Notice To Appear For Rescheduled Pre-Trial Conference-Mediation (Lack Of Service Docket)

IN THE COUNTY COURT IN AND FOR THE EIGHTH JUDICIAL CIRCUIT ALACHUA COUNTY COURTHOUSE - 201 E. UNIVERSITY AVE GAINESVILLE, FLORIDA 32601227PHONE: (352) 374-3618 , Plaintiff vs Defendant(s). Case No.: 01 - Division: NOTICE TO APPEAR FOR RESCHEDULED PRE-TRIAL CONFERENCE / MEDIATION/SHOW CAUSE HEARING NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the Alachua County Family/Civil Justice Center, Courtroom 2nd Floor, 201 East University Avenue, Gainesville, Florida, on: (Day of Week), (mo/day/year) , at 11:00 A.M. for a Pre-trial Conference/Mediation and for hearing as to reasonable attorney fees in the event of default. If service of process has not been achieved prior to this date, the plaintiff must show cause why the action should not be dismissed for failure to serve the Defendant. You must advise the Clerk, in writing, of any change in your mailing address. Under the Americans with Disabilities Act , if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at (352) 337-6237, at least 7 days before your scheduled court appearance. If you are hearing or voice impaired, please call 1-800-955-8770 via Florida Relay Service. If you are deaf or hard of hearing and require an ASL interpreter or an assisted listening deviceto participate in a proceeding, please contact Court Interpreting at interpreter@circuit8.org . IMPORTANT227READ CAREFULLY227THE CASE WILL NOT BE TRIED AT THIS TIME, BUT MAY BE MEDIATED. DO NOT BRING WITNESSES. APPEAR IN PERSON OR BY ATTORNEY. WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT OF THE CLAIM WITHOUT FURTHER CONSULTATION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR DISMISSAL. ALL ATTORNEYS MUST HAVE A NOTICE OF APPEARANCE ON FILE BEFORE BEING PERMITTED TO APPEAR BEFORE THE COURT. The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having the case dismissed. A written MOTION or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance of a party or its attorney at the PRE-TRIAL CONFERENCE /MEDIATION. The date and time of the pre-trial conference CANNOT be rescheduled without good cause and prior court approval. American LegalNet, Inc. www.FormsWorkFlow.com Small Claims Pretrial Notice for Cases on Lack of Service Docket Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee authorized in writing by a principal of the business entity. Written authorization must be brought to the Pretrial Conference /Mediation. The purpose of the pre-trial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute; state what efforts have been made to settle the dispute; exhibit any documents necessary to prove the case; state the names and addresses of your witnesses; stipulate to the facts that will require no proof and will expedite the trial; and estimate how long it will take to try the case. Mediation Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party. Mediation is a process whereby an impartial and neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the resolution should be. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making rests with the parties. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required. If a full agreement is not reached at mediation, the remaining issues of the case will be set for trial. Mediation communications are confidential and privileged except where disclosures are required or permitted by law. If you admit the claim, but desire additional time to pay, you must come and state the circumstances. The court may or may not approve a payment plan and withhold judgment or execution or levy. If you desire to file any counterclaim or set-off to plaintiff's claim it must be filed in this court by you or your attorney in writing at least 5 days prior to the above date. Filing a counterclaim, set-off, motion or answer will not relieve you of your obligation to appear in court on the above date. RIGHT TO VENUE. The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s) have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: (1) where the contract was entered into; (2) if the suit is to recover property or on an unsecured promissory note, where the note is signed or where the maker resides; (3) if the suit is to Foreclose a lien, where the property is located; (4) where the event giving rise to the suit occurred; (5)where any one or more of the defendant(s) sued resides; (6) any location agreed to in a contract; and (7) in anaction for money due, if there is no agreement as to where the suit may be filed, where payment is to be made.If you as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff(s) or plaintiff222s(s222) attorney, if any. A copy of the statement of claim must be served with this summons. Dated on . Deputy Clerk American LegalNet, Inc. www.FormsWorkFlow.com J.K. IRBY, CLERK OF COURT By: