Court: Supreme Court of Florida; September 8, 1988; Florida; State Supreme Court
The Florida Bar Small Claims Rules Committee has proposed amendments to the Florida Small Claims Rules, which this Court has considered and approved. Key changes include:
1. **Rule 7.050(a)(2)**: Corporations can now be represented by an officer or authorized employee.
2. **Rule 7.050(b)**: Filing papers must include the party’s phone number and the attorney’s Florida Bar number.
3. **Rule 7.050(e)**: A new provision combines pretrial conferences and Order to Show Cause hearings in replevin actions.
4. **Rule 7.060(7)**: Venue is established in the county where payment is due unless parties agree otherwise.
5. **Rule 7.090(b)**: Pretrial conferences must occur within thirty-five days of filing, detailing specific issues to be addressed.
6. **Rule 7.090(c)**: Personal attendance at pretrial conferences is required when a defense motion is filed.
7. **Rule 7.090(e)**: Counsel's appearance at pretrial conferences can be waived if all parties are represented by counsel.
8. **Rule 7.100(e)**: Introduces provisions for third-party claims to resolve all related issues.
9. **Rule 7.140(f)**: Allows for witness or party testimony via telephone, with attorney representation permitted over the phone.
10. **Rule 7.210(a)**: The court can stay both levy and judgment/execution.
11. **Rule 7.221**: Establishes a procedure for post-judgment discovery through hearings in aid of execution.
The Florida Bar Board of Governors recommended increasing the jurisdictional limit of Small Claims Courts to $5,000 and requiring judges to personally preside over pretrial conferences, but the Court declined these suggestions. The amendments will take effect on January 1, 1989, at 12:01 a.m., with all conflicting rules and statutes superseded as of that date. The committee notes accompanying the rules are not adopted by the Court.
Attorneys must include their Florida Bar number on all court filings. In replevin cases, the county court clerk will schedule pre-judgment hearings and pretrial conferences simultaneously, as outlined in Section 78.065(2)(a) and Rule 7.050(d). A summons titled "Notice to Appear" will be served on the defendant, highlighting their right to venue in bold type. Defendants can request a transfer to a proper venue if sued in an incorrect location, either orally on the court date or via a sworn written request submitted seven days prior to the first court date. A statement of claim must accompany the summons.
The initial appearance will be a pretrial conference set within 35 days of filing, addressing issues such as simplification of matters, amendments to pleadings, admissions of fact, witness limitations, and settlement possibilities. Written pretrial motions are not required unless ordered by the court, but if filed, must be served on all parties prior to the pretrial conference. Personal attendance at the pretrial conference is mandatory unless all parties represented by attorneys agree to waive it via a written agreement, which must outline disputed issues, expected witnesses, estimated trial time, and stipulations of fact. The court will then schedule the trial according to the rules.
A defendant may serve a third-party complaint on someone not involved in the action who may be liable for all or part of the plaintiff's claim. Court approval is required for filing this complaint, which must be done within a timeframe set by the court. A supplemental pretrial conference will be scheduled, and both the third-party plaintiff and defendant must appear, either personally or through counsel. If the third-party defendant needs more time to prepare, the court may continue the action. Any party can move to strike or sever the third-party claim. If a counterclaim is made against the plaintiff, they can also bring in a third-party defendant under similar conditions.
Trials may be conducted informally but must maintain decorum, and the rules of evidence will be applied liberally. Testimony from non-parties, parties, or witnesses can be presented via telephone if agreed upon and permitted by the court, including attorney representation over the phone.
Regarding judgment, when one is to be entered against a party, the judge may investigate the party's financial status and has the discretion to stay judgment or execution based on just terms and a stipulation for periodic payments to reduce the judgment.
Judgment debtors may be required to appear at a hearing to disclose their financial status and assets, applicable only to natural persons who were not represented by an attorney before the judgment.
In pretrial conferences, defendants must appear to avoid default judgments, and plaintiffs must appear to prevent case dismissal. Written motions or answers do not substitute for personal appearance. The conference aims to record appearances, clarify claims, and set trial dates. Parties should be prepared to discuss their disputes, settlement efforts, provide necessary documents, and estimate trial duration. If a party admits the claim but needs time to pay, they should present their situation to the court for potential approval of a payment plan.
The law allows a plaintiff to file a lawsuit in various jurisdictions, but a defendant can request a transfer to a proper venue if the case is filed incorrectly. Proper venues include locations where the contract was made, where an unsecured promissory note was signed or where the maker resides, where the property at issue is located, where the event occurred, where the defendants reside, or as agreed in a contract. In cases involving money owed without a filing agreement, the venue is where payment is due. Defendants believing the venue is improper must either appear in court to request a transfer or submit a written transfer request in affidavit form at least seven days before the court date, including a copy for the plaintiff.
Parties involved in a small claims action should note the following: they have attended a pretrial conference and will receive no further notice regarding the trial date. They are scheduled for a non-jury trial and must attend on the specified date to avoid losing the case. Compliance with the judge's directives for document and information exchange is critical, as failure to do so may result in court sanctions.
If a counterclaim has been filed against a plaintiff, it signifies the defendant is also suing them. Both claims will be heard simultaneously at trial if the counterclaim is properly filed. Settlement of either claim requires written notification to the Clerk of the County Court to avoid court appearances. A third-party complaint can be filed by a defendant against another party who may be liable for the plaintiff's claim, and this must be completed before trial. Finally, all parties should prepare by bringing necessary witnesses and evidence to the trial.
A single trial will occur, requiring all parties to be prepared and punctual. If advised by the judge during the pretrial conference, ensure necessary witnesses or documents are present. Written repair estimates are generally inadmissible unless both parties consent or the estimator is available to testify. Non-jury trials will not be recorded unless a court reporter is arranged in advance and paid accordingly. Without a court reporter, the possibility of a successful appeal is significantly diminished due to the lack of a complete trial record.
If a settlement is reached before trial, all parties must notify the judge by phone and subsequently submit written notice to the clerk, which will lead to case dismissal. Any change of address must be communicated in writing to the clerk and opposing party. For clarification on procedural questions, contact the Clerk of the County Court, but note that they cannot provide legal advice. For legal assistance, contact an attorney or the County Bar Association's Lawyer Referral Service.
Additional forms mentioned include those for final judgment against a defendant, ex parte motion for a hearing in aid of execution, and a fact information sheet that gathers detailed financial and personal information about the judgment debtor, which is required at the hearing.
