Florida Small Claims Rules - Full Text
Complete Rules Text
This page contains the complete full text of all Florida Small Claims Rules with forms, commentary, and cross-references for small claims proceedings.
Version: Florida Small Claims Rules
FLORIDA SMALL CLAIMS RULES
TABLE OF CONTENTS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
RULE 7.010. TITLE AND SCOPE
RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE
RULE 7.040. CLERICAL AND ADMINISTRATIVE DUTIES OF CLERK
RULE 7.050. COMMENCEMENT OF ACTION; STATEMENT OF CLAIM
RULE 7.060. PROCESS AND VENUE
RULE 7.070. METHOD OF SERVICE OF PROCESS
RULE 7.080. SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
OTHER THAN STATEMENT OF CLAIM
RULE 7.090. APPEARANCE; DEFENSIVE PLEADINGS; TRIAL DATE
RULE 7.100. COUNTERCLAIMS; SETOFFS; THIRD-PARTY COMPLAINTS;
TRANSFER WHEN JURISDICTION EXCEEDED
RULE 7.110. DISMISSAL OF ACTIONS
RULE 7.130. CONTINUANCES AND SETTLEMENTS
RULE 7.135. SUMMARY DISPOSITION
RULE 7.140. TRIAL
RULE 7.150. JURY TRIALS
RULE 7.160. FAILURE OF PLAINTIFF OR BOTH PARTIES TO
APPEAR
RULE 7.170. DEFAULT; JUDGMENT
RULE 7.175. COSTS AND ATTORNEYS’ FEES
RULE 7.180. MOTIONS FOR NEW TRIAL; TIME FOR; CONTENTS
RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL
MISTAKES
RULE 7.200. EXECUTIONS
RULE 7.210. STAY OF JUDGMENT AND EXECUTION
RULE 7.220. SUPPLEMENTARY PROCEEDINGS
RULE 7.221. HEARING IN AID OF EXECUTION
RULE 7.230. APPELLATE REVIEW
RULE 7.300. FORMS
FORM 7.310. CAPTION
FORM 7.315. DESIGNATION OF E-MAIL ADDRESS FOR PARTY NOT
REPRESENTED BY AN ATTORNEY
FORM 7.316. CHANGE OF ADDRESS
FORM 7.322. SUMMONS/NOTICE TO APPEAR FOR PRETRIAL
CONFERENCE
FORM 7.323. PRETRIAL CONFERENCE ORDER AND NOTICE OF TRIAL
FORM 7.330. STATEMENT OF CLAIM (AUTO NEGLIGENCE)
FORM 7.331. STATEMENT OF CLAIM (FOR GOODS SOLD)
FORM 7.332. STATEMENT OF CLAIM (FOR WORK DONE AND MATERIALS
FURNISHED)
FORM 7.333. STATEMENT OF CLAIM (FOR MONEY LENT)
FORM 7.334. STATEMENT OF CLAIM (PROMISSORY NOTE)
FORM 7.335. STATEMENT OF CLAIM (FOR RETURN OF STOLEN
PROPERTY FROM PAWNBROKER)....................................................... 45
FORM 7.336. STATEMENT OF CLAIM FOR REPLEVIN (FOR RETURN OF
PERSONAL PROPERTY/WEAPON FROM GOVERNMENT ENTITY)........ 47
FORM 7.337. STATEMENT OF CLAIM (ACCOUNT STATED)
FORM 7.340. FINAL JUDGMENT
FORM 7.341. EXECUTION
FORM 7.342. EX PARTE MOTION AND ORDER FOR HEARING IN AID OF
EXECUTION
FORM 7.343. FACT INFORMATION SHEET
FORM 7.344. ORDER TO SHOW CAUSE
FORM 7.345. STIPULATION FOR INSTALLMENT SETTLEMENT, ORDER
APPROVING STIPULATION, AND DISMISSAL
FORM 7.347. SATISFACTION OF JUDGMENT
FORM 7.350. AUTHORIZATION TO ALLOW EMPLOYEE TO REPRESENT
BUSINESS ENTITY AT ANY STAGE OF LAWSUIT
FORM 7.351. FORMAT FOR DEFENDANT’S MOTION
FORM 7.352. DEFENDANT’S MOTION TO CONTINUE
FORM 7.353. DEFENDANT’S MOTION TO INVOKE THE RULES OF CIVIL
PROCEDURE
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
Original Adoption, effective 1-1-68: 203 So. 2d 616 and 205 So. 2d 297.
Effective Date Citation Rules Amended or Adopted
2-1-73 270 So.2d 729. Complete revision.
1-1-79 366 So.2d 398. Amended 7.010(b), 7.020, 7.060, 7.070,
7.110(e), 7.150, 7.170(a), 7.210(c).
1-1-79 372 So.2d 449. Amended 7.050(a)(2); deleted 7.030.
1-1-81 385 So.2d 1367. Amended 7.060, 7.170.
1-1-85 461 So.2d 1344. Amended 7.010, 7.070, 7.090, 7.110, 7.130,
7.140, 7.150, 7.170, 7.180.
1-1-89 537 So.2d 81. Amended 7.050(a)(2), (b), 7.060, 7.090(b), (c),
(e), 7.100(e), 7.140(f),
7.210(a); deleted 7.320, 7.321; added 7.050(e),
7.221, 7.322, 7.323, 7.340, 7.342, 7.343,
7.344.
1-1-93 601 So.2d 1201. Four-year-cycle revision. Substantively
amended 7.070, 7.340; added 7.345.
1-1-97 682 So.2d 1075. Four-year-cycle revision. Amended 7.010(b),
7.020(b), 7.070, 7.110(e), 7.140(e), 7.221, forms
7.340, 7.343, 7.345.
1-1-01 785 So.2d 401. Four-year cycle revision. Substantively
amended 7.070, 7.135, 7.160, 7.221, 7.340,
7.345; added 7.080(f), 7.090(f)–(g).
1-1-04 849 So.2d 293. Two-year-cycle revision. Amended 7.050(a)(2),
7.090(b), form 7.322.
1-1-06 931 So.2d 78. Two-year-cycle revision. Amended form 7.343;
added 7.175, forms 7.335, 7.343(b), 7.350.
1-1-08 959 So.2d 1169. Three-year-cycle revision. Added form 7.347.
4-17-08 980 So.2d 1054. Added committee note to form 7.347.
10-01-08 985 So.2d 1033. Amended 7.090(f) and form 7.322.
01-01-11 44 So.3d 573. Three-year cycle revision. Amended 7.050,
7.335, 7.342, 7.343.
07-01-11 64 So.3d 1196. Amended 7.090(b).
10-01-11 80 So.3d 317. Amended 7.140, and forms 7.340, 7.343.
12-15-11 78 So.3d 1303. Amended 7.040.
9-1-12 102 So.3d 505. Amended 7.050, 7.080.
4-1-13 102 So.3d 451. Amended 7.080.
1-1-14 123 So. 3d 41. Three-year-cycle revision. Amended 7.010,
7.050, 7.140, 7.322, 7.350. Adopted 7.336.
1-1-17 200 So.3d 746. Three-year-cycle revision. Amended 7.050,
7.080, 7.090, 7.160.
1-1-20 283 So.3d 802. Amended 7.010.
Effective Date Citation Rules Amended or Adopted
1-1-20 285 So.3d 896. Three-year-cycle revision. Amended 7.020,
7.040, 7.050, 7.060, 7.080, 7.090, 7.100,
7.130, 7.150, 7.160, 7.175, 7.180, 7.190,
7.200, 7.221, 7.230, 7.322, 7.323, 7.330,
7.331, 7.322, 7.333, 7.334, 7.335, 7.342,
7.343, 7.345; Adopted 7.315, 7.316, 7.337,
7351, 7.352, 7.353.
4-8-21 318 So.3d 1240. Amended 7.221 and 7.343.
10-28-21 344 So.3d 940. Amended 7.050, 7.080, 7,315, 7.322, 7.323.
10-1-22 346 So.3d 1105. Amended 7.090, 7.100, 7.140, 7.150.
10-24-22 AOSC22-78 Style changes to conform with the updated
style guide.
NOTE TO USERS: Rules reflect all changes through 346 So.3d 1105.
Subsequent amendments, if any, can be found at
ww.floridasupremecourt.org/decisions/rules.shtml.
RULE 7.010 cases. TITLE AND SCOPE
(a) Title. These rules shall be cited as Florida Small Claims
Rules and may be abbreviated “Fla. Sm. Cl. R.” These rules shall be
construed to implement the simple, speedy, and inexpensive trial of
actions at law in county courts.
(b) Scope. These rules are applicable to all actions of a civil
nature in the county courts which contain a demand for money or
property, the value of which does not exceed $8,000 exclusive of
costs, interest, and attorneys’ fees. If there is a difference between
the time period prescribed by these rules and by section 51.011,
Florida Statutes, the statutory provision shall govern.
Committee Notes
1978 Amendment. The addition to (b) is designed to eliminate
confusion caused by denomination of section 51.011, Florida
Statutes, as “Summary Procedure.”
2013 Amendment. Subdivision (b) is amended to clarify that
the Florida Small Claims Rules apply to a claim for money or
property even when expressed as, or coupled with, a claim for
equitable relief. State Farm Mutual Automobile Insurance Company
v. Green, 579 So. 2d 402 (Fla. 5th DCA 1991).
RULE 7.020 cases. APPLICABILITY OF RULES OF CIVIL
PROCEDURE
(a) Generally. 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 all actions covered by these rules.
(b) Discovery. 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.
(c) Additional Rules. In any particular action, the court
may order that action to proceed under 1 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.
Committee Notes
1972 Amendment. Subdivision (a) is amended by giving the
court authority to apply additional rules of civil procedure in any
particular case on the application of a party, stipulation of all
parties, or order on the court’s own motion.
1978 Amendment. These proposed amendments would help
prevent overreaching and the ability of one party to obtain judgment
without giving the court the full opportunity to consider the merits
of the case. When attorneys are involved, the rule would preserve
the ability of the parties to fully develop their cases.
