Form 7.353 — Defendant’s Motion to Invoke the Rules of Civil Procedure

(CAPTION)

DEFENDANT’S MOTION TO INVOKE RULES OF CIVIL PROCEDURE

Defendant, __________________, pursuant to Florida Small Claims Rule 7.020(c), files this Motion to Invoke Rules of Civil Procedure, and requests that the Court invoke the following Rules of Civil Procedure:

( ) all Rules of Civil Procedure
( ) the following Rules of Civil Procedure: _________________________
__________________________________________________________________
__________________________________________________________________

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to .....(here insert name or names and addresses used for service)..... by .....(e-mail) (delivery) (U.S. mail)..... on .....(date)......

                                    _________________________
                                    .....(name of party).....
                                    .....(address, e-mail address (if
                                    designated), and phone number).....

                                    [If a party is represented by an
                                    attorney]

                                    _________________________
                                    .....(attorney’s name)......
                                    .....(attorney’s address, e-mail
                                    address, and phone number).....
                                    Florida Bar No. ....................

This is an official court form that a defendant uses to formally ask the judge to apply the more complex and comprehensive Florida Rules of Civil Procedure to their small claims case. The defendant can ask to apply all of the rules or only specific ones. A judge may grant this motion if they believe the complexity of the case requires more formal procedures than the simplified Small Claims Rules provide.