Florida Small Claims Discovery Rules

[puppetjr]

In Florida, could you explain the procedure to ask for "discovery" in small claims court, if both parties are not represented by attorneys? Would you request it at the Pre trial mediation hearing or can you file a motion to ask for Discovery before then? Are the names of witnesses, documents, and evidence to be used at trial to be given to the opposing party? thanks

[Mr. Knowitall]

See the court rules on the State Bar website.

(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 proceeding without 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 unrepresented 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.

[KeyWestDan]

There are no mediation hearings in small claims. What gives you that idea?

Besides, the mediation hearing officer charge in Florida is $1,200 and each party usually pays half of that.

Also, small claims is for money claims, things like evictions and there isn't usually any need for discovery. Florida small claims courts are very limited in their subject matter jurisdiction. Anything that would usually require discovery is not likely to be in small claims. You'd have to file in county court.