What Is Summary Procedure in a Florida Civil Case?

Section 51.011 is not a general option for any lawsuit. It applies only when another statute or rule prescribes it. Section 83.59(2) entitles a landlord seeking removal of a residential tenant to the summary procedure in section 51.011. Some statutes that use summary procedure, including the eviction statute, add their own requirements.

The pleading rules are compressed. All defenses of law or fact must be included in the defendant's answer, which the statute requires within 5 days after service of process. If the answer includes a counterclaim, the plaintiff's answer to it is also due within 5 days. No other pleadings are permitted, and defensive motions are heard before trial.

Discovery is limited. Any party may take oral depositions at any time, but other discovery requires a court order setting the time for compliance. Discovery does not postpone trial except for good cause or by agreement of the parties.

A jury may be demanded, where authorized, no later than 5 days after the action comes to issue. A motion for new trial must be filed within 5 days after the verdict or judgment. The statute sets 30 days from rendition of the judgment for a notice of appeal. How these rules affect eviction cases is discussed in the Florida eviction timeline.