Rule 7.050 - 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 nonattorney 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.Amended by 2021 WL 5050374, effective 10/28/2021.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.