Florida Small Claims Rule 7.140
RULE 7.140. 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.
(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.