1996 Amendment. The addition of Fla. R. Civ. P. 1.380
enables the court to issue and impose sanctions for failure to
comply with discovery requests.
RULE 7.040 cases. CLERICAL AND ADMINISTRATIVE DUTIES OF
CLERK
(a) Trial Calendar. The clerk of the circuit court or the clerk
of the county court in those counties where such a clerk is
provided, hereinafter referred to as the clerk, shall maintain a trial
calendar. The placing of any action thereon with the date and time
of trial is notice to all concerned of the order in which they may
expect such action to be called.
(b) Records. The clerk shall maintain records in which
accurate entries of all actions brought before the court and
notations of the proceedings shall comply with Florida Rule of
General Practice and Judicial Administration 2.425 and shall be
made:
(1) including the date of filing;
(2) the date of issuance, service, and return of process;
(3) the appearance of such parties as may appear;
(4) the fact of trial, whether by court or jury;
(5) the issuance of execution and to whom issued and
the date thereof and return thereon and, when satisfied, a marginal
entry of the date thereof;
(6) the issuance of a certified copy;
(7) a memorandum of the items of costs including
witness fees; and
(8) the record of the verdict of the jury or finding of the
judge, and the judgment, including damages and costs, which
judgments may be kept in a separate judgment book; and is
searchable by parties’ names with reference to action and case
number.
Court Commentary
1972 Amendment. See also rule 7.050(c).
Committee Note
2019 Amendment. References to minute book, docket book,
and judgment book were consolidated into “records” in subdivision
(b) to better reflect the practice across the state.
RULE 7.050 cases. COMMENCEMENT OF ACTION; STATEMENT OF
CLAIM
(a) Commencement.
(1) Statement of Claim. Actions are commenced by the
filing of a statement of claim in concise form, which shall inform the
defendant of the basis and the amount of the claim. If the claim is
based on a written document, a copy or the material part thereof
shall be attached to the statement of claim. All documents served
upon the defendant with initial process shall be filed with the court.
(2) Party Not Represented by Attorney to Sign. A party,
individual, or business entity recognized under Florida law who or
which has no attorney handling such cause shall sign that party’s
statement of claim or other paper and state that party’s address
and telephone number, including area code, and may include an e-
mail address. However, if the trial court in its discretion determines
that the plaintiff is engaged in the business of collecting claims and
holds such claim being sued upon by purchase, assignment, or
management arrangement in the operation of such business, the
court may require that business entity to provide counsel in the
prosecution of the cause. Any business entity recognized under
Florida law may be represented at any stage of the trial court
proceedings by any principal of the business entity who has legal
authority to bind the business entity or any employee authorized in
writing by a principal of the business entity. A principal is defined
as being an officer, member, managing member, or partner of the
business entity. A non-attorney may not represent a business entity
in appellate proceedings.
(b) Parties. The names, addresses, and, if known, telephone
numbers, including area code, of all parties or their attorneys, if
any, must be stated on the statement of claim. A party not
represented by an attorney may include an e-mail address.
Additionally, attorneys must include their Florida Bar number on
all papers filed with the court, as well as an e-mail address, in
compliance with the Florida Rules of General Practice and Judicial
Administration 2.515 and 2.516. A statement of claim shall not be
subject to dismissal for the failure to include a telephone number.
(c) Clerk’s Duties. The clerk shall assist in the preparation
of a statement of claim and other papers to be filed in the action at
the request of any litigant. The clerk shall not be required to
prepare papers on constructive service, substituted service,
proceedings supplementary to execution, or discovery procedures.
(d) Summons/Notice to Appear for Pretrial Conference.
The court shall furnish all parties with a notice of the day and hour
set for the pretrial conference.
(e) Replevin. In those replevin cases to which these rules
are applicable, the clerk of the county court shall set the hearing
required by section 78.065(2)(a), Florida Statutes, (prejudgment
replevin order to show cause hearings) and rule 7.090(b) (pretrial
conferences) at the same time.
Committee Notes
1988 Amendment. Subdivision (a)(2): To clarify who may
appear and represent a corporation in a small claims case.
Subdivision (b): First sentence is to conform Florida Small
Claims Rules with Florida Rules of Judicial Administration 2.060(d)
and 2.060(e). Second sentence is to conform to proposed
amendment to rules of judicial administration.
Subdivision (e): Require that the order to show cause hearing
required in small claims replevin cases and the pretrial conference
required by the small claims rules be held at the same time to save
time and avoid confusion.
2010 Amendment. A sentence is added to subdivision (a)(1)
to ensure that the courts have access to all documents served with
initial process.
2013 Amendment. Subdivision (b) is amended to clarify that
a party is required to list an opposing party’s telephone number
only if that telephone number is known. Additionally, the rule is
amended to clarify that the requirement of including a telephone
number is not grounds for dismissal.
Court Commentary
1972 Amendment. The statement of claim need not be
verified.
Subdivision (c) is amended so as to provide that the clerk shall
not be required to prepare papers on substituted service.
RULE 7.060 cases. PROCESS AND VENUE
(a) Summons/Notice to Appear Required. A
summons/notice to appear stating the time and place of hearing
shall be served on the defendant. The summons/notice to appear
shall inform the defendant, in a separate paragraph containing bold
type, of the defendant’s right of venue. This paragraph on venue
shall read:
Right to Venue. The law gives the person or company
who has sued you the right to file suit in any one of several
places as listed below. However, if you have been sued in any
place other than one of these places, you, as the defendant,
have the right to request that the case be moved to a proper
location or venue. A proper location or venue may be one of
the following:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note,
where the note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a
lien, where the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued
reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement
as to where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one
of these correct places, you must appear on your court date and
orally request a transfer or you must file a written request for
transfer in affidavit form (sworn to under oath) with the court 7
days prior to your first court date and send a copy to the plaintiff or
plaintiff’s attorney, if any.
(b) Copy of Claim to Be Served. A copy of the statement of
claim shall be served with the summons/notice to appear.
Committee Notes
1988 Amendment. A statement is added to the “right to
venue notice” on the summons/notice to appear that proper venue
also lies in the county where payment is to be made. This conforms
with Florida law.
Clarification has been made that the notice is now known as
the summons/notice to appear.
Court Commentary
1980 Amendment. If the statutory venue, chapter 47, Florida
Statutes, is changed by the legislature, this change should be
reflected in the required notice.
RULE 7.070 cases. METHOD OF SERVICE OF PROCESS
Service of process shall be effected as provided by law or as
provided by Florida Rules of Civil Procedure 1.070(a)–(h).
Constructive service or substituted service of process may be
effected as provided by law. Service of process on Florida residents
only may also be effected by certified mail, return receipt signed by
the defendant, or someone authorized to receive mail at the
residence or principal place of business of the defendant. Either the
clerk or an attorney of record may mail the certified mail, the cost of
which is in addition to the filing fee.
Committee Notes
1978 Amendment. Present rule provides for certified or
registered mail. Certified mail has not been satisfactory since the
Postal Service does not deliver to the defendant in all cases.
1984 Amendment. Mail service is allowed on persons
authorized to receive mail for the defendant similar to substituted
service by the sheriff on a resident of the defendant’s abode. The
proposal clarifies the rule that service by mail is not available for
out-of-state defendants.
1992 Amendment. The committee has found that most
jurisdictions forward the summons and complaint for service by
certified mail rather than registered mail. Therefore, the rule is
changed to conform to the custom and to be more in keeping with
the other service requirements that are required by certified mail as
opposed to registered mail.
1996 Amendment. The rule is being modified to exclude Fla.
R. Civ. P. 1.070(i) because Small Claims Rule 7.110(e) provides for
dismissal of a claim for failure to prosecute after 6 months of
inactivity.
Court Commentary
1972 Amendment. The payment of costs of service by
certified or registered mail from the filing fee is authorized by
section 34.041(1), Florida Statutes; chapter 72-404, Laws of
Florida.
RULE 7.080 cases. SERVICE AND FILING OF PLEADINGS AND
DOCUMENTS OTHER THAN STATEMENT OF
CLAIM
(a) When Required. Copies of all pleadings and papers
subsequent to the summons/notice to appear, except applications
for witness subpoenas and orders and judgments entered in open
court, shall be served on each party. One against whom a default
has been entered is entitled to be served only with pleadings
asserting new or additional claims.
(b) How Made. When a party is represented by an attorney,
service of papers other than the statement of claim and
summons/notice to appear shall be made on the attorney unless
the court orders service to be made on the party. Service on an
attorney or a party not represented by an attorney must be made in
compliance with Florida Rule of General Practice and Judicial
Administration 2.516.
(c) Filing. All pleadings and papers shall be filed with the
court either before service or immediately thereafter.
(d) Filing with the Court Defined. The filing of documents
with the court as required by these rules is made by filing them
with the clerk, except that the judge may permit the documents to
be filed with the judge, in which event the judge shall note thereon
the filing date and transmit them to the clerk, and the clerk shall
file them as of the same date they were filed with the judge. Parties
represented by an attorney must file documents in compliance with
the electronic filing (e-filing) requirements set forth in Florida Rule
of General Practice and Judicial Administration 2.525. Parties not
represented by an attorney may file documents in compliance with
the e-filing requirement if permitted by the Florida Rules of General
Practice and Judicial Administration.
(e) Certificate of Service.
(1) When any party or attorney in substance certifies:
“I certify that a copy hereof has been furnished to (here insert
name or names and address or addresses) by (delivery) (mail) (e-
mail) on .....(date)......
Party or party’s attorney”
the certificate is prima facie proof of such service in compliance
with all rules of court and law.
(2) When any paper is served by the clerk, a docket
entry shall be made showing the mode and date of service. Such
entry is sufficient proof of service without a separate certificate of
service.
(f) When a Party Who is Not Represented by an Attorney
Fails to Show Service. If a party who is not represented by an
attorney files a paper that does not show service of a copy on all
other parties, the clerk shall serve a copy of it on all other parties.
Court Commentary
1972 Amendment. Subdivisions (a), (b), (c), (d), and (e) are
substantially the same as Florida Rule of Civil Procedure 1.080(a),
(b), (d), (e), and (f).
