Fla. R. Civ. P. 1.530

Motions for New Trial and Rehearing

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RULE 1.530. 	MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS; REMITTITUR
OR ADDITUR
(a) 	Jury and Non-Jury Actions. A new trial may be granted
to all or any of the parties and on all or a part of the issues. To
preserve for appeal a challenge to the failure of the trial court to
make required findings of fact in the final judgment, a party must
raise that issue in a motion for rehearing under this rule. On a
motion for a rehearing of matters heard without a jury, including
summary judgments, the court may open the judgment if one has
been entered, take additional testimony, and enter a new judgment.
(b) 	Time for Motion. A motion for new trial or for rehearing
must be served not later than 15 days after the return of the verdict
in a jury action or the date of filing of the judgment in a non-jury
action. A timely motion may be amended to state new grounds in
the discretion of the court at any time before the motion is
determined.
(c) 	Time for Serving Affidavits. When a motion for a new
trial is based on affidavits, the affidavits must be served with the
motion. The opposing party has 10 days after such service within
which to serve opposing affidavits, which period may be extended
for an additional period not exceeding 20 days either by the court
for good cause shown or by the parties by written stipulation. The
court may permit reply affidavits.
(d) 	On Initiative of Court. Not later than 15 days after the
date of filing of the judgment or within the time of ruling on a timely
motion for a rehearing or a new trial made by a party, the court of
its own initiative may order a rehearing or a new trial for any reason
for which it might have granted a rehearing or a new trial on motion
of a party.
(e) 	When Motion Is Unnecessary; Non-Jury Action. In a
non-jury action, the sufficiency of the evidence to support the
judgment may be raised on appeal whether or not the party raising
the question has made any objection thereto in the trial court or

made a motion for rehearing, for new trial, or to alter or amend the
judgment.
(f) 	Order Granting to Specify Grounds. All orders granting
a new trial must state the specific grounds therefor. If such an
order is appealed and does not state the specific grounds, the
appellate court shall relinquish its jurisdiction to the trial court for
entry of an order specifying the grounds for granting the new trial.
(g) 	Motion to Alter or Amend a Judgment. A motion to
alter or amend the judgment shall be served not later than 15 days
after the date of filing of the judgment, except that this rule does
not affect the remedies in rule 1.540(b).
(h) 	Motion for Remittitur or Additur.
(1) 	Not later than 15 days after the return of the verdict
in a jury action or the date of filing of the judgment in a non-jury
action, any party may serve a motion for remittitur or additur. The
motion must state the applicable Florida law under which it is being
made, the amount the movant contends the verdict should be, and
the specific evidence that supports the amount stated or a
statement of the improper elements of damages included in the
damages award.
(2) 	If a remittitur or additur is granted, the court must
state the specific statutory criteria relied on.
(3) 	Any party adversely affected by the order granting
remittitur or additur may reject the award and elect a new trial on
the issue of damages only by filing a written election within 15 days
after the order granting remittitur or additur is filed.
Committee Notes
1992 Amendment. In subdivision (e), the reference to
assignments of error is eliminated to conform to amendments to the
Florida Rules of Appellate Procedure.

2013 Amendment. Subdivisions (b) and (g) are amended to
change the deadlines for service of certain motions from 10 to 15
days after the specified event. Subdivision (d) is amended to change
the deadline for a court to act of its own initiative.
Court Commentary
1984 Amendment. Subdivision (b): This clarifies the time in
which a motion for rehearing may be served. It specifies that the
date of filing as shown on the face of the judgment in a non-jury
action is the date from which the time for serving a motion for
rehearing is calculated.
There is no change in the time for serving a motion for new
trial in a jury action, except the motion may be served before the
rendition of the judgment.
2022 Amendments. The amendment to subdivision (a) does
not address or affect, by negative implication, any other instance in
which a motion for rehearing is or might be necessary to preserve
an issue for appellate review.

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