State of Florida. Please assist with the understanding to the following, thank you.
I cannot find under the Florida Small Claims Court Rules or Florida Civil Procedure Rules regarding the following:
1. How many days should there be between being served personally and the date for pre-trial hearing; meaning should it be at least 5, 7, or 20 days?
2. Is it “legal” or “sufficient” if a person is served the day before the pre-trial hearing?
When computing the time, do you count weekends and holidays?
Second concern, Small Claims Court Rule
Question: What does Committee Note, 1988 Amendment, 2nd Sentence mean by “…the time standards guideline for small claims cases is 95 days” when read with Subparagraph (b) “…50 days…” Is 95 days somewhat a deadline to set a pretrial conference or hear and dispose of case?RULE 7.090. APPEARANCE; DEFENSIVE PLEADINGS; TRIAL DATE
(b) Notice to Appear; Pretrial Conference. The summons/notice to appear shall specify that the initial
appearance shall be for a pretrial conference. The initial pretrial conference shall be set by the clerk not more than 50 days from the date of the filing of the action. At the pretrial conference, all of the following matters shall be considered:
1972 Amendment. Rule 7.120 is incorporated in subdivision (c). It is slightly expanded to provide for a computation period from service by mail and to give the parties the right to stipulate to a shorter time for the trial.
1984 Amendment. This change requires the use of a pretrial procedure and requires both parties to attend the pretrial conference which can be used to resolve pretrial motions. The use of a pretrial previously varied from county to county.
1988 Amendment. (b) 1st sentence — Chair’s clarification.
2nd sentence — Require the clerk to set the initial pretrial conference within a reasonable time after filing of the action taking into
consideration the fact that the time standards guideline for small claims cases is 95 days.