Summary Procedure and Computation of Time

The process of summary procedure provides certain plaintiffs to an action an expedited consideration of disputes. This means that your case will get in front of a judge a lot quicker than through the regular process. Of course, your case would have to qualify for this type of procedure.

Summary procedure has the benefit of streamlining litigation, resulting in a prompt resolution. The most common civil action that permits summary procedure are evictions.

Computation of Time:

Generally speaking, the State of Florida requires a defendant/respondent to respond to an action within twenty-one (21) days after service of process has been effectuated. However, cases that qualify for summary procedure require a response within five (5) days from the date of the service.

Florida Rule of Civil Procedure 1.090 provides that when the period of time for service is less than seven (7) days, then intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. In normal cases, the computation of time does in fact include intermediate Saturdays, Sundays and (some) legal holidays in the computation of time for when a response would be due.

Other Resources:

Florida Statute 51.011 governs the process of summary procedure.

Florida Statute § 83.59 states that landlords in eviction cases are entitled to the summary procedure. Therefore, the Court shall advance the cause on the calendar.

Check out this article from the Florida Bar for more information: Application of Summary Procedure by Agreement: A Proposal to Expedite Litigation

For normal service of process, check out this Blog Post: What to expect when you initiate an action

Conclusion

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Legal Lotus, P.A. is a Miami-based law firm specializing in family law, civil litigation, and the drafting of contracts, partnerships, and wills.

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