Florida Small Claims Court Hearing: What to Expect

Pretrial Conference Comes First

After you file your claim, the clerk schedules a pretrial conference — not a trial. Under Rule 7.090, it must be set no more than 50 days after filing; the summons/notice states the appearance date.

The pretrial conference considers issues in the case and the possibility of settlement. The court may refer the case to a mediator; the statewide rule requires the conference, not mediation in every case.

Bring your documents — contracts, invoices, photos, receipts — but witnesses generally aren't needed at the pretrial conference. If mediation results in an agreement, it must be written as a stipulation. If the case does not settle, the court must set it for trial within 60 days after the conference.

Preparing for the Trial Hearing

If the case goes to trial, preparation is everything. Florida small claims hearings use relaxed evidence rules under Rule 7.140, but "relaxed" means the judge has more discretion about what to admit — it doesn't mean disorganized evidence works.

What to bring:

• Your copies of every filed document (Statement of Claim, attachments, Return of Service)
• The original contract, invoice, lease, or agreement at the center of the dispute
• Photographs (printed, labeled with dates)
• Text messages and emails (printed with timestamps)
• Bank statements or payment records showing the money trail
• Repair estimates or receipts for damages
• A chronological timeline of events written on a single page for your reference
• Your witnesses, if any

Organize everything. Judges hear dozens of cases per session. Put your documents in chronological order, use tabs or dividers, and make an extra copy for the defendant and one for the court.

What Happens at the Trial

The judge calls your case. The plaintiff presents first — you explain what happened, show your evidence, and call any witnesses. The defendant gets to cross-examine your witnesses, then presents their side.

Speak directly to the judge, not to the defendant. Stay factual. The judge doesn't want your emotional narrative about how unfair the situation is — they want dates, amounts, and documents that support your claim.

After both sides present, the judge may issue a ruling from the bench or take the case under advisement and mail the decision later.

Continuances

If you need to postpone the hearing, file a motion for continuance with the clerk. Judges grant these for good cause — a medical emergency, military deployment, or a scheduling conflict you can document — but not because you forgot or aren't ready.

The defendant can also request a continuance. If it's granted, the court resets the hearing date. Multiple continuances can stretch a case from weeks to months.

When the Defendant Doesn't Show

If the defendant was properly served and doesn't appear, you can ask the judge for a default judgment. This doesn't happen automatically — you still need to present your evidence and show the amount you're owed.

The defendant can later file a motion to set aside the default judgment if they show a valid reason for the absence and a meritorious defense. But the burden is on them to act quickly.

After the Hearing

Once the judge enters a final judgment:

• Motion for new trial — no later than 15 days after the verdict in a jury action or the filing of the judgment in a nonjury action under Rule 7.180
• Notice of appeal — 30 days from rendition to appeal to circuit court under Florida Rule of Appellate Procedure 9.110. A timely, authorized motion for new trial postpones rendition until the court disposes of the motion.

The Florida Chief Financial Officer sets the statutory judgment-interest rate quarterly. Under Fla. Stat. § 55.03(3), the rate on a judgment is adjusted annually on January 1 until paid.

Winning a judgment and collecting the money are two different things. If the defendant doesn't pay voluntarily, you'll move to enforcement — garnishment, liens, or a Fact Information Sheet (Form 7.343) requiring the defendant to disclose their finances.

Knowing what each stage looks like keeps the process manageable. Our Florida Small Claims Filing Guide covers both the pretrial conference and the trial hearing step by step, with a checklist of what to bring and how to present your case clearly.

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