IN THE COUNTY COURT IN AND FOR DESOTO COUNTY, FLORIDA ________________________________ ________________________________ ________________________________ (Name and Address) Plaintiff(s), vs. CASE NO. ___________________ ________________________________ ________________________________ ________________________________ (Name and Address) Defendant(s). ______________________________________/ SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE STATE OF FLORIDA – NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) _______ _______________________________________________________________________ _______________________________________________________________________. YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the DeSoto County Courthouse, in Second Floor Courtroom, located at 115 E. Oak Street, Arcadia, Florida, on the _____ day of ______________, 20___, at ____________ p.m. for a PRE-TRIAL CONFERENCE before a judge of this court. IMPORTANT – READ CAREFULLY THE CASE WILL NOT BE TRIED AT THAT TIME DO NOT BRING WITNESSES – APPEAR IN PERSON OR BY ATTORNEY 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 for lack of prosecution. A written MOTION or ANSWER to the court by the Plaintiff(s) of the Defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. The purpose of the pretrial 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. Rev. 05/27/2005 1 American LegalNet, Inc. www.FormsWorkflow.com If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and withhold judgment or execution or levy. RIGHT TO VENUE. The law gives the person of company who has sued you the right to file 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 on an unsecured promissory note, where the note is signed or where the maker resides; (3) if the suit is to recover property or 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 reside; (6) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to where 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 to 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 Plaintiff’s(s’) attorney, if any. A copy of the Complaint shall be served with this Summons. DATED at Arcadia, DeSoto County, Florida, this _____ day of ______________, 20___. MITZIE W. MCGAVIC CLERK OF THE COURT By: ________________________________ Deputy Clerk 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 MITZIE W. MCGAVIC, CLERK OF THE COURT, at 115 E. Oak St., Arcadia, Florida 34266, telephone 863-993-4880, within 2 working days of your receipt of this Summons. If you are hearing impaired, call 1-800-955-8771, or if you are voice impaired, call 1-800-955-8770. A copy of this Summons/Notice to Appear for Pre-Trial Conference was mailed to the Plaintiff(s) on ____________________. By:____________________________ Deputy Clerk Rev. 05/27/2005 2 American LegalNet, Inc. www.FormsWorkflow.com