TRIAL

(a) Time. The trial date shall be set by the court at the pretrial conference. (b) Determination. Issues shall be settled and motions determined summarily. (c) Pretrial. The pretrial conference should narrow contested factual issues. The case may proceed to trial with the consent of both parties. (d) Settlement. At any time before judgment, the judge shall make an effort to assist the parties in settling the controversy by conciliation or compromise. (e) Unrepresented Parties. In an effort to further the proceedings and in the interest of securing substantial justice, the court shall assist any party not represented by an attorney on: (1) courtroom decorum; January 1, 2026 Florida Small Claims Rules Page 24 of 68 (2) order of presentation of material evidence; and (3) handling private information. The court may not instruct any party not represented by an attorney on accepted rules of law. The court shall not act as an advocate for a party. (f) How Conducted. The trial may be conducted informally but with decorum befitting a court of justice. The rules of evidence applicable to trial of civil actions apply but are to be liberally construed. Communication technology may be used for the presentation of testimony or other participation in the trial as provided under Florida Rule of General Practice and Judicial Administration 2.530. Any witness using the privilege of testimony by communication technology must be treated for all purposes as a live witness, and may not receive any relaxation of evidentiary rules or other special allowance. A witness may not testify using communication technology in order to avoid either the application of Florida’s perjury laws or the rules of evidence. Committee Notes 1984 Amendment. (a) Changed to conform this rule with the requirement for pretrials. (c) Allows the cases to proceed to trial with consent of the parties. (f) This is similar to the proposed amendment to the Florida Rules of Civil Procedure to allow depositions by telephone. Since the court has discretion to allow this testimony, all procedural safeguards could be maintained by the court. Since the court is also the trier of fact, the testimony could be rejected if unreliable. January 1, 2026 Florida Small Claims Rules Page 25 of 68 1988 Amendment. Extends the taking of testimony over the telephone to include parties, deletes the agreement of the parties provision, and adds authorization for an attorney to represent a party or witness over the telephone without being physically present before the court. 1996 Amendment. The revised version of subdivision (e) addresses the need to expressly provide that the judge, while able to assist an unrepresented party, should not act as an advocate for that party. 2011 Amendment. Subdivision (e)(3) was added so that a judge can assist an unrepresented party in the handling of private information that might otherwise inadvertently become public by placement in the court file.