RULE 7.090 cases. APPEARANCE; DEFENSIVE PLEADINGS; TRIAL
DATE
(a) Appearance. On the date and time appointed in the
summons/notice to appear, the plaintiff and defendant must
appear personally or by counsel, subject to subdivision (b). Such
appearance may be in person or through the use of communication
technology under Florida Rule of General Practice and Judicial
Administration 2.530.
(b) Summons/Notice to Appear; Pretrial Conference. The
summons/notice to appear shall specify that the initial appearance
shall be for a pretrial conference. The initial pretrial conference
shall be set by the clerk not more than 50 days from the date of the
filing of the action. In the event the summons/notice to appear is
non-served and the return of service is filed 5 days before the
pretrial conference, the pretrial conference shall be canceled by the
court as to any non-served party. The plaintiff may request a new
summons/notice to appear and include a new initial appearance
date for the pretrial conference. The pretrial conference may be
managed by nonjudicial personnel employed by or under contract
with the court. Nonjudicial personnel must be subject to direct
oversight by the court. A judge must be available to hear any
motions or resolve any legal issues. At the pretrial conference, all of
the following matters shall be considered:
(1) The simplification of issues.
(2) The necessity or desirability of amendments to the
pleadings.
(3) The possibility of obtaining admissions of fact and
of documents that avoid unnecessary proof.
(4) The limitations on the number of witnesses.
(5) The possibilities of settlement.
(6) Such other matters as the court in its discretion
deems necessary.
Form 7.322 shall and form 7.323 may be used in conjunction
with this rule.
(c) Defensive Pleadings. Unless required by order of court,
written pretrial motions and defensive pleadings are not necessary.
If filed, copies of such pleadings shall be served on all other parties
to the action at or prior to the pretrial conference or within such
time as the court may designate. The filing of a motion or a
defensive pleading shall not excuse the personal appearance of a
party or attorney on the initial appearance date (pretrial
conference).
(d) Trial Date. The court shall set the case for trial not more
than 60 days from the date of the pretrial conference. Notice of at
least 10 days of the time of trial shall be given. The parties may
stipulate to a shorter or longer time for setting trial with the
approval of the court. This rule does not apply to actions to which
chapter 51, Florida Statutes, applies.
(e) Waiver of Appearance at Pretrial Conference. Where
all parties are represented by an attorney, counsel may agree to
waive personal appearance at the initial pretrial conference, if a
written agreement of waiver signed by all attorneys is presented to
the court prior to or at the pretrial conference. The agreement shall
contain a short statement of the disputed issues of fact and law, the
number of witnesses expected to testify, an estimate of the time
needed to try the case, and any stipulations of fact. The court shall
forthwith set the case for trial within the time prescribed by these
rules.
(f) Appearance at Mediation; Sanctions. In small claims
actions, an attorney may appear on behalf of a party at mediation if
the attorney has full authority to settle without further
consultation. Unless otherwise ordered by the court, a nonlawyer
representative may appear on behalf of a party to a small claims
mediation if the representative has the party’s signed written
authority to appear and has full authority to settle without further
consultation. In either event, the party need not appear. Mediation
may take place at the pretrial conference. Whoever appears for a
party must have full authority to settle. Appearance at the
mediation may be in person or, if authorized by the court or by
written stipulation of the parties, through the use of communication
technology as that term is defined in Florida Rule of General
Practice and Judicial Administration 2.530. Failure to comply with
this subdivision may result in the imposition of costs and attorney
fees incurred by the opposing party.
(g) Agreement. Any agreements reached as a result of small
claims mediation must be written in the form of a stipulation. The
stipulation may be entered as an order of the court. Signatures for
the stipulation may be original, electronic, or facsimile and may be
in counterparts.
Committee Notes
1972 Amendment. Rule 7.120 is incorporated in subdivision
(c). It is slightly expanded to provide for a computation period from
service by mail and to give the parties the right to stipulate to a
shorter time for the trial.
1984 Amendment. This change requires the use of a pretrial
procedure and requires both parties to attend the pretrial
conference which can be used to resolve pretrial motions. The use
of a pretrial previously varied from county to county.
1988 Amendment. (b) 1st sentence — Chair’s clarification.
2nd sentence — Require the clerk to set the initial pretrial
conference within a reasonable time after filing of the action taking
into consideration the fact that the time standards guideline for
small claims cases is 95 days.
3rd sentence — State within the small claims rules what
matters shall be considered at the pretrial conference rather than
by reference to Florida Rule of Civil Procedure 1.220(a), which has
been amended several times and is generally not applicable to small
claims cases.
4th sentence — Direct that new form 7.322 shall and that new
form 7.323 may be used statewide.
(c) Clarifies that a personal appearance is required at the
pretrial conference when a defense motion is filed.
(e) Adds a provision for waiving counsel’s appearance at the
pretrial conference where all parties are represented by counsel.
Court Commentary
2008 Amendment. The requirement that an attorney
attending mediation on behalf of the client have full authority to
settle should not be equated to a requirement to settle where one or
more parties wants to proceed to trial.
RULE 7.100 cases. COUNTERCLAIMS; SETOFFS; THIRD-PARTY
COMPLAINTS; TRANSFER WHEN JURISDICTION
EXCEEDED
(a) Compulsory Counterclaim. If a defendant has a claim
or setoff against a plaintiff that arises out of the same transaction
or occurrence which is the subject matter of the plaintiff’s claim,
the counterclaim or setoff shall be filed not less than 5 days before
the initial appearance date (pretrial conference), or within such time
as the court designates, or it is abandoned.
(b) Permissive Counterclaim. If a defendant has a claim or
setoff against a plaintiff that does not arise out of the same
transaction or occurrence which is the subject matter of the
plaintiff’s claim, then the counterclaim or setoff may be filed not
less than 5 days before the initial appearance date (pretrial
conference) or within such time as the court designates, and tried,
providing that such permissive claim is within the jurisdiction of
the court.
(c) How Filed. Counterclaims and setoffs shall be filed in
writing with the clerk of court and served on the plaintiff or to the
attorney of the plaintiff if the plaintiff is represented by an attorney.
If additional time is needed to prepare a defense, the court may
continue the action.
(d) Transfer When Beyond Jurisdiction. When a
counterclaim or setoff is filed and exceeds the jurisdiction of the
small claims court, the action shall then be transferred to the court
having jurisdiction. The counterclaimant shall deposit with the
clerk of the court a sum sufficient to pay the filing fee in the court
to which the case is to be transferred. Failure to make the deposit
at the time of filing, or with such further time as the court may
allow, waives the right to transfer.
(e) Third-Party Complaints. A defendant may cause a
statement of claim to be served on a person not a party to the
action who is or may be liable to the defendant for all or part of the
plaintiff’s claim against the defendant. A defendant must obtain
leave of court on motion made at the initial appearance date
(pretrial conference) and must file the third-party complaint within
such time as the court may allow. The clerk must schedule a
supplemental pretrial conference, and on the date and time
appointed in the notice to appear the third-party plaintiff and the
third-party defendant must appear personally or by counsel. Such
appearance may be in person or through the use of communication
technology under Florida Rule of General Practice and Judicial
Administration 2.530. If additional time is needed for the third-
party defendant to prepare a defense, the court may continue the
action. Any party may move to strike the third-party claim or for its
severance or separate trial. When a counterclaim is asserted against
the plaintiff, the plaintiff may bring in a third-party defendant
under circumstances that would entitle a defendant to do so under
this rule.
Committee Notes
1988 Amendment. Provides for and authorizes third-party
claims so that all issues may be addressed and resolved. Also
provides for a title change.
RULE 7.110 cases. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal; Effect Thereof.
(1) By Parties. Except in actions where property has
been seized or is in the custody of the court, an action may be
dismissed by the plaintiff without order of court (A) by the plaintiff
informing the defendant and clerk of the dismissal before the trial
date fixed in the notice to appear, or before retirement of the jury in
a case tried before a jury or before submission of a nonjury case to
the court for decision, or (B) by filing a stipulation of dismissal
signed by all parties who have appeared in the action. Unless
otherwise stated, the dismissal is without prejudice, except that a
dismissal operates as an adjudication on the merits when a plaintiff
has once dismissed in any court an action based on or including
the same claim.
(2) By Order of the Court; If Counterclaim. Except as
provided in subdivision (a)(1) of this rule, an action shall not be
dismissed at a party’s instance except upon order of the court and
on such terms and conditions as the court deems proper. If a
counterclaim has been made by the defendant before the plaintiff
dismisses voluntarily, the action shall not be dismissed against the
defendant’s objections unless the counterclaim can remain pending
for independent adjudication. Unless otherwise specified in the
order, a dismissal under this subdivision is without prejudice.
(b) Involuntary Dismissal. Any party may move for
dismissal of an action or of any claim against that party for failure
of an adverse party to comply with these rules or any order of court.
After a party seeking affirmative relief in an action has completed
the presentation of evidence, any other party may move for a
dismissal on the ground that upon the facts and the law the party
seeking affirmative relief has shown no right to relief without
waiving the right to offer evidence in the event the motion is not
granted. The court may then determine them and render judgment
against the party seeking affirmative relief or may decline to render
any judgment until the close of all the evidence. Unless the court in
its order for dismissal otherwise specifies, a dismissal under this
subdivision and any dismissal not provided for in this rule, other
than a dismissal for lack of jurisdiction or for improper venue or for
lack of an indispensable party, operates as an adjudication on the
merits.
(c) Dismissal of Counterclaim. The provisions of this rule
apply to the dismissal of any counterclaim.
(d) Costs. Costs in any action dismissed under this rule
shall be assessed and judgment for costs entered in that action. If a
party who has once dismissed a claim in any court of this state
commences an action based on or including the same claim against
the same adverse party, the court shall make such order for the
payment of costs of the claim previously dismissed as it may deem
proper and shall stay the proceedings in the action until the party
seeking affirmative relief has complied with the order.
