Florida timing rules for civil motions?
October 15, 2011 9:20 PM   Subscribe

Florida law question: Dear Florida litigators, is there a general rule governing the deadline by which a party must file a Response or an Opposition to a motion in a civil action (e.g. X days before the hearing)? I've looked at the Florida Rules of Court and didn't find a rule on point. But I'd be gobsmacked if there wasn't a rule of some kind.
posted by KimikoPi to Law & Government (2 answers total)
 
Huh, I didn't see it in the civil rules either. Check out a Florida practice guide.
posted by yarly at 9:35 PM on October 15, 2011


As a practicing Florida lawyer, I don't know of any rule that imposes a timeframe within which a response or opposition to a general motion must be filed. HOWEVER, reasonable notice is a general guideline and, as with most things in law, what is reasonable depends on the circumstances. If a hearing is set on a motion, I would give at least five days' notice to opposing counsel/party of my position (especially if the position is opposition). Judges in my circuit like a packet with the motion, any other relevant filings and highlighted authorities at least five days in advance of the hearing. ALSO, there are very specific timeframes for responding to certain filings (objecting to a subpoena or a discovery request, for ex) and those rules are damn firm. See e.g. motions for summary judgment rule, FRCP 1.510.
posted by Jezebella at 4:36 PM on October 16, 2011


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