Summary Procedure and Computation of Time

The process of summary procedure provides certain plaintiffs with action and 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.

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

Computation of Time:

Generally speaking, the State of Florida requires a defendant/respondent to respond to action within twenty-one (21) days after the service of the 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

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!

For more information:
Check out and subscribe to our YouTube Channel
Follow us on Instagram
Like us on Facebook
Visit our website
Shop our Legal Templates

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on you specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. Feel free to contact us if you need legal assistance.

Leave a Reply

Your email address will not be published. Required fields are marked *

%d bloggers like this: