Florida courts
What is the deadline for serve response to a motion for summary judgment?
The period for serve response to a motion for summary judgment normally runs 40 calendar days from service of the motion for summary judgment, under Fla. R. Civ. P. 1.510(c)(5). If the final day is a Saturday, Sunday or legal holiday in the Florida calendar, the computation rule carries it to the next open day.
Calculate my deadline- Period
- 40 calendar days
- Trigger
- Service of the motion for summary judgment
- Rule
- Fla. R. Civ. P. 1.510(c)(5)
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Calculate your deadline
Enter the date of service of the motion for summary judgment. See the date, cited rule and counting steps.
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Which date starts the 40-day period?
The period runs from the service of the motion for summary judgment.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Florida Rules of Court ProcedureAt the time of filing a motion for summary judgment, the movant must also serve the movant’s supporting factual position as provided in subdivision (1) above. No later than 40 days after service of the motion for summary judgment, the nonmovant must serve a response that includes the nonmovant’s supporting factual position as provided in subdivision (1) above.
Fla. R. Civ. P. 1.510(c)(5)
This period runs from service as the rule defines it. Do not substitute the filing date, the day a courtesy copy arrived or the day you first read the paper.
Which date do I enter?How are the 40 calendar days counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Florida legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under Fla. R. Civ. P. 1.090(a).
If the final day is a Saturday, Sunday or legal holiday in the Florida calendar, the computation rule carries it to the next open day.
Florida computes time under Fla. R. Civ. P. 1.090(a). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read Fla. R. Civ. P. 1.090(a)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the service of the motion for summary judgment on Tuesday, September 1, 2026 (service of the motion for summary judgment on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under Fla. R. Civ. P. 1.090(a). The last counted day falls on a weekend or legal holiday, so the deadline moves to the next open day. The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Service | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 40 | Last counted day falls on a weekend or legal holiday | October 11, 2026 |
| Adjusted | Next day that is not a weekend or legal holiday | October 12, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- Fla. R. Civ. P. 1.510(d) allows the court, on an affidavit or declaration showing the nonmovant cannot present essential …
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- Fla. R. Civ. P. 1.510(d) allows the court, on an affidavit or declaration showing the nonmovant cannot present essential ….
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 40-day period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the service of the motion for summary judgment, or when I first learned of it?
The period runs from the service of the motion for summary judgment as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 40 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, Fla. R. Civ. P. 1.090(a) carries it forward to the next day that is not one of those.
Fla. R. Civ. P. 1.090(a)Which time zone and filing cutoff apply?
Florida filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
Fla. R. Civ. P. 1.090(a)What if the court is inaccessible on the last day?
Fla. R. Civ. P. 1.090(a) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
Fla. R. Civ. P. 1.090(a)Extensions and local rules
Can the court extend this deadline?
Fla. R. Civ. P. 1.510(d) allows the court, on an affidavit or declaration showing the nonmovant cannot present essential … A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| Fla. R. Civ. P. 1.510(c)(5) | Trigger and period |
| Fla. R. Civ. P. 1.090(a) | Counting, holidays and the last day |
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Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.