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I want to sue someone. How do I proceed?
See Q2. Additionally, there are forms available at most courthouses that you can fill out to file a Small Claims Court action. For all other cases, it is suggested you consider hiring an attorney to represent you. The Rules of Civil Procedure in Florida are very complicated and the Courts do not usually give lenience to people representing themselves outside Small Claims Court.
I have been served with a lawsuit, what should I do?
If you are served with a lawsuit, you must file a response with the Court within twenty (20) days of the date you are served with the lawsuit, except in some foreclosure proceedings that allow thirty (30) days and some evictions that only allow 5 days. The amount of days you have to respond is specified on a sheet of paper attached to the lawsuit called a Summons.
What are the different types of Courts?
State matters of a dollar value not exceeding $5,000.00 are heard in Small Claims Court. Cases valued between $5,001.00 and $15,000.00 are heard in County Court. Cases valued in excess of $15,000.00 are heard in Circuit Court. Federal matters and cases where are from different states may be filed in Federal Court.
I have received a Subpoena for a Deposition and/or a Request to Produce documents. What do these mean?
Discovery is a broad legal term encompassing several rules of Florida Civil Procedure and is generally described as the means by which the respective parties can obtain additional information about both their case and the other side’s position relative to the case.
Discovery consists of several parts. In most matters, they are: Production of Documents ~ this allows the respective parties to learn in advance of trial what documents the other side has that may support or controvert their case; Interrogatories ~ interrogatories are questions requiring a sworn written answer that the respective parties can ask each other to learn what the other side is likely to testify to in court; Admissions ~ a Request for Admissions is a procedure used by parties to identify certain facts which may or may not be in dispute. Depositions ~ depositions are a device whereby the respective parties can ask questions of the opposite party and/or any witnesses to the case concerning the knowledge they have relative to the case. Note: generally speaking, questions regarding financial worth are not allowed in depositions or other discovery until after a judgment has been obtained.
Can I defend myself in Court or must I hire an attorney?
A person may defend him/herself (“pro se”) in any court. Small Claims Court is specially designed for people who represent themselves should they so choose. The Rules of Procedure are relaxed in Small Claims Court. In any Court other than Small Claims, it is generally difficult to represent oneself because the Rules of Procedure are strictly enforced. A corporation may represent itself only in Small Claims Court; otherwise, an attorney is required. The failure of a corporation to file responses through an attorney will result in the entry of a default, and subsequently a judgment, against the corporation.
Will I have to go to trial or should I settle out of Court?
Once a person has been served with a lawsuit, a response is required within twenty (20) or thirty (30) days as explained above. A response will usually consist of either a Motion to Dismiss if the attorney does not feel that the other side has properly stated its case, or an Answer. An Answer is a legal response to a Complaint and may contain Affirmative Defenses, which are legal reasons why the Plaintiff should not obtain the relief sought in the Complaint. After the pleadings are completed, discovery follows. Discovery usually consists of the elements described in Q.4 above. After discovery is completed, one or more parties may move for what is called Summary Judgment. Summary Judgment is generally defined as a motion whereby a party seeks to have the court end the case based on the premise that, taking all the facts of the case in the light most favorable to the non-moving party, the court must, as a matter of law, find for the party filing the motion. This is a technical legal motion that is frequently filed, but less frequently granted. The reason a Motion for Summary Judgment is often not granted is because there exists an issue of what is called “material fact” which requires resolution at trial. After Summary Judgment, the next step is trial. A trial can be before either a judge or a jury (the parties choose at the beginning of the case). After a trial, if one or more parties are dissatisfied with the result, an appeal can be filed challenging that result.
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