Menu
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)....................................................... 39
FORM 7.336. STATEMENT OF CLAIM FOR REPLEVIN (FOR RETURN OF
PERSONAL PROPERTY/WEAPON FROM GOVERNMENT ENTITY)........ 41
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
Effective 2-1-73: 270 So.2d 729. Complete revision.
Effective 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).
Effective 1-1-79: 372 So.2d 449. Amended 7.050(a)(2); deleted 7.030.
Effective 1-1-81: 385 So.2d 1367. Amended 7.060, 7.170.
Effective 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.
Effective 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.
Effective 1-1-93: 601 So.2d 1201. Four-year-cycle revision. Substantively amended
7.070, 7.340; added 7.345.
Effective 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.
Effective 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).
Effective 1-1-04: 849 So.2d 293. Two-year-cycle revision. Amended 7.050(a)(2),
7.090(b), FORM 7.322
Effective 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.
Effective 1-1-08: 959 So.2d 1169. Three-year-cycle revision. Added
FORM 7.347
Effective 4-17- 980 So.2d 1054. Added committee note to
FORM 7.347
08:
Effective 10-01- 985 So.2d 1033. Amended 7.090(f) and
FORM 7.322
08:
Effective 01-01- 44 So.3d 573. Three-year cycle revision. Amended 7.050, 7.335,
11: 7.342, 7.343.
Effective 07-01- 64 So.3d 1196. Amended 7.090(b).
11:
Effective 10-01- 80 So.3d 317. Amended 7.140, and forms 7.340, 7.343.
11:
Effective 12-15- 78 So.3d 1303. Amended 7.040.
11:
Effective 9-1-12: 102 So.3d 505. Amended 7.050, 7.080.
Effective 4-1-13: 102 So.3d 451. Amended 7.080.
Effective 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.
Effective 1-1-17: 200 So.3d 746. Three-year-cycle revision. Amended 7.050, 7.080,
7.090, 7.160.
Effective 1-1-20: 283 So.3d 802. Amended 7.010.
Effective Date Citation Rules Amended or Adopted
Effective 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.
Effective 4-8-21: 318 So.3d 1240. Amended 7.221 and 7.343.
Effective 10-28- 2021 WL Amended 7.050, 7.080, 7,315, 7.322, 7.323.
21: 5050374.
NOTE TO USERS: Rules reflect all changes through 2021 WL 5050374.
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 shall appear personally
or by counsel, subject to subdivision (b).
(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 in person. Mediation
may take place at the pretrial conference. Whoever appears for a party must
have full authority to settle. 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 shall be written in the form of a stipulation. The stipulation may be
entered as an order of the court.
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 shall 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 shall appear personally or by
counsel. 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. At the discretion of the
court, testimony of any party or witness may be presented over the telephone.
Additionally, at the discretion of the court an attorney may represent a party or
witness over the telephone without being physically present before the court.
Any witness utilizing the privilege of testimony by telephone as permitted in
this rule shall be treated for all purposes as a live witness, and shall not receive
any relaxation of evidentiary rules or other special allowance. A witness may
not testify over the telephone 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
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.
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 ADMINNISTRATION
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.