Florida Small Claims Rule 7.140
RULE 7.140. TRIAL
(a) Time. The trial date shall be set by the court at the pretrial
conference.
(b) Determination. Issues shall be settled and motions determined
summarily.
(c) Pretrial. The pretrial conference should narrow contested factual
issues. The case may proceed to trial with the consent of both parties.
(d) Settlement. At any time before judgment, the judge shall make an
effort to assist the parties in settling the controversy by conciliation or
compromise.
(e) Unrepresented Parties. In an effort to further the proceedings and
in the interest of securing substantial justice, the court shall assist any party
not represented by an attorney on:
(1) courtroom decorum;
(2) order of presentation of material evidence; and
(3) handling private information.
The court may not instruct any party not represented by an attorney on
accepted rules of law. The court shall not act as an advocate for a party.
(f) How Conducted. The trial may be conducted informally but with
decorum befitting a court of justice. The rules of evidence applicable to trial of
civil actions apply but are to be liberally construed. 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.
(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.