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Statement Of Claim (Small Claims) With Notice To Appear For Pretrial Conference-Mediation Form. This is a Florida form and can be use in Leon Local County.
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Tags: Statement Of Claim (Small Claims) With Notice To Appear For Pretrial Conference-Mediation, Florida Local County, Leon
IN THE COUNTY COURT
IN AND FOR LEON COUNTY, FLORIDA
CASE NO. ____________________
___________________________________________
PLAINTIFF
___________________________________________
DEFENDANT
___________________________________________
ADDRESS
___________________________________________
ADDRESS
___________________________________________
CITY, STATE, ZIP CODE
TELEPHONE:______________________________
VS
___________________________________________
CITY, STATE, ZIP CODE
TELEPHONE:______________________________
STATEMENT OF CLAIM
Plaintiff(s), _____________________________________________________, sues Defendant(s), and alleges:
1.
This is an action for damages which does not exceed $5,000.00.
2.
Plaintiff(s) claims the amount of $______________ with interest from ___________________, as being due from said
Defendant(s), and alleges as the basis of such suit:
WHEREFORE, Plaintiff demands judgment in the amount of $______________________, plus all costs of this action.
____________________________________________
Plaintiff or Agent
Revised 8/1/08
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IN THE COUNTY COURT 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 in Courtroom 2F, located at 301 South Monroe Street, 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 COMPLY 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 at the PRETRIAL CONFERENCE/MEDIATION. The date and time of the pretrial
conference CANNOT be rescheduled without good cause and prior court approval.
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, 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.
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MEDIATION
Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process
whereby an impartial 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 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 may withhold judgment or execution or levy.
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 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 attorney, if any.
A copy of the statement of claim shall be served with this summons.
DATED ON ___________________________________.
BOB INZER
Leon County Clerk of the Court
By:____________________________________
Deputy Clerk
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special
accommodation to participate in this proceeding should contact Court Administration, at Leon County
Courthouse, 301 S. Monroe Street, Room 203, Tallahassee, Florida 32301, telephone (850) 577-4400, not
later than (7) days prior to the proceeding. If hearing impaired, TDD 711, or Voice (v) 711, via Florida
Relay Service.
Rev. 02/2006
Page 2 of 2
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