(e) Failure to Prosecute. All actions in which it affirmatively
appears that no action has been taken by filing of pleadings, order
of court, or otherwise for a period of 6 months shall be dismissed by
the court on its own motion or on motion of any interested person,
whether a party to the action or not, after 30 days’ notice to the
parties, unless a stipulation staying the action has been filed with
the court, or a stay order has been filed, or a party shows good
cause in writing at least 5 days before the hearing on the motion
why the action should remain pending.
Committee Notes
1978 Amendment. Former subdivision (e) provided for 1 year
rather than 6 months.
1984 Amendment. Subdivision (e) is changed to allow more
time for an attorney to inquire about the status of a claim. Many
actions are disposed of by a stipulation to pay, and it may take
longer than 10 days to determine the amount due, if any.
1996 Amendment. Subdivision (e) is amended to be
consistent with Fla. R. Civ. P. 1.420(e), which includes specific
language concerning a stipulation staying the action approved by
the court or a stay order as a condition when an action would not
automatically be up for dismissal based on lack of prosecution.
Court Commentary
1972 Amendment. Substantially the same as Florida Rule of
Civil Procedure 1.420.
RULE 7.130 cases. CONTINUANCES AND SETTLEMENTS
(a) Continuances. A continuance may be granted only upon
good cause shown. The motion for continuance may be oral unless
the court requires that it be written. The action shall be set again
for trial as soon as practicable and the parties shall be given timely
notice.
(b) Settlements. Settlements in full or by installment
payments made by the parties out of the presence of the court are
encouraged. The plaintiff shall notify the clerk of settlement, and
the case may be dismissed or continued pending payments. Upon
failure of a party to perform the terms of any stipulation or
agreement for settlement of the claim before judgment, the court
may enter appropriate judgment without notice upon the creditor’s
filing of an affidavit of the amount due.
Committee Notes
1984 Amendment. Subdivision (b) is altered to conform with
rule 7.210(c), which provides for an affidavit but no notice.
RULE 7.135 cases. SUMMARY DISPOSITION
At pretrial conference or at any subsequent hearing, if there is
no triable issue, the court shall summarily enter an appropriate
order or judgment.
RULE 7.140 cases. TRIAL
(a) Time. The trial date shall be set by the court at the
pretrial conference.
(b) Determination. Issues shall be settled and motions
determined summarily.
(c) Pretrial. The pretrial conference should narrow contested
factual issues. The case may proceed to trial with the consent of
both parties.
(d) Settlement. At any time before judgment, the judge shall
make an effort to assist the parties in settling the controversy by
conciliation or compromise.
(e) 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.
The court may not instruct any party not represented by an
attorney on accepted rules of law. The court shall not act as an
advocate for a party.
(f) 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. Communication technology may be used for the
presentation of testimony or other participation in the trial as
provided under Florida Rule of General Practice and Judicial
Administration 2.530. Any witness using the privilege of testimony
by communication technology must be treated for all purposes as a
live witness, and may not receive any relaxation of evidentiary rules
or other special allowance. A witness may not testify using
communication technology in order to avoid either the application
of Florida’s perjury laws or the rules of evidence.
Committee Notes
1984 Amendment. (a) Changed to conform this rule with the
requirement for pretrials.
(c) Allows the cases to proceed to trial with consent of the
parties.
(f) This is similar to the proposed amendment to the Florida
Rules of Civil Procedure to allow depositions by telephone. Since the
court has discretion to allow this testimony, all procedural
safeguards could be maintained by the court. Since the court is also
the trier of fact, the testimony could be rejected if unreliable.
1988 Amendment. Extends the taking of testimony over the
telephone to include parties, deletes the agreement of the parties
provision, and adds authorization for an attorney to represent a
party or witness over the telephone without being physically present
before the court.
1996 Amendment. The revised version of subdivision (e)
addresses the need to expressly provide that the judge, while able to
assist an unrepresented party, should not act as an advocate for
that party.
2011 Amendment. Subdivision (e)(3) was added so that a
judge can assist an unrepresented party in the handling of private
information that might otherwise inadvertently become public by
placement in the court file.
RULE 7.150 cases. JURY TRIALS
(a) Written Demand. Jury trials may be had upon written
demand of the plaintiff at the time of the commencement of the suit,
or by the defendant within 10 days after service of the
summons/notice to appear or at the pretrial conference, if any.
Otherwise, the jury trial shall be deemed waived.
(b) Juror Participation Through Audio-Video
Communication Technology. Prospective jurors may participate in
voir dire or empaneled jurors may participate in the jury trial
through audio-video communication technology, as described in
Florida Rule of General Practice and Judicial Administration
2.530(c), if stipulated by the parties in writing and authorized by
the court. The written stipulation and a written motion requesting
authorization must be filed with the court within 10 days after
service of a written demand under subdivision (a) or within such
other period as may be directed by the court.
Committee Notes
1984 Amendment. The purpose of the cost deposit formerly
required was to discourage frivolous demands for jury trials. The
committee feels that there should be no distinction between the
taxation of costs in a $300 claim and a $3,000 claim.
RULE 7.160 cases. FAILURE OF PLAINTIFF OR BOTH PARTIES TO
APPEAR
(a) Plaintiff. If plaintiff fails to appear on the initial
appearance date (pretrial conference), or fails to appear at trial, the
action may be dismissed for want of prosecution, defendant may
proceed to trial on the merits, or the action may be continued as the
judge may direct, subject to rule 7.090(b).
(b) Both Parties. If both parties fail to appear on the initial
appearance date (pretrial conference), the judge may continue the
action or dismiss it for want of prosecution at that time or later as
justice requires, subject to rule 7.090(b).
RULE 7.170 cases. DEFAULT; JUDGMENT
(a) Default. If the defendant does not appear at the
scheduled time, the plaintiff is entitled to a default to be entered by
either the judge or clerk.
(b) Final Judgment. After default is entered, the judge shall
receive evidence establishing the damages and enter judgment in
accordance with the evidence and the law. The judge may inquire
into and prevent abuses of venue prior to entering judgment.
Court Commentary
1972 Amendment. Evidence may be by testimony, affidavit,
or other competent means.
1980 Amendment. By the amendment to this rule, the judge
is permitted to ensure by any means which the judge deems
appropriate that venue is not being abused.
RULE 7.175 cases. COSTS AND ATTORNEYS’ FEES
Any party seeking a judgment taxing costs or attorneys’ fees,
or both, shall serve a motion no later than 30 days after filing of the
judgment, including a judgment of dismissal, or the service of a
notice of voluntary dismissal. In the event of a default judgment, no
further motions are needed if costs or attorneys’ fees, or both, were
sought in the statement of claim.
RULE 7.180 cases. MOTIONS FOR NEW TRIAL; TIME FOR;
CONTENTS
(a) Time. A motion for new trial shall be filed not later than
15 days after return of verdict in a jury action or the date of filing of
the judgment in a nonjury action. A timely motion may be amended
to state new grounds at any time before it is disposed of in the
discretion of the court.
(b) Determination. The motion shall set forth the basis with
particularity. Upon examination of the motion, the court may find it
without merit and deny it summarily, or may grant a hearing on it
with notice.
(c) Grounds. All orders granting a new trial shall specify the
specific grounds therefor. If such an order is appealed and does not
state the specific grounds, the appellate court shall relinquish its
jurisdiction to the trial court for entry of an order specifying the
grounds for granting the new trial.
Committee Notes
1972 Amendment. Subdivisions (a) and (c) are substantially
the same as Florida Rule of Civil Procedure 1.530(b) and (f).
1984 Amendment. This change will be in conformity with the
proposed amendment to Florida Rule of Civil Procedure 1.530.
RULE 7.190 cases. RELIEF FROM JUDGMENT OR ORDER;
CLERICAL MISTAKES
(a) Clerical Mistakes. Clerical mistakes in judgments,
orders, or other parts of the record and errors therein arising from
oversight or omission may be corrected by the court at any time on
its own initiative or on the motion of any party and after such
notice, if any, as the court orders. During the pendency of an
appeal, such mistakes may be so corrected before the record on
appeal is docketed in the appellate court, and thereafter while the
appeal is pending may be so corrected with leave of the appellate
court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and on such terms
as are just, the court may relieve a party or a party’s legal
representative from a final judgment, order, or proceeding for the
following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial or
rehearing;
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an adverse
party;
(4) the judgment is void; or
(5) the judgment has been satisfied, released, or
discharged or a prior judgment on which it is based has been
reversed or otherwise vacated or it is no longer equitable that the
judgment should have prospective application.
The motion shall be made within a reasonable time, and for the
reasons underlying subdivisions (b)(1), (b)(2), and (b)(3) not more
than 1 year after the judgment, order, or proceeding was entered or
taken. A motion under this subdivision does not affect the finality of
a judgment or suspend its operation.
RULE 7.200 cases. EXECUTIONS
Executions on judgments shall issue during the life of the
judgment on the oral request of the party entitled to it or that
party’s attorney without a formal written demand. No execution or
other final process shall issue until the judgment on which it is
based has been rendered or within the time for serving a motion for
new trial and, if a motion for new trial is timely served, until it is
determined; provided the court may order issuance of execution or
other final process at any time after judgment.
RULE 7.210 cases. STAY OF JUDGMENT AND EXECUTION
(a) Judgment or Execution or Levy Stayed. When
judgment is to be entered against a party, the judge may inquire
and permit inquiry about the earnings and financial status of the
party and has discretionary power to stay an entry of judgment or,
if entered, to stay execution or levy on such terms as are just and in
consideration of a stipulation on the part of the judgment debtor to
make such payments as will ensure a periodic reduction of the
judgment until it is satisfied.
(b) Stipulation. The judge shall note the terms of such
stipulation in the file; the stipulation may be set out in the
judgment or made a part of the judgment by reference to “the
stipulation made in open court.”
(c) Execution. When judgment is entered and execution
stayed pending payments, if the judgment debtor fails to pay the
installment payments, the judgment creditor may have execution
without further notice for the unpaid amount of the judgment upon
filing an affidavit of the amount due.
(d) Oral Stipulations. Oral stipulations may be made in the
presence of the court that upon failure of the judgment debtor to
comply with any agreement, judgment may be entered or execution
issued, or both, without further notice.
