.140(b)(7) provides for a motion for judgment on the pleadings after the opposing party has filed a pleading (typically an answer). This motion tests the legal sufficiency of the pleadings alone and is similar to a motion to dismiss. It is less commonly used in Florida practice than summary judgment and is rarely successful unless the opponent's answer contains an admission or concession that defeats their claim.

Motion to Compel Discovery

Meet-and-Confer Requirement

Fla. R. Civ. P. 1.380(a) requires that before filing a motion to compel, the moving party must attempt in good faith to obtain disclosure without court action. The motion should state the discovery sought, the response provided (or lack thereof), and the effort to resolve the dispute. Some local rules require a certification of compliance.

Filing and Procedure

The motion is filed in the Circuit Court and should include:

Fee-Shifting

If the motion to compel is granted, the court must award the moving party the expenses and attorney's fees incurred in obtaining the order, unless one of the following exceptions applies (Fla. R. Civ. P. 1.380(a)(5)):

This fee-shifting provision is much more automatic in Florida than under the federal rule.

Motion in Limine

Purpose and Timing

A motion in limine is filed to exclude evidence before trial. Fla. R. Civ. P. 1.280(e) permits these motions and does not specify a filing deadline, but local rules typically require filing at least 30 days before trial. The motion should be in writing and include a memorandum of law with supporting citations.

Common Topics

Prior Bad Acts and Character Evidence: Motions to exclude evidence of prior bad acts or specific instances of conduct (similar to federal FRE 404(b) concepts) must identify the specific evidence and explain why it is unfairly prejudicial under the Florida Evidence Code (Fla. Stat. § 90.403).

Insurance: Evidence of liability insurance is generally inadmissible to prove negligence or fault (Fla. Stat. § 90.411) but may be admissible for other purposes such as impeachment or establishing ownership. Motions in limine often address this.

Settlement Discussions: Compromise offers and negotiations are inadmissible under Fla. Stat. § 90.408 and are frequently the subject of motions in limine to prevent opposing counsel from inadvertently referencing settlement discussions.

Procedure

File the motion with supporting memorandum and, if appropriate, affidavits. The motion must be served on opposing counsel at least 5 days before hearing (per local rules). Request a hearing if desired.

Motion for Default Judgment

Procedure When Defendant Fails to Answer

If a defendant fails to answer or respond to a complaint within 20 days of service (or such other time as ordered) (Fla. R. Civ. P. 1.140(a)), the plaintiff may seek an entry of default with the clerk (Fla. R. Civ. P. 1.500(a)). This is a clerical action. However, to obtain a default judgment (judgment with damages assessed), the plaintiff must file a Motion for Default Judgment with the court (Fla. R. Civ. P. 1.500(b)).

Proving Damages

A critical difference from federal practice: the court cannot enter a default judgment for an unliquidated amount without a hearing or a court order (Fla. R. Civ. P. 1.500(b)(1)). The plaintiff must prove damages through affidavits, evidence, or a hearing before the judge. For liquidated amounts (those capable of calculation from the complaint), damages may be entered by the clerk.

Notice Requirements

The defendant is entitled to notice of the motion for default judgment and an opportunity to respond, even if in default (Fla. R. Civ. P. 1.500(c)). The court may set aside a default judgment for good cause shown (Fla. R. Civ. P. 1.500(e)).

Motion to Amend Complaint

Liberal Standard for Amendment

Fla. R. Civ. P. 1.190(a) permits a party to amend a pleading once as a matter of right, without leave of court, at any time before service of the opposing party's responsive pleading. After that, amendment requires either written consent or leave of court.

Standard for Leave to Amend

Courts are generally required to grant leave to amend unless the amendment would be futile (i.e., the new claims would fail to state a cause of action) or would cause prejudice to the opposing party that cannot be cured by a continuance or other relief. This is a liberal standard, and courts frequently grant motions to amend.

Relation Back Doctrine

Fla. R. Civ. P. 1.190(c) provides for relation back of amendments, similar to FRCP 15(c). An amendment relates back to the original complaint if:

Motion for Temporary Restraining Order and Preliminary Injunction

Legal Requirements

To obtain a temporary restraining order (TRO) or preliminary injunction, the plaintiff must demonstrate:

1. Likelihood of Success on the Merits — a substantial likelihood of success (not merely a likelihood)
2. Irreparable Harm — that failure to grant relief will result in irreparable injury not compensable by damages
3. Balance of Equities — that the balance of hardship favors the plaintiff
4. Public Interest — that the public interest is served (particularly in public law cases)

(Fla. Stat. § 65.081 and case law)

Procedure and Timeline

A TRO may be granted without notice to the opposing party if the moving party certifies that notice would cause irreparable injury and includes the specific facts justifying an ex parte order (Fla. R. Civ. P. 1.610(b)). However, the TRO is temporary and cannot exceed 14 days without conversion to a preliminary injunction.

A preliminary injunction requires a noticed hearing and an opportunity for the opposing party to be heard. A written order must be entered (Fla. R. Civ. P. 1.610(c)).

Bond Requirement

The court may require the movant to post a bond as a condition of the TRO or preliminary injunction (Fla. R. Civ. P. 1.610(a)). The bond compensates the other party if the order is wrongfully entered.

Motion to Change Venue or Transfer

Grounds for Change of Venue

Fla. R. Civ. P. 1.270(a) permits a defendant to move to transfer a case to the proper venue. Proper venue in Florida is generally the county where a defendant resides, where the cause of action arose, or where property at issue is located (Fla. Stat. § 47.051).

A defendant must file a motion to transfer in the original court (not in the proper venue court) (Fla. R. Civ. P. 1.270(b)). The motion may be filed with or before the answer and must be timely.

Discretionary Transfer

Even if venue is proper, the court may discretionarily transfer the case if the transferee county is more convenient (Fla. Stat. § 47.111).

Motion to Consolidate or Sever

Consolidation

Fla. R. Civ. P. 1.270(a)(2) permits consolidation of actions involving a common question of law or fact. Any party may move for consolidation, and the court has discretion to grant or deny the motion based on judicial economy and the absence of prejudice.

Severance

Fla. R. Civ. P. 1.270(a)(1) allows the court to order separate trials if consolidation creates risk of confusion or prejudice. A party may move to sever, or the court may do so on its own initiative.

Motion for Continuance

Standard and Timing

A party seeking a continuance (postponement) of trial or other deadlines must file a Motion for Continuance supported by affidavit showing good cause. The specific grounds (illness, unavailable witness, newly discovered evidence, trial conflicts) must be set forth with particularity.

Courts are generally reluctant to grant continuances close to trial, and the moving party bears a heavy burden. Fla. R. Civ. P. 1.460 governs trial scheduling.

Post-Trial Motions

Motion for New Trial

Fla. R. Civ. P. 1.530(b) permits a motion for new trial on specified grounds, including:

The motion must be filed within 15 days after entry of the judgment (Fla. R. Civ. P. 1.530(b)).

Motion for Judgment Notwithstanding the Verdict / Judgment as a Matter of Law

Fla. R. Civ. P. 1.530(a) provides for a motion for judgment notwithstanding the verdict (often called JNOV or a motion for judgment as a matter of law). This motion may be granted only if the evidence is such that reasonable minds cannot differ on the issues decided by the jury. It is a stringent standard and is rarely granted.

The motion must be filed within 15 days after entry of judgment (Fla. R. Civ. P. 1.530(a)). The motion may also be filed before the verdict (before jury submission), in which case it is styled a motion for directed verdict (**Fla. R. Civ. P. 1.