A motion for a new trial in Florida asks the trial judge to vacate the verdict and start over because something went wrong during the proceedings. Civil litigants have 15 days after the verdict or judgment to file under Florida Rule of Civil Procedure 1.530; criminal defendants have 10 days under Rule 3.590. Filing the motion on time also pauses the clock on any appeal, which is why this step sits at the hinge between an unfavorable verdict and the appellate courts.
Deadlines You Cannot Miss
These time limits are jurisdictional. Once the window closes, the court loses the power to hear the motion at all, no matter how strong the grounds.
In civil cases, the motion must be served within 15 days after the jury returns its verdict, or within 15 days after the judgment is filed in a case tried without a jury.1The Florida Bar. Florida Rule of Civil Procedure 1.530 Note that the deadline runs from service on the opposing party, not filing with the court, so both need to happen inside the 15 days.
In criminal cases, the deadline is 10 days after the verdict in noncapital matters. Capital cases work differently: the 10 days run from the filing of the written final judgment of conviction and sentence, not from the verdict itself.2Florida Courts. Florida Rules of Criminal Procedure – Rule 3.590
Under Florida Rule of General Practice and Judicial Administration 2.514, if the last day of the period lands on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day. That extension only applies to the final day, not to weekends inside the period.
How the Motion Affects Your Appeal Clock
A timely motion for new trial tolls the appeal deadline. Under Florida Rule of Appellate Procedure 9.020(i), a final order is not “rendered” for appellate purposes until the court files a signed written order disposing of the motion. Once the judge rules, the 30-day window for filing a notice of appeal under Rule 9.110(b) starts from that ruling, not from the original verdict.3Florida Courts. Florida Rules of Appellate Procedure – Rule 9.110
The tolling only works if the motion itself is timely. File one day late and nothing pauses. You could then find yourself with an expired appeal deadline and a motion the court has no jurisdiction to hear. The 30-day appeal window is also jurisdictional and cannot be extended.
Grounds in Civil Cases
Rule 1.530 does not list specific grounds. It broadly allows the court to grant a new trial “to all or any of the parties and on all or a part of the issues.” In practice, Florida judges grant civil new trials on a handful of recurring theories.
The most common is that the verdict goes against the manifest weight of the evidence. This asks the judge to independently weigh what the jury heard rather than just check whether some basis for the verdict exists. Florida case law describes the judge sitting as a “thirteenth juror” (or seventh, in a six-person jury) to guard against a miscarriage of justice. Judges do not use this power freely, but it exists for verdicts no reasonable jury should have reached.
Other regular grounds include the improper admission or exclusion of evidence that affected the outcome, incorrect jury instructions that misled the panel on the law, juror misconduct such as outside research or unauthorized contact with a party, and newly discovered evidence that could not have been found before trial through reasonable effort. You can also seek a new trial limited to one issue, such as damages, while leaving the liability finding intact.
Grounds in Criminal Cases
Criminal cases follow a more structured framework. Rule 3.600 divides grounds into two categories: those that require a new trial automatically, and those that require a new trial only if the defendant’s substantial rights were harmed.
The court must grant a new trial if any of the following is established:
- The jury decided the outcome by lot, such as drawing names or flipping coins, rather than by deliberating.
- The verdict is against the weight of the evidence.
- Material newly discovered evidence has surfaced that would probably have changed the verdict and could not have been found earlier through reasonable effort.
The second group requires a showing that the error actually harmed the defendant:
- The defendant was absent from a proceeding where attendance was required.
- The jury received evidence outside the courtroom, other than during an authorized visit to a relevant location.
- Jurors separated during deliberations without the court’s permission.
- A juror or the prosecutor engaged in misconduct that undermined the fairness of the trial.
- The court made a wrong ruling on a legal question or gave incorrect jury instructions.
- Any other cause, not the defendant’s fault, prevented a fair and impartial trial.
That last catch-all is broader than it looks. It covers problems that don’t fit neatly into the other categories but still left the defendant without a fair shot.4Florida Courts. Florida Rules of Criminal Procedure – Rule 3.600
The Newly Discovered Evidence Standard
Claiming you found new evidence after trial sounds simple. The test is not. Florida courts apply two requirements. First, neither you nor your attorney knew about the evidence at the time of trial, and you could not have discovered it through reasonable effort. Second, the evidence would probably produce a different outcome on retrial. In criminal cases, that means enough to create a reasonable doubt about guilt or to warrant a less severe sentence.
