Florida Small Claims Rules

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Did you know that there are specific rules for small claims cases in the State of Florida? If you are in small claims court, it is important to understand the specific rules that apply to your case.

Table of Contents

Florida Rules of Civil Procedure

It is important to be familiar with the Small Claims Rules since not all Florida Rules of Civil Procedure will apply to your case. The Small Claims Rules specifically provide that only Florida Rules of Civil Procedure 1.090(a), (b), and (c); 1.190(e); 1.210(b); 1.260; 1.410; and 1.560 are applicable in small claims actions. Furthermore, the Small Claims Rules permit that any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380 directed at said party, without order of court. If a party not represented by an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is not represented by an attorney, and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380, the opposing party shall not be entitled to initiate such discovery without leave of court. However, the time for such discovery procedures may be prescribed by the court. It is also imperative to note that in any particular action, the court may order that action to proceed under one or more additional Florida Rules of Civil Procedure on application of any party or the stipulation of all parties or on the court’s own motion. Therefore, it is possible that other Florida Rules of Civil Procedure may apply in your case.

Trials

The Small Claims Rules also set forth the process for trials. The Rules allow jury trials upon written demand of the plaintiff at the beginning of the lawsuit, or by the defendant within ten days after service of the summons/notice to appear or at the pretrial conference. Otherwise, the jury trial will be deemed waived and the case will proceed to a bench trial before the sitting judge.

The Small Claims Rules also provide the following in regards to trials:

Time. The trial date shall be set by the court at the pretrial conference.
Determination. Issues shall be settled and motions determined summarily.
Pretrial. The pretrial conference should narrow contested factual issues. The case may proceed to trial with the consent of both parties.
Settlement. At any time before judgment, the judge shall make an effort to assist the parties in settling the controversy by conciliation or compromise.
Unrepresented Parties. In an effort to further the proceedings and in the interest of securing substantial justice, the court shall assist any party not represented by an attorney on: (1) courtroom decorum; (2) order of presentation of material evidence; and (3) handling private information.
How Conducted. The trial may be conducted informally but with decorum befitting a court of justice. The rules of evidence applicable to trial of civil actions apply but are to be liberally construed. At the discretion of the court, testimony of any party or witness may be presented over the telephone. Additionally, at the discretion of the court an attorney may represent a party or witness over the telephone without being physically present before the court. Any witness utilizing the privilege of testimony by telephone as permitted in this rule shall be treated for all purposes as a live witness, and shall not receive any relaxation of evidentiary rules or other special allowance. A witness may not testify over the telephone in order to avoid either the application of Florida’s perjury laws or the rules of evidence.