How do I set a motion for hearing in Florida?

Depends on what the hearing is for.

Coall the clerk of court, who will probably refer you to the judge's secretary.

Unfortunately most Florida judges seem to be unable to grasp the concept that once a motion is ripe for decision it should be ruled upon, hearing or no hearing.

Depends on what the hearing is for.

Thanks for responding. Summary judgment.

What is the motion for.

Thanks for responding. Summary judgment.

Summary judgement on what? Small claims? Civil suit? Paternity?

But AK Lawyer pretty much had it right - contact the clerk of courts for whatever court holds jurisdiction over your area of concern.

Coall the clerk of court, who will probably refer you to the judge's secretary.

Unfortunately most Florida judges seem to be unable to grasp the concept that once a motion is ripe for decision it should be ruled upon, hearing or no hearing.

Thanks. That's what I needed.

You contact the Judge's secretary and request the hearing. Then when you get the time and date you need to send out a Notice of Hearing on Summary Judgment to both the Judge's office and the other attorney or party with the date, time, place (exact room number of Judge). You need to file the original notice of hearing with the court clerk so it becomes a part of the court file.

As for judge's setting motions for hearings - they do not do that. The only Judges that set hearings are the criminal case judges and not the civil judges.

Coall the clerk of court, who will probably refer you to the judge's secretary.

Unfortunately most Florida judges seem to be unable to grasp the concept that once a motion is ripe for decision it should be ruled upon, hearing or no hearing.

Your ignorance of Florida law is glaring. You do not call the Clerk of Court for a hearing. You call the judicial assistant to arrange for a hearing.

Civil judges do not rule on a motion until it is heard. I have no idea where you got this misinformation from regardless if it is "ripe for decision" or not.

Having worked in law offices in South Florida for over 10 years I have never had a judge's office (civil case that is) call for a hearing, nor have I ever heard of a judge making a ruling if the "motion is ripe" either.

Your ignorance of Florida law is glaring. You do not call the Clerk of Court for a hearing. You call the judicial assistant to arrange for a hearing.

Civil judges do not rule on a motion until it is heard. I have no idea where you got this misinformation from regardless if it is "ripe for decision" or not.

Having worked in law offices in South Florida for over 10 years I have never had a judge's office (civil case that is) call for a hearing, nor have I ever heard of a judge making a ruling if the "motion is ripe" either.

"Ripe" is shorthand for a concept that is obvious to those with at least half a brain: one files a motion. The other party has so many days to oppose the motion. Either that many days elapse or such an opposition is in fact filed. The moving party then, sometimes, may file a reply to the opposition within so many days. Again, those days pass or the reply is filed. At this point, everything is in place for the motion to be decided. If neither side cares for a hearing, that doesn't mean that they don't want the judge to decide the motion; they have already said, in writing, everything that needs to be decided. A decision is needed, not a useless hearing.

Sorry to have started an argument. Actually, all of you helped me. I called the clerk, who did refer me to the Judge's judicial assistant. Thanks.

AK lawyer
A decision is needed, not a useless hearing.


If the Courts ran the way you wished, then why bother even having hearings? I know in Federal Court hearings are a rarity on motions, but in County Court they are the norm. I guess up in Alaska Judges didn't bother with those pesky hearings, did they? Well, in Florida nothing is decided until the moving motion is heard, then the Judge makes their decision. Even if the attorney filing the Motion does not place the motion down for hearing, there is probably a good reason for him to do this. It's called strategy.

You got allot of insults and not much help. For a hearing on a Motion for Summary Judgment (MSJ) you will need to file a specially set hearing. (The Judge will not give you a hearing date unless the motion has been filed and is docketed with the Clerk.) You will need to tell the Judicial Assistant (JA) how much time you want for the hearing. THe JA will provide you with a couple of dates. You will need to contact opposing counsel to coordinate and then call the JA back with the date that all represented parties are available. For a hearing on a MSJ you cannot have a hearing sooner than 25 days from the date the motion is filed. When you talk to the JA, you should ask him/her for the Judge's individual procedures for specially set hearings. Most judges will want you to provide in advance of the hearing, the motion, any responses, any replies, case law and any evidence quoted in the motion or that you plan to present at the hearing. Some will request that this be done 24 or 48 hours in advance, some will request it a week in advance. (This is as important as filing your motion - be sure to follow the Judge's individual procedures.) When you go to the hearing, make sure you provide the judge with a proposed order, even if it is just generic with lines to fill in, and self-addressed, stamped envelopes for all parties - same as you would for any motion. Finally, whatever you submit to the judge must be copied to all parties or it will be considered an ex parte communication. For further information you should review your local Rules of Civil Procedure which will have a section on the procedures on Motions for Summary Judgment and if you are in a more urban area, your court website may provide information on all of this as well.