Committee Notes
1988 Amendment. Adds the staying of levy as an alternative
for the court when arranging payment. Provides lien rights priority
protection for judgment creditors.
RULE 7.220 cases. SUPPLEMENTARY PROCEEDINGS
Proceedings supplementary to execution may be had in
accordance with proceedings provided by law or by the Florida
Rules of Civil Procedure.
RULE 7.221 cases. HEARING IN AID OF EXECUTION
(a) Use of FORM 7.343 In any final judgment, the judge
shall include the Enforcement Paragraph of form 7.340 if requested
by the prevailing party or attorney. In addition to the forms of
discovery available to the judgment creditor under Florida Rule of
Civil Procedure 1.560, the judge, at the request of the judgment
creditor or the judgment creditor’s attorney, shall order a judgment
debtor to complete and serve form 7.343 within 45 days of the order
or other such reasonable time determined by the court. The
completed form must be served, with any copies, pursuant to
Florida Rule of General Practice and Judicial Administration 2.516.
If the judgment debtor fails to obey the order, Florida Rule of Civil
Procedure Form 1.982 may be used in conjunction with this
subdivision of this rule.
(b) Purpose of Hearing. The judge, at the request of the
judgment creditor, shall order a judgment debtor to appear at a
hearing in aid of execution at a time certain 45 or more days from
the date of entry of a judgment for the purpose of inquiring of the
judgment debtor under oath as to earnings, financial status, and
any assets available in excess of exemptions to be applied towards
satisfaction of judgment. The provisions of this subdivision of this
rule shall only apply to a judgment creditor who is a natural person
and was not represented by an attorney prior to judgment. Forms
7.342, 7.343, and 7.344 shall be used in connection with this
subdivision of this rule.
Committee Notes
1988 Amendment. Provides a procedure for postjudgment,
court-assisted discovery for natural person judgment creditors,
unrepresented by counsel prior to judgment.
1996 Amendment. The purpose of the change is to make
form 7.343 (Fact Information Sheet) available for use by both a
party and the party’s attorney, even though the hearing in aid of
execution is not available to the attorney. The rule will allow the
court to include the order as part of the final judgment or to issue
the order after the judgment. The court may adjust the time allowed
for the response to the Fact Information Sheet to fit the
circumstances.
RULE 7.230 cases. APPELLATE REVIEW
(a) Review. Review of orders and judgments of the courts
governed by these rules shall be prosecuted in accordance with the
Florida Rules of Appellate Procedure.
(b) Party Not Represented by an Attorney. A non-attorney
may not represent a business entity in appellate proceedings.
Committee Notes
1972 Amendment. Attention is directed to Florida Appellate
Rule 4.7, which authorizes the circuit court to modify or dispense
with any of the steps to be taken after filing of the notice of appeal.
RULE 7.300 cases. FORMS
The following forms of process are sufficient in all actions.
The following forms of statements of claim and other papers
are sufficient for the types of actions which they respectively cover.
They are intended for illustration only. They and like forms may be
used with such modifications as may be necessary to meet the facts
of each particular action so long as the substance thereof is
expressed without prolixity. The common counts are not sufficient.
The complaint forms appended to the Florida Rules of Civil
Procedure may be utilized if appropriate.
The following forms are approved:
FORM 7.310 CAPTION
(name of court)
A. B., )
)
Plaintiff, )
)
-vs- ) No.
)
C.D., )
)
Defendant. )
(designation of pleading)
FORM 7.315 DESIGNATION OF E-MAIL ADDRESS FOR PARTY
NOT REPRESENTED BY AN ATTORNEY
(CAPTION)
DESIGNATION OF E-MAIL ADDRESS FOR PARTY
NOT REPRESENTED BY AN ATTORNEY
Pursuant to Florida Rule of General Practice and Judicial Administration
2.516, I, .....(name)....., designate the below e-mail address(es) for electronic
service of all documents related to this case.
By completing this form, I am authorizing the court, clerk of court, and
all parties to send copies of notices, orders, judgments, motions, pleadings, or
other written communications to me by e-mail or through the Florida Courts E-
filing Portal.
I will file a written notice with the clerk of court if my current e-mail
address changes.
.....(designated e-mail address).....
.....(secondary designated e-mail address(es) (if any)).....
I certify that a copy hereof has been furnished to the clerk of court for
.......... County and .....(insert name(s) and address(es) of parties used for
service)..... by .....(e-mail) (hand delivery) (mail)..... on .....(date)......
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
Committee Note
2019 Adoption. After designating an e-mail address for use
for the duration of a case, the parties should check their spam and
junk e-mail folders for communications related to the case. A party
may sign up as a Self-Represented Litigant in the Florida Courts E-
filing Portal to file documents in a proceeding.
FORM 7.316 CHANGE OF ADDRESS
(CAPTION)
NOTICE OF CHANGE OF MAILING ADDRESS
OR DESIGNATED E-MAIL ADDRESS
I, certify that my .....(mailing address or
designated e-mail address)..... has changed to
.
I understand that I must keep the clerk’s office and any
opposing party notified of my current mailing address or e-mail
address. I will file a written notice with the clerk if my mailing
address or e-mail address changes again.
I certify that a copy hereof has been furnished to the clerk of
court for .......... County and .....(insert name(s) and address(es) of
parties used for service)..... by .....(e-mail) (hand delivery) (mail).....
on .....(date)......
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
FORM 7.322 SUMMONS/NOTICE TO APPEAR FOR PRETRIAL
CONFERENCE
(CAPTION)
STATE OF FLORIDA — NOTICE TO PLAINTIFF(S) AND DEFENDANT(S)
…..(Plaintiff’s Name(s) and Address(es))…..
…..(Defendant’s Names(s) and addresses(es))…..
YOU ARE HEREBY NOTIFIED that you are required to appear in person or by
attorney at the ..... in Courtroom #....., located at ...................., on
.....(date)....., at .....(time)….., for a PRETRIAL CONFERENCE before this court.
IMPORTANT — READ CAREFULLY THE CASE WILL NOT BE TRIED AT
THAT TIME. DO NOT BRING WITNESSES — APPEAR IN PERSON OR BY
ATTORNEY
The defendant(s) must appear in court on the date specified in order to
avoid a default judgment. The plaintiff(s) must appear to avoid having the case
dismissed for lack of prosecution. A written MOTION or ANSWER to the court
by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance
of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of
the pretrial conference CANNOT be rescheduled without good cause and prior
court approval.
Any business entity recognized under Florida law may be represented at
any stage of the trial court proceedings by any principal of the business entity
who has legal authority to bind the business entity or any employee authorized
in writing by a principal of the business entity. A principal is defined as being
an officer, member, managing member, or partner of the business entity.
Written authorization must be brought to the Pretrial Conference.
The purpose of the pretrial conference is to record your appearance, to
determine if you admit all or part of the claim, to enable the court to determine
the nature of the case, and to set the case for trial if the case cannot be
resolved at the pretrial conference. You or your attorney should be prepared to
confer with the court and to explain briefly the nature of your dispute, state
what efforts have been made to settle the dispute, exhibit any documents
necessary to prove the case, state the names and addresses of your witnesses,
stipulate to the facts that will require no proof and will expedite the trial, and
estimate how long it will take to try the case.
Mediation may take place at the pretrial conference. Whoever appears for
a party must have full authority to settle. Failure to have full authority to settle
at this pretrial conference may result in the imposition of costs and attorney
fees incurred by the opposing party.
If you admit the claim, but desire additional time to pay, you must come
and state the circumstances to the court. The court may or may not approve a
payment plan and withhold judgment or execution or levy.
RIGHT TO VENUE. The law gives the person or company who has
sued you the right to file in any one of several places as listed below.
However, if you have been sued in any place other than one of these
places, you, as the defendant(s), have the right to request that the case be
moved to a proper location or venue. A proper location or venue may be
one of the following: (1) where the contract was entered into; (2) if the
suit is on an unsecured promissory note, where the note is signed or
where the maker resides; (3) if the suit is to recover property or to
foreclose a lien, where the property is located; (4) where the event giving
rise to the suit occurred; (5) where any one or more of the defendants
sued reside; (6) any location agreed to in a contract; (7) in an action for
money due, if there is no agreement as to where suit may be filed, where
payment is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not sued in
one of these correct places, you must appear on your court date and orally
request a transfer, or you must file a WRITTEN request for transfer in affidavit
form (sworn to under oath) with the court 7 days prior to your first court date
and send a copy to the plaintiff(s) or plaintiff’s(s’) attorney, if any.
A copy of the statement of claim shall be served with this
summons/notice to appear.
Issued on .....(date)......
As Clerk of the County Court
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify applicable court
personnel by name, address, and telephone number] at least 7 days before
your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
Committee Note
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.540(c), the advisement regarding accommodations
shall be in bold face, 14-point font Times New Roman or Courier
font.
FORM 7.323 PRETRIAL CONFERENCE ORDER AND NOTICE
OF TRIAL
(CAPTION)
.....(Plaintiff’s Name).....
.....(Plaintiff’s Address).....
.....(Plaintiff’s Telephone Number).....
.....(Plaintiff’s E-mail Address (optional if pro se)).....
Represented by .....(self, agent, attorney [include agent or attorney’s name]).....
.....(Defendant’s Name).....
.....(Defendant’s Address).....
.....(Defendant’s Telephone Number).....
.....(Defendant’s E-mail Address (optional if pro se)).....
Represented by .....(self, agent, attorney [include agent or attorney’s name]).....
PRETRIAL CONFERENCE ORDER AND NOTICE OF TRIAL
1. DEFENDANT: ISSUES:
denies liability and damages Liability and damages
admits liability – denies damages Liability only
granted days to file a Damages only
counterclaim and/or third-party
complaint
2. WITNESSES (total)
Plaintiff Defendant Parties advised of availability
of subpoena power
______ Parties advised of probable need for an expert testimony from
. EXHIBITS, DOCUMENTS, AND TANGIBLE EVIDENCE
Parties are instructed that within days of this order they must furnish the
names and addresses of all witnesses they intend to call at trial and to permit
inspection, by appointment, or furnish copies of any exhibits, documents, or
tangible evidence that they intend to use at trial to the other party in this case.
