Florida Small Claims Rule 7.322
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.
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.