(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. 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 shall be served not later than 10 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 shall 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 10 days after entry of 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 Case. When an action has been tried by the court without a jury, 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 shall specify 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 10 days after entry of the judgment, except that this rule does not affect the remedies in rule 1.540(b).
Florida Civil Procedure Rules Index
3 Case Citation(s)
Listed below are cases cited in the Florida Rules Decisions Reporter and other blog posts that reference Rule 1.530 Motions For New Trial and Rehearing; Amendments of Judgments.
"while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment. Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court. Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing." Read More
In this case, a shareholder received a jury verdict awarding him damages individually. After entry of the verdict, defendants filed a motion for new trial and judgment notwithstanding the verdict (JNOV) because the shareholder's expert valued the stock as of the incorrect date. The trial court denied the motion because, among other reasons, defendants had not moved for a directed verdict at the close of the evidence. The appellate court affirmed the portion of the order denying a JNOV, but reversed the portion of the order denying a new trial. The court held that the verdict was contrary to the manifest weight of the evidence, and while the absence of a directed verdict motion barred a JNOV, it did not bar a new trial. Read More
In this motorcycle injury case, the trial court found that plaintiff's counsel had engaged in misconduct throughout the trial but nonetheless denied defendant's motion for new trial. The trial court reasoned that because defense counsel did not move for a mistrial after the court had sustained various objections, the defense had waived any right to a new trial. The trial court ruled further that under the circumstances the defense could not show that "failure to grant a new trial would undermine the public's confidence in the justice system." The Second District reversed and held that the trial court used the wrong standard, stating that the trial court "only needed to consider whether opposing counsel's misconduct deprived the [defendant] of a fair trial. Having found that it did, the trial court should have granted the City's motion." Read More
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Brian Willis
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Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
