In re Florida Bar Small Claims Rules
Docket: No. 71687
Court: Supreme Court of Florida; September 8, 1988; Florida; State Supreme Court
The Florida Bar Small Claims Rules Committee petitioned for amendments to the Florida Small Claims Rules, which the Court has approved. Key amendments include: 1. **Rule 7.050(a)(2)**: Corporations can be represented by an officer or an authorized employee. 2. **Rule 7.050(b)**: Filings must include the party's phone number and attorney's Florida Bar number. 3. **Rule 7.050(e)**: Pretrial conferences and Order to Show Cause hearings in replevin actions are now combined. 4. **Rule 7.060(7)**: Venue is established in the county where payment is to be made unless otherwise agreed. 5. **Rule 7.090(b)**: Pretrial conferences must occur within thirty-five days of filing, with specified issues to be discussed. 6. **Rule 7.090(c)**: Personal appearance at pretrial conferences is required if a defense motion is filed. 7. **Rule 7.090(e)**: Counsel's appearance at pretrial conferences can be waived if all parties are represented. 8. **Rule 7.100(e)**: Provision for third-party claims to address all relevant issues. 9. **Rule 7.140(f)**: Allows witness or party testimony to be taken via telephone and permits attorney representation by phone. 10. **Rule 7.210(a)**: Court may stay levy as well as judgment or execution. 11. **Rule 7.221**: Establishes a procedure for post-judgment discovery through a hearing in aid of execution. The Florida Bar Board of Governors recommended increasing the Small Claims Court jurisdictional limit to $5,000 and requiring judges to personally preside over pretrial conferences; however, these recommendations were declined. The amended rules will take effect on January 1, 1989. All conflicting rules and statutes are superseded as of that date. The committee notes are not adopted by the Court. The opinion includes concurrences from Justices EHRLICH, OVERTON, MCDONALD, SHAW, GRIMES, and KOGAN, with Justice BARKETT dissenting.