The following documents are required when filing a Small Claims case. Please bring to Leon County Courthouse, 301 South Monroe Street, Room 100, or by US Mail at Post Office Box 726, Tallahassee, FL 32302. _____ Statement of Claim with attachments, if any (Need original and 1 copy for each defendant being served) _____ Summons/Notice To Appear for Pretrial Conference/Mediation (two copies must be provided for issuance for each defendant being sued); if you want a copy, please provide an additional copy and a self-addressed stamped envelope for returning it to you. {The summons/notice to appear must be served along with a copy of the claim by a certified process server, which can be the Sheriff's Office or a process server of your choice. Service of process on Florida residents only may also be effected by certified mail, return receipt signed by the defendant, or someone authorized to receive mail at the residence or principal place of business of the defendant. Either the clerk or an attorney of record may mail the certified mail, the cost of which is in addition to the filing fee.} _____ A check in the appropriate amount for the filing fee: a. Each claim less than $ 100.00 $ 55.00 b. Each claim of $ 100.00 but not more than $ 500.00 $ 80.00 c. Each claim of $ 500.00 but not more than $ 2,500.00 $175.00 d. All claims of more than $2,500.00 $300.00 _____ $10.00 for issuance of summons on each defendant 8/5/09 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ______________________________ CASE NO. ____________________ ______________________________ Plaintiff(s) vs. ______________________________ ______________________________ Defendant(s) NOTICE TO APPEAR FOR PRETRIAL CONFERENCE/MEDIATION STATE OF FLORIDA - NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) (Name & address of Defendant(s) to be Served) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the Leon County Courthouse Annex in Courtroom # 2F, located at 301 S. Monroe St., Tallahassee, FL 32301, on the ___________________ day of _______________________ at ___________ a.m. for a PRETRIAL CONFERENCE. IMPORTANT -- READ CAREFULLY THE CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE DO NOT BRING WITNESSES. YOU MUST 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 COMPY MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR DISMISSAL. 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) or the defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of the pretrial conference CANNOT be rescheduled without good cause or prior court approval. Revised 11/13/2008 Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference/Mediation. The purpose of the pretrial conference is to record your appearance or 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 during the time scheduled for the pretrial conference. Mediation is a process whereby an individual and neutral third person called a mediator acts to encourage and facilitates the resolution of a dispute between two or more parties, without prescribing what the resolution should be. It is an information 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 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 or 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 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 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 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 plaintiff’s(s’) attorney, if any. Rev. 06/08/2010 Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com A copy of the statement of claim shall be served with this summons. DATED ON ___________________________________. BOB INZER Clerk of Court, Leon County 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 DANNY DAVIS, OFFICE OF THE COURT ADMINISTRATOR, 301 S. MONROE ST., ROOM 215, TALLAHASSEE, FL 32301, (850) 577-4444, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULE APPEARANCE IS LESS THAN 7 DAYS. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711. Rev. 06/08/2010 Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com