Plaintiff Witnesses:
Description of Plaintiff’s exhibits, documents, tangible evidence to be used at
trial:
Defendant Witnesses:
Description of Defendant’s exhibits, documents, tangible evidence to be used at
trial:
4. DISCOVERY MAY BE HAD IN ACCORDANCE WITH SMALL CLAIMS
RULE 7.020 cases.
5. STIPULATION OR OTHER:
TRIAL DATE: .....(date)....., at .....(time)….., for ..... hour(s)
PLACE: …………… County Courthouse, ……………, Courtroom No. …..,
……………, FL
JUDGE: ……………, Telephone No.: ……….
ORDERED ON .....(date)......
Judge’s Signature
Judge’s printed name
IMPORTANT — TURN OVER AND READ TRIAL INSTRUCTIONS ON REVERSE
SIDE.
RECEIVED FOR:
For Plaintiff For Defendant
[The following instructions are to be placed on the reverse side of the order and
notice of trial.]
IMPORTANT — READ CAREFULLY!
YOU HAVE NOW ATTENDED A PRETRIAL CONFERENCE ON A SMALL
CLAIMS ACTION. THIS WILL BE THE ONLY NOTICE YOU WILL RECEIVE
CONCERNING YOUR TRIAL DATE AND WHAT YOU NEED TO DO TO
PREPARE FOR YOUR TRIAL. DO NOT LOSE THIS ORDER AND NOTICE OF
TRIAL. YOU ARE NOW SCHEDULED FOR A TRIAL AS LISTED ON THE
REVERSE SIDE OF THIS PAPER. MAKE SURE YOU ARE AWARE OF ALL OF
THE FOLLOWING:
1. NONJURY TRIAL — You are now scheduled for a nonjury trial before a
county court judge.
2. TRIAL DATE — Do not forget your trial date. Failure to come to court on
the given date at the right time may result in your losing the case and the other
party winning.
3. EXCHANGE OF DOCUMENTS AND INFORMATION — If the judge told
you to submit any documents or give any information to the other party (such
as a list of your witnesses’ names and addresses), DO IT. Failure to do this as
directed by the judge may cause court sanctions against you such as extra
court costs, contempt of court, or delays.
4. COUNTERCLAIMS — If you are the plaintiff and you have been given a
written notice that a counterclaim has been filed against you in this lawsuit,
this means that you are now being sued by the defendant. Also, if at the
pretrial conference the judge allowed the defendant a certain number of days to
file a counterclaim, the defendant must file that counterclaim within that
number of days from the date of this pretrial conference order. If the defendant
does that, the defendant has a claim now pending against you. If, at the time of
the trial, the counterclaim has been properly filed, there are 2 lawsuits being
considered by the judge at the same time: the plaintiff’s suit against the
defendant and the defendant’s suit against the plaintiff. In the event that both
claims are settled by the parties, both parties should notify the Clerk of the
County Court, Civil Division, , IN WRITING, of the
settlement. Only after both the plaintiff and the defendant have notified the
clerk in writing of the settlement is it not necessary for the parties to appear in
court. Settlement of one claim, either the plaintiff’s claim against the defendant
or the defendant’s claim against the plaintiff, has no effect as to the other
claim, and that remaining claim will proceed to trial on the trial date listed on
the pretrial conference order.
5. THIRD-PARTY COMPLAINTS — If you are the defendant and you believe
that the plaintiff may win the suit against you, but, if the plaintiff does,
someone else should pay you so you can pay the plaintiff, then you must file a
third-party complaint against that person and serve that person with notice of
your claim. Once served, that person must appear in court as you have to
answer your complaint against that person. This must be done prior to trial
within the time allowed you by the judge.
6. TRIAL PREPARATION — Bring all witnesses and all documents and all
other evidence you plan to use at the trial. There is only one trial! Have
everything ready and be on time. If the judge advised you at the pretrial
conference hearing that you needed something for the trial, such as an expert
witness (an automobile mechanic, an automobile body worker, a carpenter, a
painter, etc.) or a particular document (a note, a lease, receipts, statements,
etc.), make sure that you have that necessary person or evidence at the trial.
Written estimates of repairs are usually not acceptable as evidence in court
unless both parties agree that the written estimates are proper for the judge to
consider or unless the person who wrote the estimates is present to testify as
to how that person arrived at the amounts on the estimates and that those
amounts are reasonable in that particular line of business.
7. COURT REPORTER AND APPEALS — Your nonjury trial will not be
recorded. If you wish a record of the proceedings, a court reporter is necessary
and must be hired at your own expense. Appeals to a higher court because you
are not satisfied with the outcome of the trial are governed by special rules.
One of these rules requires that the appellate court have a complete record of
the trial to review for errors. If you do not have a court reporter at your trial,
your chances for success on appeal will be severely limited.
8. SETTLEMENT — If all parties agree on settlement of all claims before
trial, each party must notify the judge by telephone so that the allotted trial
time may be reassigned to someone else. Immediately thereafter, the parties
must, in writing, notify the clerk of the settlement, and the court will thereafter
dismiss the case. The mailing address is: Clerk of the County Court, Civil
Division, . ADDRESS CHANGES — All changes in mailing addresses must be
furnished in writing to the clerk and to the opposing party.
10. ADDITIONAL PROBLEMS — For anything you do not understand about
the above information and for any additional questions you may have
concerning the preparation of your case for trial, please contact the Clerk of the
County Court, Civil Division, in person or by telephone ( ) . The
clerk is not authorized to practice law and therefore cannot give you legal
advice on how to prove your case. However, the clerk can be of assistance to
you in questions of procedure. If you need legal advice, please contact an
attorney of your choice. If you know of none, call the County Bar
Association, Lawyer Referral Service, for assistance, ( ) .
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify applicable court
personnel by name, address, and telephone number] at least 7 days before
your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
Committee Note
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.540(c), the advisement regarding accommodations
shall be in bold face, 14-point font Times New Roman or Courier
font.
FORM 7.330 STATEMENT OF CLAIM (AUTO NEGLIGENCE)
(CAPTION)
STATEMENT OF CLAIM
The plaintiff, , sues the defendant, , and alleges: On
or about , in the vicinity of , on a public highway in
County, Florida, plaintiff’s motor vehicle, being operated by ,
collided with defendant’s motor vehicle, being operated by ; and the
collision with plaintiff’s vehicle was caused by the negligent and careless
operation of defendant’s vehicle, whereby plaintiff’s vehicle was damaged and
depreciated in value.
WHEREFORE, plaintiff demands judgment in the sum of $
.
FORM 7.331 STATEMENT OF CLAIM (FOR GOODS SOLD)
(CAPTION)
STATEMENT OF CLAIM
Plaintiff, , sues defendant, , and alleges: There is now
due, owing, and unpaid from defendant to plaintiff $ with interest
since .....(date)....., for the following goods sold and delivered by plaintiff to
defendant between .....(date)....., and .....(date).....:
(list goods and prices and any credits)
WHEREFORE, plaintiff demands judgment for damages against
defendant.
FORM 7.332 STATEMENT OF CLAIM (FOR WORK DONE AND
MATERIALS FURNISHED)
(CAPTION)
STATEMENT OF CLAIM
Plaintiff, , sues defendant, , and alleges: There is now
due, owing, and unpaid from defendant to plaintiff $ with interest
since .....(date)....., for the following items of labor and materials furnished to
defendant at his/her request between .....(date)....., and .....(date).....:
(list time and materials, showing charges therefor and any credits)
WHEREFORE, plaintiff demands judgment for damages against
defendant.
FORM 7.333 STATEMENT OF CLAIM (FOR MONEY LENT)
(CAPTION)
STATEMENT OF CLAIM
Plaintiff, , sues defendant, , and alleges: There is now
due, owing, and unpaid from defendant to plaintiff $ for money lent by
plaintiff to defendant on .....(date)....., with interest thereon since .....(date)......
WHEREFORE, plaintiff demands judgment for damages against
defendant.
FORM 7.334 STATEMENT OF CLAIM (PROMISSORY NOTE)
(CAPTION)
STATEMENT OF CLAIM
Plaintiff, , sues defendant, , and alleges:
1. This is an action for damages that do not exceed the jurisdictional
amount pursuant to Florida Small Claims Rule 7.010(b).
2. On .....(date)....., defendant executed and delivered to plaintiff a
promissory note, a copy being attached, in County, Florida.
3. Defendant failed to pay
(a) said note when due; or
(b) the installment payment due on said note on .....(date).....,
and plaintiff (has/has not) elected to accelerate payment of the balance.
4. There is now due, owing, and unpaid from defendant to plaintiff $
on said note with interest since .....(date)......
WHEREFORE, plaintiff demands judgment for damages against
defendant.
Committee Notes
1972 Amendment. Attach copy of note to each copy of the
statement of claim. Use 3(a) or (b) and 5 as applicable.
FORM 7.335 STATEMENT OF CLAIM (FOR RETURN OF
STOLEN PROPERTY FROM PAWNBROKER)
(CAPTION)
STATEMENT OF CLAIM FOR
RETURN OF PROPERTY FROM PAWNBROKER
Plaintiff, , sues defendant/pawnbroker,
, and alleges:
1. This is an action for the return of stolen or misappropriated
property pursuant to section 539.001, Florida Statutes.
2. Plaintiff is the owner of the following described property:
3. The above-described property was stolen or otherwise
misappropriated from plaintiff on or about the day of , 20 . A
copy of the law enforcement report outlining the theft/misappropriation is
attached hereto and incorporated into this statement of claim.
4. The above-described property is currently in the possession of
defendant and is located at a pawnshop as defined in section 539.001, Florida
Statutes, the address of which is . Plaintiff has complied with the procedural requirements of section
539.001, Florida Statutes. Specifically, plaintiff notified the pawnbroker of
plaintiff’s claim to the property:
_____ by certified mail, return receipt requested, OR
_____ in person evidenced by a signed receipt.
The notice contains a complete and accurate description of the
purchased or pledged goods and was accompanied by a legible copy of the
aforementioned police report regarding the theft or misappropriation of the
property. No resolution between plaintiff and defendant pawnbroker could be
reached within 10 days after the delivery of the notice.
