Florida Family Law Rule 12.530
RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial or rehearing
may be granted to all or any of the parties and on all or a part of the
issues. To preserve for appeal a challenge to the sufficiency of a trial
court’s findings in the final judgment, a party must raise that issue
in a motion for rehearing under this rule. 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
must 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 or rehearing is based on affidavits, the affidavits must 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 to it in the trial court or made a motion for rehearing, for
new trial, or to alter or amend the judgment.
(f) Hearing on Motion. When any motion for rehearing or
new trial is filed, the court must initially make a determination if a
hearing on the motion is required. If a hearing is required, the court
must provide notice of the hearing on the motion for rehearing or
new trial. If the court determines that a hearing is not required,
then the court must enter an order granting or denying the motion
in accordance with this rule.
(g) Order Granting to Specify Grounds. All orders granting
a new trial or rehearing must specify the specific grounds for it. If
such an order is appealed and does not state the specific grounds,
the appellate court must relinquish its jurisdiction to the trial court
for entry of an order specifying the grounds for granting the new
trial or a rehearing.
(h) Motion to Alter or Amend a Judgment. A motion to
alter or amend the judgment must be served not later than 15 days
after entry of the judgment, except that this rule does not affect the
remedies in rule 12.540(b).
Court Commentary
2022 Amendments. The amendment to subdivision (a) does
not address or affect, by negative implication, any other instance in
which a motion for rehearing is or might be necessary to preserve
an issue for appellate review.
AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial or rehearing
may be granted to all or any of the parties and on all or a part of the
issues. To preserve for appeal a challenge to the sufficiency of a trial
court’s findings in the final judgment, a party must raise that issue
in a motion for rehearing under this rule. 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
must 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 or rehearing is based on affidavits, the affidavits must 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 to it in the trial court or made a motion for rehearing, for
new trial, or to alter or amend the judgment.
(f) Hearing on Motion. When any motion for rehearing or
new trial is filed, the court must initially make a determination if a
hearing on the motion is required. If a hearing is required, the court
must provide notice of the hearing on the motion for rehearing or
new trial. If the court determines that a hearing is not required,
then the court must enter an order granting or denying the motion
in accordance with this rule.
(g) Order Granting to Specify Grounds. All orders granting
a new trial or rehearing must specify the specific grounds for it. If
such an order is appealed and does not state the specific grounds,
the appellate court must relinquish its jurisdiction to the trial court
for entry of an order specifying the grounds for granting the new
trial or a rehearing.
(h) Motion to Alter or Amend a Judgment. A motion to
alter or amend the judgment must be served not later than 15 days
after entry of the judgment, except that this rule does not affect the
remedies in rule 12.540(b).
Court Commentary
2022 Amendments. The amendment to subdivision (a) does
not address or affect, by negative implication, any other instance in
which a motion for rehearing is or might be necessary to preserve
an issue for appellate review.