Legal Question in Civil Litigation in Florida

You have probably been served with a motion for summary judgment. If you are in Florida, you must file a sworn response setting forth FACTS not conclusions that either(1) contradict the plaintiff's version of the facts ,presumably set forth in their motion or an affidavit filed by them in support of the motion or (2) support your defense to the motion. You must mail a copy this to the attorney on the other side at least 5 days before the hearing or hand carry it to him at least 2 days before the hearing. You must file the original in the court file before the date of the hearing keeping a copy for your self.The judge will rule based only on what is in these papers. Showing up and simply trying to hand papers or argue to the judge will not work if you do not make these filings on time. That does not mean you should not show up and argue and request more time if you need it to respond. If the judge grants the motion, a judgment will be entered against you. If he denies it, then the case may be set for trial or the plaintiff will refile the motion to cure any shortcomings in the first motion or affidavit and the process starts all over again.