APPLICABILITY OF RULES OF CIVIL

PROCEDURE (a) Generally. Florida Rules of Civil Procedure 1.090(a), (b), and (c); 1.190(a)-(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 January 1, 2026 Florida Small Claims Rules Page 5 of 68 not represented by 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 not represented by an attorney, and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380, the opposing party is not entitled to initiate discovery without leave of court. However, the time for 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, the stipulation of all parties, or on the court’s own motion. Committee Notes 1972 Amendment. Subdivision (a) is amended by giving the court authority to apply additional rules of civil procedure in any particular case on the application of a party, stipulation of all parties, or order on the court’s own motion. 1978 Amendment. These proposed amendments would help prevent overreaching and the ability of one party to obtain judgment without giving the court the full opportunity to consider the merits of the case. When attorneys are involved, the rule would preserve the ability of the parties to fully develop their cases. 1996 Amendment. The addition of Fla. R. Civ. P. 1.380 enables the court to issue and impose sanctions for failure to comply with discovery requests.