(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.
When Other Rules Apply: Small Claims has its own set of simple rules, but this rule explains that certain parts of the more complex Florida Rules of Civil Procedure also apply.
(a) General Rules That Always Apply: A few specific Rules of Civil Procedure concerning things like calculating time, substituting parties, subpoenas, and discovery in aid of execution are always applicable in small claims cases.
(b) Discovery Rules (A Key Protection for Pro Se Litigants): Discovery is the formal process of exchanging information (e.g., depositions, written questions). In small claims, it works like this:
- If you have a lawyer, the other side can use the full range of discovery tools on you automatically.
- If you do NOT have a lawyer, the other side (if they have a lawyer) CANNOT force you into discovery unless you start the discovery process first, or the judge specifically orders it. This protects people representing themselves from being overwhelmed by complex and expensive discovery procedures.
(c) Adding More Rules: A judge can always decide to apply any other Rule of Civil Procedure to a case if they think it's necessary for fairness, either because a party asks or on their own initiative.
