Fl. Sm. Clm. R. form 7.323
(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 counterclaim and/or third-party complaint | _______ Damages only |
2. WITNESSES (total) ______Plaintiff ________Defendant ______Parties advised of availability of subpoena power ______Parties advised of probable need for an expert testimony from ____
________________________________________________________
3. 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.
5. STIPULATION OR OTHER:
TRIAL DATE: (date), at (time)..., for hour(s)
PLACE: ..... County Courthouse, ....., Courtroom No. ..., ....., FL
JUDGE: ....., Telephone No.: ....
ORDERED ON .....(date)......
_______________
Judge's Signature
_______________
Judge's printed name
IMPORTANT - TURN OVER AND READ TRIAL INSTRUCTIONS ON REVERSE SIDE.
RECEIVED FOR: _____________ For Plaintiff _____________ For Defendant
[The following instructions are to be placed on the reverse side of the order and notice of trial.]
IMPORTANT - READ CAREFULLY!
YOU HAVE NOW ATTENDED A PRETRIAL CONFERENCE ON A SMALL CLAIMS ACTION. THIS WILL BE THE ONLY NOTICE YOU WILL RECEIVE CONCERNING YOUR TRIAL DATE AND WHAT YOU NEED TO DO TO PREPARE FOR YOUR TRIAL. DO NOT LOSE THIS ORDER AND NOTICE OF TRIAL. YOU ARE NOW SCHEDULED FOR A TRIAL AS LISTED ON THE REVERSE SIDE OF THIS PAPER. MAKE SURE YOU ARE AWARE OF ALL OF THE FOLLOWING:
1. NONJURY TRIAL - You are now scheduled for a nonjury trial before a county court judge.
2. TRIAL DATE - Do not forget your trial date. Failure to come to court on the given date at the right time may result in your losing the case and the other party winning.
3. EXCHANGE OF DOCUMENTS AND INFORMATION - If the judge told you to submit any documents or give any information to the other party (such as a list of your witnesses' names and addresses), DO IT. Failure to do this as directed by the judge may cause court sanctions against you such as extra court costs, contempt of court, or delays.
4. COUNTERCLAIMS - If you are the plaintiff and you have been given a written notice that a counterclaim has been filed against you in this lawsuit, this means that you are now being sued by the defendant. Also, if at the pretrial conference the judge allowed the defendant a certain number of days to file a counterclaim, the defendant must file that counterclaim within that number of days from the date of this pretrial conference order. If the defendant does that, the defendant has a claim now pending against you. If, at the time of the trial, the counterclaim has been properly filed, there are 2 lawsuits being considered by the judge at the same time: the plaintiff's suit against the defendant and the defendant's suit against the plaintiff. In the event that both claims are settled by the parties, both parties should notify the Clerk of the County Court, Civil Division, ______, IN WRITING, of the settlement. Only after both the plaintiff and the defendant have notified the clerk in writing of the settlement is it not necessary for the parties to appear in court. Settlement of one claim, either the plaintiff's claim against the defendant or the defendant's claim against the plaintiff, has no effect as to the other claim, and that remaining claim will proceed to trial on the trial date listed on the pretrial conference order.
5. THIRD-PARTY COMPLAINTS - If you are the defendant and you believe that the plaintiff may win the suit against you, but, if the plaintiff does, someone else should pay you so you can pay the plaintiff, then you must file a third-party complaint against that person and serve that person with notice of your claim. Once served, that person must appear in court as you have to answer your complaint against that person. This must be done prior to trial within the time allowed you by the judge.
6. TRIAL PREPARATION - Bring all witnesses and all documents and all other evidence you plan to use at the trial. There is only one trial! Have everything ready and be on time. If the judge advised you at the pretrial conference hearing that you needed something for the trial, such as an expert witness (an automobile mechanic, an automobile body worker, a carpenter, a painter, etc.) or a particular document (a note, a lease, receipts, statements, etc.), make sure that you have that necessary person or evidence at the trial. Written estimates of repairs are usually not acceptable as evidence in court unless both parties agree that the written estimates are proper for the judge to consider or unless the person who wrote the estimates is present to testify as to how that person arrived at the amounts on the estimates and that those amounts are reasonable in that particular line of business.
7. COURT REPORTER AND APPEALS - Your nonjury trial will not be recorded. If you wish a record of the proceedings, a court reporter is necessary and must be hired at your own expense. Appeals to a higher court because you are not satisfied with the outcome of the trial are governed by special rules. One of these rules requires that the appellate court have a complete record of the trial to review for errors. If you do not have a court reporter at your trial, your chances for success on appeal will be severely limited.
8. SETTLEMENT - If all parties agree on settlement of all claims before trial, each party must notify the judge by telephone so that the allotted trial time may be reassigned to someone else. Immediately thereafter, the parties must, in writing, notify the clerk of the settlement, and the court will thereafter dismiss the case. The mailing address is: Clerk of the County Court, Civil Division, ________.
9. ADDRESS CHANGES - All changes in mailing addresses must be furnished in writing to the clerk and to the opposing party.
10. ADDITIONAL PROBLEMS - For anything you do not understand about the above information and for any additional questions you may have concerning the preparation of your case for trial, please contact the Clerk of the County Court, Civil Division, in person or by telephone (_) _______. The clerk is not authorized to practice law and therefore cannot give you legal advice on how to prove your case. However, the clerk can be of assistance to you in questions of procedure. If you need legal advice, please contact an attorney of your choice. If you know of none, call the _____ County Bar Association, Lawyer Referral Service, for assistance, (_) _________.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Fl. Sm. Clm. R. form 7.323
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.