Evidence you overlooked or chose not to investigate does not qualify, no matter how helpful it would have been. The court also weighs the new evidence against everything already presented, so a minor detail that doesn’t shift the overall picture won’t be enough. Courts are looking for genuinely surprising discoveries that change the balance of the case.
The Harmless Error Barrier
Not every mistake at trial earns you a new one. Florida Statute 59.041 provides that no judgment will be reversed or set aside for jury misdirection, improper handling of evidence, or procedural errors unless the court concludes the error caused a miscarriage of justice.5The Florida Legislature. Florida Statutes 59.041 – Harmless Error; Effect The statute applies in both civil and criminal cases and is read broadly in favor of preserving judgments.
In criminal appeals, Florida Statute 924.33 adds another layer: a reversal requires the error to have “injuriously affected the substantial rights” of the defendant, and the law explicitly says injury is not presumed.6The Florida Legislature. Florida Statutes 924.33 – When Judgment Not to Be Reversed or Modified The burden is on you to prove the error mattered, not just that it occurred.
The practical effect is real. You might identify a genuine legal error, but if the evidence against you was overwhelming or the error was minor in context, the court will treat it as harmless. When drafting the motion, tie each error directly to how it changed the outcome. Do not just catalog everything that went wrong.
When the Problem Is Only the Damages Award
If the verdict itself is fine but the money is not, Florida offers a route that avoids retrying the whole case. Under Florida Statute 768.74, the judge can review the jury’s damages award on a proper motion and decide whether it was excessive or inadequate.7The Florida Legislature. Florida Statutes 768.74 – Remittitur and Additur If the award was too high, the court orders a remittitur, reducing it. If too low, an additur, increasing it. The judge weighs factors including whether the amount reflects prejudice or passion, whether the jury ignored the evidence, whether improper elements or speculation drove the number, and whether the total bears a reasonable relationship to the proven damages.
The party on the losing end of the adjustment does not have to accept it. If told to take less (or pay more) and you refuse, the court orders a new trial limited to damages only. The liability finding stays intact, and a new jury decides only how much money is appropriate.
Drafting the Motion
A motion for new trial lives or dies on specificity. Vague complaints about unfairness will not survive. You need to point the court to exact moments in the trial record where errors occurred and explain precisely how each one affected the outcome.
Order the trial transcripts early. Court reporters in Florida’s state courts charge roughly $6.00 per page for a standard 30-day turnaround, with rates varying by circuit and delivery speed.8Ninth Judicial Circuit Court of Florida. Court Reporters A multi-day trial can produce transcripts costing $1,000 or more, and you cannot effectively draft the motion without them.
The motion should include a complete case caption and identify each ground as a separately numbered point, with specific citations to transcript pages or exhibits. For newly discovered evidence, attach supporting affidavits or the evidence itself so the judge has something concrete to evaluate. For arguments about jury instructions, include both the instruction given and the one you believe should have been given.
Florida attorneys file through the statewide E-Filing Portal at myflcourtaccess.com.9Supreme Court of Florida. Administrative Order AOSC13-7 – Electronic Filing Self-represented parties may use the portal or file paper documents at the clerk’s office. Either way, serving the opposing party or their counsel is required, and in civil cases the deadline runs from service, so getting the document to the other side inside the 15 days matters as much as filing it with the court.
After the Judge Rules
The court will usually schedule a hearing where both sides argue, then issue a written order. If the motion is granted, the original verdict is vacated and the case goes back on the trial calendar. Depending on the grounds, the new trial may cover the entire case or only specific issues such as damages.
If the motion is denied, you have 30 days from that denial to file a notice of appeal. Appellate courts review the trial judge’s decision under an abuse of discretion standard, which is a high bar. You are not asking the appellate court to re-weigh the evidence. You are asking it to find that no reasonable judge could have denied the motion on this record. Between the harmless error doctrine and that deferential review, motions for new trial succeed less often than parties hope. When they do succeed, they typically correct errors that genuinely changed the outcome.