Does the discovery process mandated in Florida Rules of Civil Procedure apply to both small claims court and circuit court?

Lawsuits And Disputes 6 views 3 answers
I have a couple of years experience in the Circuit Civil and have participated in a lengthy discover process but no experience in small claims court. I just got sued in small claims and it started out completely different than circuit. First a mediation person met with us and nothing was resolved and then we stood before a judge who asked a couple of questions and then set it for trial. It is set for trial in less than eight weeks and there has been no time for discovery yet. In one circuit case I was in, it took 9 months just to get through discovery. So can I now request production, interrogatories, or admissions between now and the hearing like I did in circuit court? And it is also a frivolous case so can I motion for summary judgment before the trial like in Circuit?

Attorney Answers

3
Adam Michael LewisPersonal Injury LawyerTampa, FL ·
There are Florida Small Claims Rules that apply to Small Claims Court. However, the parties can agree to invoke the Florida Rules of Civil Procedure.
0 upvotes
Tom Copeland ·
Here is the applicable Small Claims Rule: RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE (a)Generally. Florida Rules of Civil Procedure 1.090(a), (b), and (c); 1.190(e); 1.210(b); 1.260; 1.410; and 1.560 are applicable in all actions covered by these rules. (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. 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. When a party is unrepresented and has not initiated discovery pursuant to Florida 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. (c)Additional Rules. In any particular action, the court may order that action to proceed under 1 or more additional Florida Rules of Civil Procedure on application of any party or the stipulation of all parties or on the court’s own motion.
0 upvotes
Melissa Wilson ·
I agree with Mr. Lewis- There are Florida Small Claims Rules that apply to Small Claims Court. However, the parties can agree to invoke the Florida Rules of Civil Procedure.
0 upvotes

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