Pretrial Conference Order and Notice of Trial {7.323}

IN THE COUNTY COURT FOR CIVIL DIVISION CASE NO. _________________________________________ _________________________________________ Plaintiff Telephone _______________________ ____ by self COUNTY, FLORIDA ____ by agent _________________________________ ____ by attorney _______________________________ vs. _________________________________________ _________________________________________ Defendant Telephone _____________________ ____ by self ____ by agent _________________________________ ____ by attorney _______________________________ PRETRIAL CONFERENCE ORDER AND NOTICE OF TRIAL 1. DEFENDANT: ____ denies liability and damages ____ admits liability / denies damages ____ granted days to file a counterclaim and/or third-party complaint ____ advised of probable need for expert testimony from __________________________ 2. WITNESSES (total) ____ Plaintiff ____ Defendant ____ Parties advised of availability of subpoena power 3. EXHIBITS, DOCUMENTS, AND TANGIBLE EVIDENCE Plaintiff _________________________________ Parties instructed they must permit inspection ________________________________________ after notice or furnish copies to opposite party Defendant________________________________ within _______ days: ________________________________________ ____ Witnesses' names and addresses ____ Documents and things to be used at trial 4. DISCOVERY MAY BE HAD IN ACCORDANCE WITH SMALL CLAIMS RULE 7.020. 5. STIPULATION OR OTHER: TRIAL DATE: , at m., for hour(s) PLACE: County Courthouse, Courtroom No. , , FL JUDGE: , Telephone No.: ORDERED ON ___________________________ IMPORTANT -- TURN OVER AND READ TRIAL INSTRUCTIONS ON REVERSE SIDE. RECEIVED FOR: ___________________________________ For Plaintiff ISSUES: ____ Liability and damages ____ Liability only ____ Damages only , ___________________________________ For Defendant [The following instructions are to be placed on the reverse side of the order and notice of trial.] Pretrial Conference Order And Notice Of Trial {7.323} Page 1 of 3 American LegalNet, Inc. www.USCourtForms.com IMPORTANT -- READ CAREFULLY! YOU HAVE NOW ATTENDED A PRETRIAL CONFERENCE ON A SMALL CLAIMS ACTION. THIS WILL BE THE ONLY NOTICE YOU WILL RECEIVE CONCERNING YOUR TRIAL DATE AND WHAT YOU NEED TO DO TO PREPARE FOR YOUR TRIAL. DO NOT LOSE THIS ORDER AND NOTICE OF TRIAL. YOU ARE NOW SCHEDULED FOR A TRIAL AS LISTED ON THE REVERSE SIDE OF THIS PAPER. MAKE SURE YOU ARE AWARE OF ALL OF THE FOLLOWING: 1. NONJURY TRIAL -- You are now scheduled for a nonjury trial before a county court judge. 2. TRIAL DATE -- Do not forget your trial date. Failure to come to court on the given date at the right time may result in your losing the case and the other party winning. 3. EXCHANGE OF DOCUMENTS AND INFORMATION -- If the judge told you to submit any documents or give any information to the other party (such as a list of your witnesses' names and addresses), DO IT. Failure to do this as directed by the judge may cause court sanctions against you such as extra court costs, contempt of court, or delays. 4. COUNTERCLAIMS -- If you are the plaintiff and you have been given a written notice that a counterclaim has been filed against you in this lawsuit, this means that you are now being sued by the defendant. Also, if at the pretrial conference the judge allowed the defendant a certain number of days to file a counterclaim, the defendant must file that counterclaim within that number of days from the date of this pretrial conference order. If the defendant does that, the defendant has a claim now pending against you. If, at the time of the trial, the counterclaim has been properly filed, there are 2 lawsuits being considered by the judge at the same time: the plaintiff's suit against the defendant and the defendant's suit against the plaintiff. In the event that both claims are settled by the parties, both parties should notify the Clerk of the County Court, Civil Division, _________________________, IN WRITING, of the settlement. Only after both the plaintiff and the defendant have notified the clerk in writing of the settlement is it not necessary for the parties to appear in court. Settlement of one claim, either the plaintiff's claim against the defendant or the defendant's claim against the plaintiff, has no effect as to the other claim, and that remaining claim will proceed to trial on the trial date listed on the pretrial conference order. 5. THIRD-PARTY COMPLAINTS -- If you are the defendant and you believe that the plaintiff may win the suit against you, but, if the plaintiff does, someone else should pay you so you can pay the plaintiff, then you must file a third-party complaint against that person and serve that person with notice of your claim. Once served, that person must appear in court as you have to answer your complaint against that person. This must be done prior to trial within the time allowed you by the judge. 6. TRIAL PREPARATION -- Bring all witnesses and all documents and all other evidence you plan to use at the trial. There is only one trial! Have everything ready and be on time. If the judge advised you at the pretrial conference hearing that you needed something for the trial, such as an expert witness (an automobile mechanic, an automobile body worker, a carpenter, a painter, etc.) or a particular document (a note, a lease, receipts, statements, etc.), make sure that you have that necessary person or evidence at the trial. Written estimates of repairs are usually not acceptable as evidence in court unless both parties agree that the written estimates are proper for the judge to consider or unless the person who wrote the estimates is present to testify as to how that person arrived at the amounts on the estimates and that those amounts are reasonable in that particular line of business. 7. COURT REPORTER AND APPEALS -- Your nonjury trial will not be recorded. If you wish a record of the proceedings, a court reporter is necessary. To obtain a court reporter to record your final hearing, you must immediately contact the official court reporter, ______________________________________, Florida ________, Phone (___) __________. The cost to secure the presence of a court reporter is a minimum of $_____________ for the first one-half hour or any portion thereof and $_____________ per each additional half hour or portion thereof. To have the record of the proceeding transcribed, the cost is $______________ per page for the original and per page for each copy. Payment fo