WHEREFORE, the plaintiff demands judgment for the return of the
property. Plaintiff further asks this court to award plaintiff the costs of this
action, including reasonable attorneys’ fees.
Plaintiff (signature)
Name
Address
City, State, Zip code
Day telephone number
State of Florida
County of ____________________
The foregoing instrument was acknowledged before me on .....(date).....,
by , who is personally known to me or has produced
as identification and who did/did not take an oath.
WITNESS my hand and official seal, on .....(date)......
Notary Public
State of Florida
Note to Clerk of Court and to Sheriff: Pursuant to Section 539.001(15), filing
fees and service fees shall be waived. Waiver does not require the filing of an
affidavit of insolvency.
FORM 7.336 STATEMENT OF CLAIM FOR REPLEVIN (FOR
RETURN OF PERSONAL PROPERTY/WEAPON
FROM GOVERNMENT ENTITY)
(CAPTION)
STATEMENT OF CLAIMS FOR REPLEVIN
Plaintiff(s) sues Defendant(s) and alleges:
1. This is an action to recover possession of personal property.
2. The description of the property is
3. To Plaintiff’s best knowledge, information, and belief the value of
the property is $ and its location is
4. Plaintiff is the owner of the claimed property or is entitled to
possession of it by virtue of the following source of title, or right of possession:
(If interest is based on a written instrument a copy is attached.)
5. The property cannot be released by the defendant without a court
order, or the property is wrongfully detained by the defendant who obtained
possession by:
6. To Plaintiff’s best knowledge, information, and belief, defendant
detains property because:
7. The property has not been taken for any tax, assessment, or fine
pursuant to law, nor has it been taken under an execution or attachment
against plaintiff’s property, or if so taken, it is by law exempt from such taking
by the following reference to the exemption law relied upon:
8. Written demand for return of the property was provided to
Defendant and [if Defendant is not a municipality] also to the Department of
Financial Services at least 90 days prior to the filing of this Complaint. Section
768.28(6)(a), Florida Statutes. A copy of the demand is attached hereto.
9. The property is not contraband, was not the fruit of criminal
activity, and is not being held for some evidentiary purposes.
10. The property came into possession of Defendant on or about
…..(date)…..
11. Plaintiff has the legal right to possess the property and is not
subject to any legal prohibition against such possession.
Pursuant to section 92.525, Florida Statutes, under penalties of perjury,
I declare that I have read the foregoing Statement of Claim and the facts stated
in it are true.
Plaintiff
NOTE: This form is to be used by those seeking return of personal property
(including weapons) taken by a government entity for purposes other than for a
criminal investigation, as an incident to arrest, pursuant to a search warrant,
or any other seizure for which the Florida Statutes provide a specific procedure
for return. Rather, this form is for use by those who seek return of personal
property taken for other purposes, such as “safekeeping,” and for which the
Florida Statutes provide no procedures.
FORM 7.337 STATEMENT OF CLAIM (ACCOUNT STATED)
(CAPTION)
STATEMENT OF CLAIM
Plaintiff, , sues defendant, , and alleges:
1. This is an action for damages that do not exceed the jurisdictional
amount pursuant to Florida Small Claims Rule 7.010(b).
2. Before the institution of this action, plaintiff and defendant had
business transactions between them and on .....(date)....., they agreed to the
resulting balance.
3. Plaintiff rendered a statement of account to defendant, a copy
being attached, and defendant did not object to the statement.
4. Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., on the account.
WHEREFORE, plaintiff demands judgment for damages against
defendant.
Committee Note
2019 Adoption. Attach a copy of a single statement rendered
to the defendant. Farley v. Chase Bank, 37 So. 3d 936 (Fla. 4th
DCA 2010).
FORM 7.340 FINAL JUDGMENT
(CAPTION)
FINAL JUDGMENT AGAINST
(DEFENDANT(S)’S NAME)
It is adjudged that the plaintiff(s), , recover from the
defendant(s), , the sum of $ on principal, $
as prejudgment interest, $ for attorneys’ fees, with costs of $
, all of which shall bear interest at the rate of % per year as provided
for by Florida Statute, for all of which let execution issue.
ORDERED at , Florida, on .....(date)......
County Court Judge
Copies furnished to:
PLAINTIFF(S)
DEFENDANT(S)
Plaintiff(s)’s address:
Defendant(s)’s last known address and
last four digits of defendant(s)’s Social Security Number (if known):
(OPTIONAL ENFORCEMENT PARAGRAPH — TO
BE INCLUDED UPON REQUEST
PURSUANT TO RULE 7.221 cases)
It is further ordered and adjudged that the defendant(s) shall complete
Florida Small Claims Rules Form 7.343 (Fact Information Sheet) and return it
to the plaintiff’s attorney, or to the plaintiff if the plaintiff is not represented by
an attorney, within 45 days from the date of this final judgment, unless the
final judgment is satisfied or a motion for new trial or notice of appeal is filed.
The defendant should NOT file the completed form 7.343 with the court.
Jurisdiction of this case is retained to enter further orders that are
proper to compel the defendant(s) to complete form 7.343 and return it to the
plaintiff’s attorney, or the plaintiff if the plaintiff is not represented by an
attorney.
Committee Notes
1992 Amendment. The optional enforcement paragraph was
added to facilitate discovery.
FORM 7.341 EXECUTION
(CAPTION)
EXECUTION
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE HEREBY COMMANDED to levy on the goods and chattels,
lands, and tenements of in the sum of $ with legal
interest thereon from .....(date)....., until paid and that you have this writ before
the court when satisfied.
WITNESS my hand and the seal of the court on .....(date)......
(SEAL)
Clerk of the Court
FORM 7.342 EX PARTE MOTION AND ORDER FOR HEARING
IN AID OF EXECUTION
(CAPTION)
EX PARTE MOTION FOR HEARING
IN AID OF EXECUTION
The judgment creditor, , pursuant to Florida Small Claims
Rule 7.221, moves for an order requiring the judgment debtor(s),
, to appear at a hearing in aid of execution for the purpose of examining
the judgment debtor(s) regarding his/her/their ability to satisfy the final
judgment entered in this cause and requiring the judgment debtor(s) to
complete a FACT INFORMATION SHEET, in Florida Small Claims Rule 7.343,
and bring it to the hearing in aid of execution.
Judgment Creditor
ORDER FOR HEARING IN
AID OF EXECUTION
IT IS ORDERED AND ADJUDGED that the judgment debtor(s),
, Address: , shall:
1. appear before Judge on .....(date)....., at
…..(time)….., in Courtroom , located at: , ,
Florida, to be examined as to the judgment debtor(’s)(s’) ability to satisfy the
final judgment entered in this cause; and
2. bring to the hearing all documents and papers that relate to the
judgment debtor(’s)(s’) financial condition and the completed, notarized Fact
Information Sheet attached hereto.
Judgment debtor(’s)(s’) failure to comply with this order shall be grounds
for contempt.
ORDERED at , Florida, on .....(date)......
County Court Judge
FORM 7.343 FACT INFORMATION SHEET
(a) For Individuals
(CAPTION)
FACT INFORMATION SHEET — INDIVIDUAL
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address (if different):
Telephone Numbers: (Home) (Business)
Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $ per Average Paycheck: $ per
Average Commissions or Bonuses: $ per Commissions or
bonuses are based on
Other Personal Income: $ from
(Explain details on the back of this sheet or an additional sheet if necessary.)
Social Security Number: Birthdate:
Driver License Number: Issuing State:
Marital Status: Spouse’s Name:
Spouse’s Address (if different):
Spouse’s Social Security Number: Birthdate:
Spouse’s Employer:
Spouse’s Average Paycheck or Income: $ per
Other Family Income: $ per (Explain details on back of this
sheet or an additional sheet if necessary.)
Names and Ages of All Your Children (and addresses if not living with you):
Child Support or Alimony Paid: $ per
Names of Others You Live With:
Who is Head of Your Household? You Spouse
Other Person
Checking Account at: Account #
Savings Account at: Account #
(Describe all other accounts or investments you may have, including stocks,
mutual funds, savings bonds, or annuities, on the back of this sheet or an
additional sheet if necessary.)
For Real Estate (land) You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: $
(Attach a copy of the deed or mortgage, or list the legal description of the
property on the back of this sheet or an additional sheet if necessary. Also
provide the same information on any other property you own or are buying.)
For All Motor Vehicles You Own or Are Buying:
Year/Make/Model: Color:
Vehicle ID # (VIN): Tag No: Mileage:
Names on Title: Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $ (List all other automobiles, as well as
other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of
this sheet or an additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth
more than $100 to any person in the last year? If your answer is “yes,” describe
the property and sale price, and give the name and address of the person who
received the property.
Does anyone owe you money? Amount Owed: $
Name and Address of Person Owing Money:
Reason money is owed:
Please attach copies of the following:
1. Your last pay stub.
2. Your last 3 statements for each bank, savings, credit union, or
other financial account.
3. Your motor vehicle registrations and titles.
4. Any deeds or titles to any real or personal property you own or are
buying, or leases to property you are renting.
5. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor
STATE OF FLORIDA
COUNTY OF ....................
The foregoing instrument was acknowledged before me on .....(date).....,
by ...................., who is personally known to me or has produced ....................
as identification and who .....did/did not..... take an oath.
WITNESS my hand and official seal, on .....(date)......
Notary Public
State of Florida
My Commission expires: ....................
SERVE THE COMPLETED FORM AND ATTACH ANY COPIES, PURSUANT TO
FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION
2.516, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S
ATTORNEY. DO NOT FILE THIS FORM WITH THE COURT.
(b) For Corporate Entities
(CAPTION)
FACT INFORMATION SHEET — BUSINESS ENTITY
Name/Title of person filling out this form:
Address:
Telephone Number: Home: Business:
Address of Business Entity:
Type of Entity: (Check One) Corporation Partnership Limited
Partnership Sole Proprietorship Limited Liability Company (LLC)
Professional Association (PA) Other: (Please Explain)
Does Business Entity own/have interest in any other business entity? If so
please explain.
Gross/Taxable income reported for Federal Income Tax purposes last three
years:
$ $ $
Taxpayer Identification Number:
List Partners (General or Limited and Designate Percentage of Ownership):
Average No. of Employees/Month:
Names of Officers and Directors:
Checking Account at: Account No:
Savings Account At: Account No:
Does the Business Entity own any vehicles:
Years/Makes/Models:
Vehicle ID # (VIN):
Tag Nos.:
Loans Outstanding:
Does the Business Entity own any real property: YES NO
If Yes: Address:
Please check if the business entity owns the following:
Boat Mobile Home/RV
Stocks/Bonds Other Real Property
Other Personal Property Intangible Property
Please attach copies of the following:
1. All tax returns for the past 3 years, including but not limited to state and
federal income tax returns and tangible personal property tax returns.
2. All bank, savings and loan, and other account books or statements for
accounts in institutions in which the defendant had any legal or equitable
interest for the past 3 years.
3. All canceled checks for the 12 months immediately preceding the date of
this judgment for accounts in which the defendant held any legal or equitable
interest.
4. All deeds, leases, mortgages, or other written instruments evidencing any
interest in or ownership of real property at any time within the 12 months
immediately preceding the date of this judgment.
5. Bills of sale or other written evidence of the gift, sale, purchase, or other
transfer of any personal or real property to or from the defendant within the 12
months immediately preceding the date of filing this lawsuit. Any transfer of
property within the last year other than ordinary course of business
transactions.
6. Motor vehicle documents, including titles and registrations relating to
any motor vehicles owned by the defendant alone or with others.
7. Financial statements and any other business records, including but not
limited to accounts payable and accounts receivable ledgers, as to the
defendant’s assets and liabilities prepared within the 12 months immediately
preceding the date of this judgment.
8. Copies of articles, by-laws, partnership agreement, operating agreement,
and any other governing documents, and minutes of all meetings of the
defendant’s shareholders, board of directors, or members held within 2 years of
the date of this judgment.
9. Resolutions of the shareholders, board of directors, or members passed
within 2 years of the date of this judgment.
10. A list or schedule of all inventory and equipment.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Defendant’s Designated
Representative
Title:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on .....(date).....,
by , as the defendant’s duly authorized representative, who is
personally known to me or has produced as identification and
who did/did not take an oath.
WITNESS my hand and official seal, on .....(date)......
Notary Public
State of Florida
My Commission expires:
SERVE THE COMPLETED FORM AND ATTACH ANY COPIES, PURSUANT TO
FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION
2.516, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S
ATTORNEY. DO NOT FILE THIS FORM WITH THE COURT.
FORM 7.344 ORDER TO SHOW CAUSE
(CAPTION)
ORDER TO SHOW CAUSE
IN THE NAME OF THE STATE OF FLORIDA:
TO:
YOU ARE HEREBY COMMANDED TO APPEAR before this court on
.....(date)....., at m., in Courtroom at the County
Courthouse, Address: , , Florida, to show cause, if
any, why you should not be adjudged in contempt of court for your failure to
appear in court on .....(date)....., at m., as required by the court’s order issued
on .....(date)....., for a hearing in aid of execution.
ORDERED at , Florida, on .....(date)......
County Court Judge
FORM 7.345 STIPULATION FOR INSTALLMENT SETTLEMENT,
ORDER APPROVING STIPULATION, AND
DISMISSAL
(CAPTION)
STIPULATION FOR INSTALLMENT SETTLEMENT, ORDER
APPROVING STIPULATION, AND DISMISSAL
Plaintiff and defendant(s), by the signatures below, stipulate that
defendant(s) is/are indebted to plaintiff in the sum of $ ………., plus court
costs of $ ………., interest of $ ………., and attorneys’ fees of $ ………. for a
total of $ ………. , which defendant(s) agree(s) to pay in installments of $
………., the first of such payments to be due on .....(date)....., and continuing
each ………. until paid in full. If the total sum is paid timely and in full,
plaintiff agrees that no judgment shall be entered against the defendant(s), and
that additional costs, interest, and attorneys’ fees, if any, shall be waived. If the
defendant(s) shall default in payment hereunder, plaintiff shall be entitled to
judgment, execution, costs, interest at the rate provided by law, and attorneys’
fees, after written application to the court, without notice. Defendant(s)
acknowledge(s) delivery of a true copy hereof at …………………, ……………
County, Florida. ALL PAYMENTS ARE TO BE MADE PAYABLE TO: ……………,
and mailed or delivered to: ……………
TIME IS OF THE ESSENCE IN THIS AGREEMENT.
Plaintiff/Attorney for Plaintiff Defendant (signature)
Telephone:
BY: Address
Telephone:
Defendant/Attorney for Defendant(s) Defendant (signature)
Telephone: .......................................................
.......................................................
BY: .................................................. Address
Telephone: ......................................
ORDER DISMISSING CASE AND APPROVING STIPULATION
On the foregoing stipulation signed, delivered, and confirmed at
County, Florida, the case is dismissed. This court retains jurisdiction to
enforce the terms of this stipulation, including to enter a final judgment.
ORDERED at , Florida, on .....(date)......
County Court Judge
Conformed copies furnished by hand delivery to:
Plaintiff/Attorney for Plaintiff
Defendant(s)/Attorneys for Defendant(s)
Committee Notes
1992 Adoption. Many parties and attorneys litigate in various
jurisdictions in the state, and the committee felt that a standard
form for settlement would be much more convenient for the litigants
and the court system.
1996 Amendment. This form has been modified to reflect
recent changes in the statutory rate of interest calculated on final
judgment amounts.
FORM 7.347 SATISFACTION OF JUDGMENT
SATISFACTION OF JUDGMENT
The undersigned, the owner and holder of that certain final judgment
rendered in the above-captioned civil action, dated , recorded in
County, Official Records Book beginning at Page
does hereby acknowledge that all sums due under it have been fully paid and
that final judgment is hereby satisfied and is canceled and satisfied of record.
DATED on .
Judgment Owner and Holder (or
their attorney)
Committee Notes
2007 Amendment. This satisfaction of judgment is a general
form. It is a new form. To ensure identity of the signer, notarization
is prudent but not required. If a certified copy of the judgment is
recorded, it may be prudent to include that recording information.
2008 Note. This form is suggested for use by parties. To avoid
possible confusion, when disbursing funds from the court registry
in satisfaction of a judgment, the clerk of the court should instead
use the form required by the 2005 amendment to section 55.141,
Florida Statutes.
FORM 7.350 AUTHORIZATION TO ALLOW EMPLOYEE TO
REPRESENT BUSINESS ENTITY AT ANY STAGE
OF LAWSUIT
(CAPTION)
AUTHORIZATION OF PRINCIPAL
.....(name)..... is an employee of .....(name of business entity under
Florida law that is a party to this action)...... This individual has authority to
represent the business entity at any stage of the trial court proceedings,
including mediation.
The undersigned giving the authority is a principal of the business entity.
Pursuant to section 92.525, Florida Statutes, under penalties of perjury,
I declare that I have read the foregoing Authorization and that the facts stated
in it are true.
Dated:
SIGNING AUTHORITY:
Print name and title:
Address:
Phone number:
I certify that a copy of this form has been furnished to [list all parties to
this action] by .....(hand delivery/mail/fax)..... on .....(date)......
Name and title:
FORM 7.351 FORMAT FOR DEFENDANT’S MOTION
(CAPTION)
DEFENDANT’S MOTION TO
Defendant, , files this motion to , and
as grounds therefore, states as follows:
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to .....(here insert name or
names and addresses used for service)..... by .....(e-mail) (delivery) (U.S.
mail)..... on .....(date)......
.....(name of party).....
.....(address, e-mail address (if
designated), and phone number).....
[If a party is represented by an
attorney]
.....(attorney’s name)......
.....(attorney’s address, e-mail
address, and phone number).....
Florida Bar No. ....................
Committee Note
2019 Amendment. The Committee adopted this form to assist
a defendant in submitting his or her request to the court in the
proper format. This form may be adapted for use by the plaintiff.
FORM 7.352 DEFENDANT’S MOTION TO CONTINUE
(CAPTION)
DEFENDANT’S MOTION TO CONTINUE
Defendant, , files this motion to continue the hearing
currently scheduled for __________________, 20__ at .....(time)....., and as
grounds therefore, states as follows:
There is currently scheduled before the Court a hearing that I am unable
to attend for the following reason(s) and request that the Court reschedule the
hearing.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to .....(here insert name or
names and addresses used for service)..... by .....(e-mail) (delivery) (U.S.
mail)..... on .....(date)......
.....(name of party).....
.....(address, e-mail address (if
designated), and phone number).....
[If a party is represented by an
attorney]
.....(attorney’s name)......
.....(attorney’s address, e-mail
address, and phone number).....
Florida Bar No. ....................
Committee Note
2019 Amendment. The Committee adopted this form to assist
a defendant in submitting his or her request to the court in the
proper format. This form may be adapted for use by the plaintiff.
FORM 7.353 DEFENDANT’S MOTION TO INVOKE THE RULES
OF CIVIL PROCEDURE
(CAPTION)
DEFENDANT’S MOTION TO INVOKE RULES OF CIVIL PROCEDURE
Defendant, , pursuant to Florida Small Claims Rule
7.020(c), files this Motion to Invoke Rules of Civil Procedure, and requests that
the Court invoke the following Rules of Civil Procedure:
all Rules of Civil Procedure
the following Rules of Civil Procedure:
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to .....(here insert name or
names and addresses used for service)..... by .....(e-mail) (delivery) (U.S.
mail)..... on .....(date)......
.....(name of party).....
.....(address, e-mail address (if
designated), and phone number).....
[If a party is represented by an
attorney]
.....(attorney’s name)......
.....(attorney’s address, e-mail
address, and phone number).....
Florida Bar No. ....................
Committee Note
2019 Amendment. The Committee adopted this form to assist
a defendant in submitting his or her request to the court in the
proper format. This form may be adapted for use by the plaintiff.