Rule 7.140 — Trial

Original Text Simplified Text

(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. Communication technology may be used for the presentation of testimony or other participation in the trial as provided under Florida Rule of General Practice and Judicial Administration 2.530. Any witness using the privilege of testimony by communication technology must be treated for all purposes as a live witness, and may not receive any relaxation of evidentiary rules or other special allowance. A witness may not testify using communication technology in order to avoid either the application of Florida’s perjury laws or the rules of evidence.

How a Small Claims Trial Works: This rule explains the key features of a trial in small claims court, which is designed to be less formal than other court proceedings.

Key Aspects of the Trial:

Setting the Date: Your trial date will be officially set during the pretrial conference.
Informal but Orderly: The trial may be conducted informally, but you must still maintain proper courtroom decorum and respect for the judge and the process.
Rules of Evidence: The standard rules of evidence apply, but judges are encouraged to apply them liberally to ensure justice is served.
Settlement: The judge is required to make an effort to help the parties settle the case at any point before a final judgment is entered.

Special Assistance for Pro Se Litigants: The rule specifically requires the judge to assist anyone who is not represented by an attorney. This help includes guidance on courtroom behavior, the correct order for presenting evidence, and how to handle private information. However, the judge cannot give you legal advice or act as your advocate.

Rule 7.140 — Trial

FloridaRule.com