When must a Florida party serve opposing new-trial affidavits?

Identify the affidavit-based new-trial motion and the affidavits served with it.

Preserve the actual common service date and method.

Read any court-granted extension or written stipulation before using the default period.

1. Identify the affidavit-based new-trial motion and the affidavits served with it.
2. 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.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. 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.

Fictitious example

Fictitious facts. The new-trial motion and supporting affidavits are actually served together electronically. No extension applies. The established event occurs August 2, 2027. No mail-only addition, further clerk closure, different order or unestablished branch applies.

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.

The original affidavits accompany the motion

Rule 1.530(c) requires affidavits supporting an affidavit-based new-trial motion to be served with that motion. A separately prepared affidavit or an unsupported filing date does not establish this common service event.

Any additional period has a twenty-day limit and specified authority

Rule 1.530(c) permits an additional period not exceeding twenty days through the court for good cause or the parties by written stipulation. A unilateral request, oral understanding or automatically assumed extra twenty days does not establish the extension.

Reply affidavits require court permission

Rule 1.530(c) permits the court to allow reply affidavits. The opposing-affidavit calculation neither grants that permission nor establishes the reply’s actual time.

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.

• Identify the affidavit-based new-trial motion and the affidavits served with it.
• Preserve the actual common service date and method.
• Read any court-granted extension or written stipulation before using the default period.
• Rule 1.530(c) requires affidavits supporting an affidavit-based new-trial motion to be served with that motion. A separately prepared affidavit or an unsupported filing date does not establish this common service event.
• Rule 1.530(c) permits an additional period not exceeding twenty days through the court for good cause or the parties by written stipulation. A unilateral request, oral understanding or automatically assumed extra twenty days does not establish the extension.
• Rule 1.530(c) permits the court to allow reply affidavits. The opposing-affidavit calculation neither grants that permission nor establishes the reply’s actual time.
• 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.
• Serve the actual opposing affidavits within the operative period and complete required filing separately. Preserve the served motion, original affidavits, opposing affidavits and service records. The court may permit reply affidavits. The default computation does not grant a reply or establish an extension.