Small Claims Rules Committee three-year cycle amendments
Small Claims Rules Committee three-year cycle amendments
The Small Claims Rules Committee invites comment on proposed three-year cycle amendments to the Florida Small Claims Rules shown below. The full text of the proposals can be found on The Florida Bar’s website at
www.FloridaBar.org
. Interested persons have until August 1, 2015, to submit comments
electronically
to Andrew J. Daire, Chair, at [email protected], and to the Bar staff liaison, Josine Blackwell, at [email protected].
RULE/FORM |
VOTE |
EXPLANATION |
7.080 |
20:0:1 |
The proposed amendments to this rule reflect the Committee’s review of Florida’s e-filing and e-service rules and procedures as it relates to the participation of pro se parties. The proposed amendment to subdivision (b) creates two new subdivisions (1) and (2) to address parties represented by an attorney and parties not represented by an attorney. Also, the amendment to subdivisions (b)(2) and (d) proposes adding specific reference to rules 2.516(b) and 2.525 of the Florida Rules of Judicial Administration. Finally, the proposed amendment to subdivision (e) is created to be consistent with the proposed amended language in subdivison (b). |
7.090 |
17:6:0 |
Subdivision (a) was amended for consistency, to reflect the proposed amendment to subdivision (b). Subdivision (b) was amended to address a situation in which a court would dismiss a case due to the failure of a plaintiff to appear at a pretrial conference, even when return of service is filed with the court showing non-service of the defendant. The amendment to subdivision (b) seeks to alleviate this issue by creating an exception when a return of non-service is filed at least 5 days prior to a pretrial conference, in order to require the cancelation of the pretrial conference as to any non-served party only. In that circumstance, the plaintiff is provided with the opportunity to request a new summons/notice to appear, along with a new initial appearance date for a pretrial conference. |
7.160 |
25:1:0 |
Proposed amendments to subdivisions (a) and (b) are in response to the Committee’s proposed amendment of rule 7.090(b). |
