2.4 Trial, Verdict, and Post-Trial Procedures

2.4 Trial, Verdict, and Post-Trial Procedures

The culmination of litigation is the trial and its post-trial aftermath. Under Florida law, the procedural mechanisms for demanding a jury, conducting the trial, filing post-trial motions, and navigating judicial administration contain critical distinctions from federal rules.

Jury Trial Demands, Jury Size, and Verdicts

A party's right to a jury trial is preserved by the Florida Constitution, but it is not self-executing.

Demand for Jury Trial

Under Florida Rule of Civil Procedure 1.430, a party must demand a trial by jury of any issue triable of right by a jury. The demand must be made in writing at any time after the commencement of the action and no later than 10 days after the service of the last pleading directed to that issue. The demand may be written on the bottom of the complaint or answer, or filed as a separate document. Once a jury demand is made, it cannot be withdrawn without the consent of all parties. Failure to serve a timely demand constitutes a waiver of the right to a jury trial.

Jury Size

In Florida civil trials, the jury consists of six members, except in eminent domain proceedings, which require a jury of twelve members (Fla. Stat. § 73.071). This differs from federal courts, which require a minimum of six but permit larger juries.

Verdicts

In Florida, a civil jury verdict must be unanimous unless the parties explicitly stipulate to a majority verdict. The verdict must find all issues submitted to the jury and must be in writing and signed by the foreperson.

Jury Selection and Peremptory Challenges

During voir dire, each party is entitled to challenge jurors for cause (such as bias), with no limit on the number of challenges. Additionally, each party is entitled to three peremptory challenges (which do not require a reason, though they cannot be used to discriminate based on race or gender).

• Multiple Parties: If there are multiple plaintiffs or defendants, each side is entitled to an equal number of challenges. For example, if there is one plaintiff and two defendants, the court will allocate three challenges to the plaintiff and three challenges to each of the defendants, and then grant the plaintiff three additional peremptory challenges to maintain equality (totaling six challenges per side).

Post-Trial Motions and Damage Adjustments

Once a verdict is rendered or a final judgment is entered, parties have a narrow window to seek relief from the trial court before appealing.

Motion for Directed Verdict

During trial, a party may move for a directed verdict at the close of the evidence offered by the opponent. The motion asserts that, viewing the evidence in the light most favorable to the non-moving party, no reasonable jury could find in the non-movant's favor. If the motion is denied, the trial continues.

Motion for Judgment in Accordance with Motion for Directed Verdict

If a party moved for a directed verdict during the trial, and the jury returned a verdict against them, the party may file a post-trial motion (the Florida equivalent of a federal renewed motion for judgment as a matter of law). This motion must be served no later than 15 days after the return of the verdict (or 15 days after the discharge of the jury if no verdict was returned).

Motion for New Trial and Motion for Rehearing

A party may move for a new trial (in a jury case) or a rehearing (in a non-jury case) on various grounds, including judicial error, jury misconduct, or a verdict against the manifest weight of the evidence.

• The 15-Day Deadline: A motion for a new trial or a motion for rehearing must be served no later than 15 days after the return of the verdict in a jury action, or 15 days after the date of filing of the judgment in a non-jury action.

Bar Exam Warning: This 15-day deadline is jurisdictional and cannot be extended by the court. It is a major trap for applicants accustomed to the federal rule's 28-day window.

Remittitur and Additur

Florida law permits a trial judge to review a jury's award of damages if a party claims the amount is excessive or inadequate.

• Remittitur: If the judge finds the damages are excessive, they can order a remittitur, reducing the award.
• Additur: If the judge finds the damages are inadequate, they can order an additur, increasing the award.
• The Choice: The court must give the affected party the option of accepting the adjusted amount. If the party rejects the adjustment, the court must order a new trial limited solely to the issue of damages.

Rules of Judicial Administration: Deadlines and Disqualification

All Florida court proceedings are governed by the Florida Rules of General Practice and Judicial Administration.

Time Computation (Rule 2.514)

When calculating any time period prescribed by court rules or order:

1. Exclude the first day of the period.
2. Include the last day of the period, unless it is a Saturday, Sunday, or legal holiday, or falls within a period of court closure.
3. Count intermediate days consecutive, including weekends and holidays.
4. Exceptions: If the total period is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the calculation.
5. Service Extensions: If a party is served by US mail, 5 days are added to the prescribed response period. However, no additional days are added if service is made by email or through the court's electronic portal.

Disqualification of a Trial Judge (Rule 2.330)

A party may seek to disqualify a trial judge if they fear they will not receive a fair trial.

• The Motion: The motion must be in writing, sworn to by the party, and must allege specific facts showing a fear of bias or prejudice.
• The Judge's Role: Upon receiving the motion, the challenged judge must act quickly. The judge's review is limited solely to the legal sufficiency of the motion. The judge cannot dispute the truth of the facts alleged or attempt to defend themselves. If the motion is legally sufficient on its face, the judge must immediately enter an order of disqualification and take no further action in the case.