How to Demand a Jury Trial in Florida Small Claims Court

Most Florida small claims cases are decided by a judge sitting alone — a bench trial. But you do have the right to a jury trial, and if you want one, there's a narrow window to ask.

The 10-Day Deadline

Under Florida Small Claims Rule 7.150, a defendant must file a written jury trial demand within 10 days after service of the summons/notice to appear. The alternative: raise the demand at the Pretrial Conference.

Miss both opportunities and you've waived your jury trial right entirely. There's no second chance.

Time is calculated under Rule 2.514 — exclude the day of service, count calendar days, and if the 5th day falls on a weekend or legal holiday, the deadline extends to the next business day.

How to File the Demand

If you file a jury demand before the Pretrial Conference, put it in writing. There's no mandatory form — a simple document titled "Demand for Jury Trial" that identifies the case number, your name, and your request is sufficient. File it through the Florida Courts E-Filing Portal (myflcourtaccess.com) or deliver it to the clerk's office. You can also make the demand at the Pretrial Conference.

Even after filing, you must still attend the Pretrial Conference. Filing a jury demand doesn't change the pretrial schedule — it changes what happens at trial.

Why Most Defendants Don't Request a Jury

Jury trials in small claims court are uncommon for practical reasons:

Added steps. A jury trial involves additional scheduling and procedural steps. Check with the clerk about any costs and local requirements before deciding whether to demand one.

Scheduling. Jury trials require the court to coordinate jury selection, so check with the clerk about the expected schedule.

Formality. Jury trials follow stricter procedural rules. Evidence that a judge might accept informally in a bench trial — a text message screenshot, a printed email chain — may face formal objections from the opposing side in a jury trial.

When a Jury Trial Makes Sense

A jury demand is most strategic when:

• Sympathy matters. If the facts of your case involve a compelling personal story — a contractor who left your home in disrepair, a dispute over a vehicle that turned out to be dangerous — a jury may be more sympathetic than a judge who hears dozens of cases a day.
• Credibility is the central issue. When the case comes down to "they said, I said" with no definitive documents, a jury may weigh your testimony differently than a judge would.
• The plaintiff is a corporation or business. Individual defendants sometimes fare better with a jury when the opposing party is a company with resources.

What Happens at a Jury Trial

If your demand is granted, the trial proceeds before a jury. Both sides present evidence and testimony, the jury deliberates, and they return a verdict. The judge enters judgment based on the verdict.

Appeals from jury verdicts follow the same 30-day filing deadline as bench trial judgments, going to the District Court of Appeal.

Map Your Deadlines

The Florida Small Claims Response Guide includes a deadline calculator that marks the jury demand window, the counterclaim cutoff, and the pretrial date — so you know exactly which rights expire when, starting from the day you were served.

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