RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING ...

CivPro June 2020 Agenda

RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING;

AMENDMENTS OF JUDGMENTS

(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 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 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 15 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.

Florida Rules of Civil Procedure April 21, 2020

127 96


(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 entry of the judgment,

except that this rule does not affect the remedies in rule 1.540(b).

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.

RULE 1.535 REMITTITUR AND ADDITUR

(a) Within the time provided in rule 1.530 (b), any party may serve a

motion for remittitur or additur. The motion shall 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.

(b) If a remittitur or additur is granted, the court must state the specific

statutory criteria relied on.

(c) 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.

Florida Rules of Civil Procedure April 21, 2020

128 Page 197


PROPOSED RULE 1.530 WITH INCORPORATED RULE 1.535



(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 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 shall be served with the motion. The opposing party has 10

days after such service within which to serve opposing affidavits, which period




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(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 Florida Rules of Civil Procedure January 2, 2020 128 any reason for

which it might have granted a rehearing or a new trial on motion of a party.










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.

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(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 shall 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


(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.

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RULES 1.530/1.535 SUBCOMMITTEE REPORT

Rules Involved: Rule 1.530/1.535

Date of Report: June 10, 2020

Chair: Paul Regensdorf

Members (include areas of practice for each):

1. Paul Regensdorf, Civil, trial and appellate 2. Lance Curry, Civil, trial and appellate 3. Elliot Kula, Civil, trial and appellate 4. Hinda Klein, Civil, trial and appellate 5. Katie Ender, Civil, trial and appellate 6. Scott Dimond, Civil, trial 7. Vivian Fazio, Civil, trial 8. Judge Donald Scaglione, Circuit Judge 9. Judge John Bowman, Circuit Judge 10. Judge Daryl Trawick, Circuit Judge

Other participants: Mikalla Davis, The Florida Bar

Meeting dates: The Sub-committee met, by conference call, on March 3, March 18, March 24, and May 8, 2020, as well as through numerous email exchanges among the members

I. Summary of Original Proposal, Report and Action Proposed:

Summary of Original Proposal: (1) The original proposal was to amend Rule 1.530 dealing with posttrial motions so that each of the various subdivisions defined the starting point for the 15-day calculation the same way – some key the starting time to the date of the filing of the judgment, and others key the starting time to the entry of the judgment. (2) The proposal was then broadened to bring Rule 1.535 Remittiturs and Additurs, into Rule 1.530 with the other posttrial motions.

Summary of Report: The Subcommittee has amended Rule 1.530 to provide that all posttrial motions have to be filed within 15 days of the date of the filing of the judgment. It also brings what was Rule 1.535 into Rule 1.530, where it is more logically placed.

Action Proposed: The Subcommittee proposes the passage of the attached amended Rule 1.530.

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II. History/Background:

a. Source of proposal:

The original proposal for an amendment to Rule 1.530 came from CPRC member Paul Regensdorf. He asked the Committee to make the language of Rule 1.530 uniform as to the starting time for the calculation of when posttrial motions have to be filed. He also suggested that Rule 1.535 be rolled into Rule 1.530 for consistency.

b. Relevant Rules Committee history:

Rule 1.530 has not been addressed in some time. Rule 1.535 is a fairly new rule. No record explains why it was created as a separate rule.

b. Are similar proposals under consideration by other Rules Committees or Bar Sections?

No.

c. Input sought/materials considered by subcommittee:

The only external information looked at was the history of Rule 1.535, along with a discussion of the chair of the original Rule 1.535 subcommittee.

III. Issues Identified by the Subcommittee:

a. Concerns About Present Rule: Rule 1.530 is inconsistent, and Rule 1.535 should not be separate.

b. Concerns About Proposed Changes: None.

IV. Subcommittee Recommendation

The subcommittee unanimously recommends by a vote of 9-0 (one not participating due a family emergency) the adoption of the form amendments to Rule 1.530, and the incorporation of Rule 1.535 into Rule 1.530.

V. Majority Position: a. Summary.

Rule 1.530 is now internally consistent and incorporates all available posttrial motions.

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b. Rationale.

These changes provide a rule that is less likely to be misconstrued or misapplied.

c. Key Points.

The time limits to file all posttrial motions are now defined in the same way and in the same rule. The provisions of Rule 1.535 have been copied into 1.530 verbatim.

d. Anticipated Impact of Change: i. Does the proposed change necessitate a change in other Rules?

No, but a change in Rule 9.020 to add Motions for Remittitur or Additur as authorized motions to toll rendition.

ii. What is the anticipated impact of the change on practitioners?

Eliminated risks of misapplication.

VI. Minority Position(s): a. Summary

None

b. Rationale.

N/A

c. Key Points.

N/A

d. Anticipated Impact of Change: i. Does the proposed change necessitate a change in other Rules?

N/A

ii. What is the anticipated impact of the change on practitioners?

N/A

iii. Does the proposed change secure the just, speedy, and inexpensive determination of every action?

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N/A

VII. Time Considerations for Adopting Proposal:

There are no extraordinary time pressures but should be done promptly.

Attach Text of the Proposed Amendments as Exhibits to this Report.

See Attached.

All changes to Rule 1.530 passed 9-0.

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PROPOSED RULE 1.530 WITH INCORPORATED RULE 1.535



(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 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 shall be served with the motion. The opposing party has 10

days after such service within which to serve opposing affidavits, which period




Page 205


(d) On Initiative of Court. Not later than 15 days after the date of filing of

the judgment 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 Florida Rules of Civil Procedure January 2, 2020 128

any reason for which it might have granted a rehearing or a new trial on motion of

a party.










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

Page 206


judgmententry 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 shall 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


(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.

Page 207

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