Florida New Trial and Rehearing Rule Changes Take Effect January 1, 2027

On November 12, 2026, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.530, Florida Small Claims Rule 7.180 and Florida Family Law Rule of Procedure 12.530 in case No. SC2025-1795. The amendments take effect January 1, 2027, at 12:01 a.m. They reorganize each rule so that motions for new trial and motions for rehearing are addressed in separate subdivisions.

The amendments also state that a motion for rehearing may be directed only to a final judgment or final order.

How Rule 1.530 Is Being Reorganized

Under the current version of Rule 1.530, subdivision (a) applies to both motions for new trial and motions for rehearing. The committee note to the 2026 amendment describes that structure as confusing.

Starting January 1, 2027, subdivision (a) covers only motions for new trial in actions tried by a jury to a verdict. It contains the deadline to serve the motion, the timing for serving affidavits and the requirement that an order granting a new trial state its specific grounds.

Subdivision (b) covers motions for rehearing. A motion for rehearing must be served no later than 15 days after the filing of the final judgment or final order. In matters heard without a jury, including summary judgments, the court may open the judgment, take additional testimony and enter a new judgment.

Preservation Rules and Relettered Subdivisions

A new subdivision (b)(3), titled Necessity of Motion, collects two existing provisions. To preserve for appeal a challenge to the trial court's failure to make required findings of fact in a final judgment, a party must raise that issue in a motion for rehearing. In a non-jury action, the sufficiency of the evidence may be raised on appeal whether or not the party objected or moved for rehearing.

Former subdivision (d) becomes subdivision (c) and is retitled "New Trial or Rehearing on Initiative of Court." Former subdivisions (e) and (f) are deleted because their content now appears in subdivisions (a) and (b). The motion to alter or amend a judgment and the motion for remittitur or additur move to subdivisions (d) and (e).

The committee note states that the amendment reorganizes and simplifies the rule without making substantive changes.

Changes to the Small Claims and Family Law Rules

The Court made similar organizational changes to Small Claims Rule 7.180 and gave it a new title that names both new trial and rehearing motions. Subdivision (b) of Rule 7.180 now states that rehearing motions are authorized under the rule but may be directed only to a final judgment or final order.

The Court declined a proposed sentence for Rule 7.180(a) stating that failure to file a motion for rehearing does not waive the right to an appeal. It also removed a clause about non-jury actions from Rule 7.180(a)(1), because that subdivision now applies only to actions tried by a jury to a verdict.

Family Law Rule 12.530 receives the same structure, with separate subdivisions for new trial and rehearing motions. Its committee note states that the changes align the rule with Rule 1.530 without making substantive changes.

Rulemaking Process and Effective Date

The Florida Bar's Civil Procedure, Small Claims and Family Law Rules Committees filed a joint report proposing the amendments. The Court published the proposal for comment and received one comment, from the Family Law Section of The Florida Bar. The committees then filed a response and an amended appendix.

The Court made a few changes of its own. It replaced the phrase "any order" with "an order" in subdivision (a)(3) of each rule, deleted the words "in a non-jury action" from subdivision (b)(1) and added the new Necessity of Motion subdivision to each rule.

The amended rules apply statewide to post-judgment motions in civil cases, small claims cases and family cases, including those filed in Brevard County courts, starting January 1, 2027.