Form 7.323 — Pretrial Conference Order and Notice of Trial

(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       ____ Damages only
   counterclaim and/or third-party
   complaint

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 awritten 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 thepretrial conference the judge allowed the defendant a certain number of days to file a counterclaim, the defendant must file that counterclaim within thatnumber of days from the date of this pretrial conference order. If the defendantdoes that, the defendant has a claim now pending against you. If, at the time ofthe trial, the counterclaim has been properly filed, there are 2 lawsuits beingconsidered by the judge at the same time: the plaintiff’s suit against thedefendant and the defendant’s suit against the plaintiff. In the event that bothclaims are settled by the parties, both parties should notify the Clerk of theCounty Court, Civil Division, ___________, IN WRITING, of thesettlement. Only after both the plaintiff and the defendant have notified theclerk in writing of the settlement is it not necessary for the parties to appear incourt. Settlement of one claim, either the plaintiff’s claim against the defendantor the defendant’s claim against the plaintiff, has no effect as to the otherclaim, and that remaining claim will proceed to trial on the trial date listed onthe 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 allother evidence you plan to use at the trial. There is only one trial! Haveeverything ready and be on time. If the judge advised you at the pretrialconference hearing that you needed something for the trial, such as an expertwitness (an automobile mechanic, an automobile body worker, a carpenter, apainter, 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 courtunless both parties agree that the written estimates are proper for the judge toconsider or unless the person who wrote the estimates is present to testify asto how that person arrived at the amounts on the estimates and that thoseamounts 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 ofthe 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 aboutthe above information and for any additional questions you may haveconcerning the preparation of your case for trial, please contact the Clerk of theCounty Court, Civil Division, in person or by telephone ( ) _________. Theclerk is not authorized to practice law and therefore cannot give you legaladvice on how to prove your case. However, the clerk can be of assistance toyou in questions of procedure. If you need legal advice, please contact anattorney of your choice. If you know of none, call the _____ County BarAssociation, 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.