United States · Florida trial and posttrial
When must a Florida party serve a new trial or rehearing motion?
Rule 1.530(b) requires service of a new trial or rehearing motion no later than fifteen days after return of the verdict in a jury action or filing of the judgment in a nonjury action. The actual branch controls. Rule 1.530(a) requires rehearing to preserve a challenge to omitted required findings in the final judgment.
- Period
- Fifteen calendar days after the branch’s actual event
- Trigger
- Actual jury verdict return or actual judgment filing in the established nonjury branch
- Rule
- Florida Rule of Civil Procedure 1.530(a),(b)
Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026
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Which actual event starts this Florida civil period?
Classify the jury or nonjury procedure before selecting the event.
Preserve the actual returned verdict for a jury action or filed judgment for a nonjury action.
Identify the specific grounds and whether required findings need a rehearing challenge.
Florida Rule of Civil Procedure 1.530(a),(b)How does Florida count this civil period?
- Classify the jury or nonjury procedure before selecting the event.
- Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)What do the independently derived facts show?
Fictitious example
Fictitious facts. In the established nonjury branch, the judgment is actually filed. The party seeks timely rehearing. The established event occurs August 2, 2027. No mail-only addition, further clerk closure, different order or unestablished branch applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual jury verdict return or actual judgment filing in the established nonjury branch | August 2, 2027 |
| Applicable period | Fifteen calendar days after the branch’s actual event | Tuesday, August 17, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida civil qualifications change the procedure?
- The ordinary enlargement rule excludes these motions
- Rule 1.090(b)(2) prohibits extending time for a new-trial motion, rehearing motion or motion to alter or amend a judgment. It also names Rule 1.540(b) relief, appeals, certiorari and directed-verdict motions. A pending extension request does not replace a timely prescribed act. Case-management extensions and trial continuances follow separate rules.
- A timely motion can gain grounds only with court discretion before determination
- Rule 1.530(b) allows amendment of a timely motion to state new grounds in the court’s discretion before the motion is determined. That provision does not make a late original motion timely.
- Required findings and evidence sufficiency are distinct preservation questions
- Rule 1.530(a) requires rehearing to preserve failure to make required findings of fact. Paragraph (e) separately permits a nonjury evidence-sufficiency challenge on appeal without the stated prior objection or motions. That separate rule does not erase the required-findings condition.
- Nonjury rehearing can involve additional testimony and a new judgment
- Rule 1.530(a) includes summary judgments within matters heard without a jury and permits the court to open the judgment, take additional testimony and enter a new judgment. A motion does not prove the court granted those acts.
- Motion form and conferral require separate compliance
- Rule 1.100(b) requires the prescribed written grounds and requested relief except the stated hearing or trial procedure. Rule 1.202 separately addresses conferral and its certificate. Summary judgment, injunctive relief and Rule 1.530 motions are expressly exempt from conferral. The rule also excludes an unrepresented movant or nonmovant. Those exemptions do not dispense with valid motion form, filing or service.
- This page does not establish grounds for relief, an actual court hearing, a bond amount, fee entitlement or appeal preservation.
- Check the operative procedural edition, actual filing and service records, motions, court directions and additional closures.
What must be filed, served and preserved?
Questions about this Florida civil act
When must a Florida party serve a new trial or rehearing motion?
Does judgment filing start every new-trial motion period?
Rule 1.530(b) uses return of the verdict in a jury action and filing of judgment in a nonjury action. Classify the actual case first.
Florida Rule of Civil Procedure 1.530(b)Can an extension request preserve a late original motion?
Rule 1.090(b)(2) prohibits enlarging this motion period. Rule 1.530(b) amendment concerns a timely original motion and court discretion before determination.
Florida Rule of Civil Procedure 1.090(b)(2),1.530(b)Must a rehearing motion challenge omitted required findings?
Rule 1.530(a) makes that motion necessary to preserve the stated required-findings challenge for appeal. Other appellate preservation questions remain separate.
Florida Rule of Civil Procedure 1.530(a)Official Florida sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Florida Rule of Civil Procedure 1.530(a),(b) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Civil Procedure 1.090(b)(2) | The ordinary enlargement rule excludes these motions |
| Florida Rule of Civil Procedure 1.530(b) | A timely motion can gain grounds only with court discretion before determination |
| Florida Rule of Civil Procedure 1.530(a),(e) | Required findings and evidence sufficiency are distinct preservation questions |
| Florida Rule of Civil Procedure 1.530(a) | Nonjury rehearing can involve additional testimony and a new judgment |
| Florida Rule of Civil Procedure 1.100(b),1.202(a)–(d) | Motion form and conferral require separate compliance |
| Florida Rule of Civil Procedure 1.080(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.090(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.516(b),(f) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |