Florida Small Claims Rule 7.020
RULE 7.020.
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, .
9. 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.
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, .
9. 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.