United States · Florida trial and posttrial
When may a Florida party serve a remittitur or additur motion?
Rule 1.530(h)(1) permits a remittitur or additur motion served no later than fifteen days after verdict return in a jury action or judgment filing in a nonjury action. The motion must identify applicable Florida law, the proposed amount and the specified supporting evidence or improper damages elements.
- Period
- Fifteen calendar days after the applicable verdict or judgment event
- Trigger
- Actual jury verdict return or actual judgment filing in the established nonjury branch
- Rule
- Florida Rule of Civil Procedure 1.530(h)(1)
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?
Identify the actual verdict or judgment and classify the jury or nonjury branch.
Preserve the verdict-return or judgment-filing evidence.
Identify applicable Florida damages law, the claimed amount and specific evidence or improper damages elements.
Florida Rule of Civil Procedure 1.530(h)(1)How does Florida count this civil period?
- Identify the actual verdict or judgment and classify the jury or nonjury branch.
- 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. The nonjury judgment is actually filed. The party seeks the specified damages adjustment. 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 applicable verdict or judgment 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 motion requires a stated amount and substantive support
- Rule 1.530(h)(1) requires the applicable Florida law, the amount the movant contends the verdict should be and specific supporting evidence or the improper damages elements. A timely request alone does not satisfy those requirements.
- A granting order must identify statutory criteria
- Rule 1.530(h)(2) requires the court to state the specific statutory criteria relied upon. The calculator does not choose applicable damages law or establish those criteria.
- The later rejection election is damages only and requires filing
- Rule 1.530(h)(3) permits an adversely affected party to reject the award and elect a new trial on damages only by filing a written election within fifteen days after the granting order is filed. That is a separate event and act.
- 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 may a Florida party serve a remittitur or additur motion?
Does the jury branch use the filed judgment?
Rule 1.530(h)(1) uses return of the verdict in a jury action. Judgment filing controls the nonjury branch.
Florida Rule of Civil Procedure 1.530(h)(1)Can my motion omit the amount I seek?
The motion must state the proposed amount and the specified support or improper damages elements, with applicable Florida law.
Florida Rule of Civil Procedure 1.530(h)(1)Is serving this motion the same as rejecting the granting order?
The later adverse-party rejection requires a filed written election after the granting order is filed, on damages only.
Florida Rule of Civil Procedure 1.530(h)(3)Official Florida sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Florida Rule of Civil Procedure 1.530(h)(1) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Civil Procedure 1.530(h)(1) | The motion requires a stated amount and substantive support |
| Florida Rule of Civil Procedure 1.530(h)(2) | A granting order must identify statutory criteria |
| Florida Rule of Civil Procedure 1.530(h)(3) | The later rejection election is damages only and requires filing |
| 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 |