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BizIPEsq., Attorney
Category: Business Law
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Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Re: Florida Small Claims Court - rules. What is the limit on

Resolved Question:

Re: Florida Small Claims Court - rules. What is the limit on claims in Florida Small Claims court? Also, is Discovery (such as RFP for documents, etc.) permitted in Florida Small Claims court?
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Let me review the relevant rules. Please bear with me

BizIPEsq. :

A small claims law suit is filed in county court to settle disputes where the dollar amount in controversy is $5,000 or less (excluding costs, interest, and attorneys' fees)

Customer:

OK... can Discovery be conducted if a suit is filed in FL Small Claims court?

BizIPEsq. :

according to rule7.020 (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.

BizIPEsq. :

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.

BizIPEsq. :

When a party is unrepresented and has not initiated discovery pursuant to Florid a 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.

BizIPEsq. :

basically this means that if you do not have an attorney you have to seek the court's permission. The court's clerk will specifically direct you how to properly submit the request

BizIPEsq. :

I trust this answered your question

BizIPEsq. :

Please rate my answer

Customer:

OK, to clarify further.... if company A sues company B in FL Small Claims court, then according to the Florida Rules, company B can respond pro se, and can propound Discovery pro se upon company A -- is that correct?

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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