Small Claims

by C.J.
(Jacksonville)

Do I need an attorney in small claims court? I've been sued over a tree job I did for a lady. She says she deserves a refund because we didn't remove all the debris. We (my business partner and I) say that we never told her we would remove the debris, only put it out by the road for the regular trash pickup.

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Tree Job
by: Staff, FALDP

Here is some information we found about small claims procedures on the Polk County/ 10th Circuit site:

"You should be present and prepared to present your case at the time and date set for your final hearing (trial). You should have with you all of the evidence you are going to present at the trial. This includes all papers and all witnesses you intend to call at trial. If you are not sure that a witness will appear for your trial you should have that witness subpoenaed. If you do not subpoena the witness and the witness does not appear at the trial, the judge will require you to have the trial without that witness. The judge will not let you come back later with more witnesses or more papers after the trial.

At the trial the judge will ask you and the defendant to tell the facts of your case and to go through all the evidence and proof, including having your witnesses testify, if you have witnesses. Then the judge will decide who wins. He may or may not ask questions of each party and the witnesses after they tell their side of the story. Generally speaking, the small claims trial is informal and the judge will simply try to get all of the facts he needs from the parties to make a decision."

The link to that site, if you want to read more is:
http://www.jud10.org/CountyCourt/SmallClaims/claims.htm

Also, as the previous comment states, small claims cases are always put through mediation first. The parties attempt to mediate, if you can't come to an agreement, then you go in front of the judge.

Florida Small Claims Rules of Procedure
by: BRM

No you do not need attorney. Two words against one if nothing written. the judge will try to give both sides something.

There is mandatory mediation before a trial. Be nice, be polite and stay calm. State your position and then it is up to the judge.


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Small Claims?

by Tracy, G.
(Palatka)

I need to sue my ex roommate for some money.  Its only 2000 dollars so its not a lot of money.  I was wondering if you could help me find the forms I would need in small claims court in Putnam County Florida?  Also do you know where they are downloadable possibly for free and in fillable form?

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This one I know
by: Lorna

Dear Small Claims,
I don't think any of the circuits provide pdf fillable forms for small claims court. The original complaint in small claims court is called a "Statement of Claim". I don't know about Putnam County but many of the circuits provide a packet for small claims court at the courthouse. Just ask the clerk of court. These packets are usually free or low cost. All that you usually need is the Statement of Claim, and a Summons (in some circuits the clerks prepare the Summons for you).

Good Luck!
Lorna

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Small Claims Discovery

by Kevin
(Bradenton, Florida)

I filed a suit in Small Claims Court for payment of medical services under s PIP policy. The Defendant insurance company's attorney responded with 34 pages of discovery questions inquiring about family history, my educational and work background, and numerous other items not related to the case. Is there a way I can legally not answer these questions?

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Discovery Objections
by: Legal Eagles

You have the option to file objections to the discovery requests not legitimately interposed to obtain evidence, not related to the issue.

Discovery Objections
by: Legal Eagles

Yes, you can file objections to each interrogatory you feel is improper. If you need more information contact us at 321-458-1814, thank you.

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Filing small claims against Tire Kingdom

by julie
(sarasota, fl)

Lack of enough oil the tech put into my van caused engine to die. Should the local Tire Kingdom be the Defendant or go to the HQ? If the HQ is in another city, do i file in SRQ or that other city?
If I can not afford to pay to file this law suit, is there a form to file to ask for the cost to be waived? Where to find/print this file?

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Who to sue
by: FALDP Staff

Julie,
Your dispute is with a local Tire Kingdom. When initiating a law suit, you generally want to keep jurisdiction convenient to you. It would probably be cumbersome for you to file a law suit in some other county or state, then have to travel there for court hearings. And since your incident occurred in Sarasota, and I gather you live in Sarasota or nearby, then your most convenient forum is Sarasota County. As far as including other parties as defendants, you may want to name the parent company and the local store.

Florida Rules of Civil Procedure
RULE 1.210 PARTIES


(a) Parties Generally. Every action may be prosecuted in the name of the real party in interest, but a personal representative, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person's presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same side as plaintiffs or defendants, and anyone who refuses to join may for such reason be made a defendant.

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Palm Beach County Civil Court Small Claims filing a subpoena duces tecum

I am suing a corporation in small claims court in Palm Beach County, Florida, and I believe that I need to file a subpoena duces tecum and am unsure how to go about doing this for my court case. I want to be able to get information for my court hearing concerning the names of some of the employees who worked for the corporation that I am suing and consequently damaged my vehicle in the course of doing so. The problem is that some of these individuals I only know by "first name" and as you know you cannot subpoena someone to testify and have them properly served by the court if you do not even know their full name. I cannot get this information from the company itself as they do not want to assist me in my case against them.














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Discovery Tools
by: Staff

Hi,
There are other discovery tools at your disposal, although the discovery process in small claims isn't usually necessary. Discovery tools are still available. Our suggestion is that you start with a Request for Interrogatories so that you can find out the full names of the individuals involved, then follow with a subpoena duces tecum, if necessary.

The information we just provided to you is information about procedure. We are not offering you legal advice.

If you need help with document preparation please contact one of our Palm Beach County members or call 800-515-0496.

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Can I, With a Limited POA, represent plaintiffs in a small claims trial?

by James
(Naples, Florida)

I have a Limited POA to represent the plaintiffs in a small claims complaint in Collier County, Florida. Today, neither plaintiffs or defendants could reach resolution so the Judge is scheduling a trial date; can I continue to represent plaintiffs in this trial or do they need to appear, in person, at trial?

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Representing Plaintiff's with a limited POA
by: Anonymous

If you are not an attorney then the answer would be no as it constitutes Unlicensed Practice of Law (UPL). Unless you are an actual party to the claim you cannot represent them in court.

http://www.flsenate.gov/Laws/Statutes/2012/454.23


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out of state participation

by Brad
(Nashville TN)

If I have not received a subpoena but a notice of hearing only, may I ask for a phone hearing if I live 750 miles away if the hearing is on a motion of contempt of court filed by the spouse. The trip would cost me hundreds of dollars and endanger my job for being absent for 3 days.

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Motion for Telephonic Hearing
by: Staff FALDP

Brad,
Absolutely request to be heard telephonically. Your ex can object, but the judge may grant your request anyway. People in your situation often make this request. I found the pro se motion and order for the Thirteenth Circuit (Tampa) at this link:

http://www.fljud13.org/Portals/0/Forms/pdfs/family/motionTelephonicHearing.pdf

You can retype it for your county/ circuit.

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Foreclosure in Florida

by Johanssen
(Palm Beach, FL)

How long, after you receive a notice of foreclosure, does it take to complete the foreclosure process, and have a possible resale the home, in the State of Florida?

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Foreclosure
by: Lou Sessa LJS Legal Document Prep.

I am answering on a situation from someone I know who went through a foreclosure, from the time they first missed a payment they actually stayed in the home for two and a half years before leaving the home, even then the forclosure was not complete they could have stayed longer it took almost 3 years for the whole process this was with BB&T Bank in Citrus County.

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Pro Se Filing of Exhibits While Represented By Counsel

by Richard
(Jacksonville)

Is it okay for a person being represented by counsel to file pro-se exhibits that will compromise Opposing Counsel or is this against the law or court rules? My attorney did not filed them when asked to do it.

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Attorney filed false information to the court

by Tony
(Tampa, Florida)

How do I bring this issue of the attorney, and the defendants, filing false information to the court and presenting it as evidence in a hearing? I can prove that the evidence is false.
I do not know if this is deemed perjury, fraud, or is considered an act of contempt.
I am a pro se plaintiff, and the Defendants have obtained counsel. there have been approximately three hearings where they have filed, submitted, and brought before the judge false evidence.
Thank you

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False testimony
by: Anonymous

You need to file a motion refuting the testimony and evidence presented by the defendants and their attorney....include documentation as exhibits and be thorough in your arguments to the court.

It sounds like you are out-gunned and need the help of legal counsel or advocate to help you prepare your rebuttals.

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DENIED UNEMPLOYMENT BENEFITS - Labor Law

by Jamie
(Sarasota)

I am so upset. I got fired a few months back and I can't find a new job. I need to get a source of income to pay my rent so I applied for unemployment and got denied. WHY?????????

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After more than a total of 30yrs.,why now ?
by: Wesley Bower

Employed started in 1980 til 1987. Then rehired in 1988 til Oct 7,2013. After all those of service why in a matter of 2 weeks they they just they found reasons to let go.I guess i had alchol on my breath but was not under the influence or drinking on the job.I requested a blood test and breathalyzer test which i was denied. On Oct.1 we got our first raise in four years which put me over 16.00 dollars.I was the highest paid on the fields that we worked. A year ago they cut my hours from 39 a week to only 20-25 a week to try to make me quit. I turned down a promotion for more money but they wanted me to work even less hours. I even trained the guy who replaced me. All they did was complain about cutting back so the department and supervisors would look good. So why ME?

Unemployment Compensation Appeal
by: Lorna

Dear Jamie,
You are entitled to appeal a denial of unemployment compensation benefits. Here is the link to start the appeals process - https://iap.floridajobs.org/IAP_INTER/process.asp

And, here is some information that may help, posted on that site's FAQ:

"Only claimants and employers that have been adversely affected by the agency's determination are entitled to file an appeal. If you are a claimant and received a notice that you were denied benefits, or if you are an employer and have received a determination that a former employee is eligible for benefits or your tax account is affected by the claim, you may file an appeal online. The confirmation number you receive at the end of the process will be your proof of filing.

Other filing methods include writing the appeal on a letter or on the Notice of Appeal form provided in English, Spanish and Creole at which can be found in the Unemployment Compensation Forms Directory. Include the claimant’s name and last four digits of the Social Security Number and a brief statement about why you believe the determination is incorrect. Mail written appeals to:

Office of Appeals - MSC 347
107 E Madison Street
Tallahassee, FL 32399-4143

Instead of mailing, you may fax the appeal to (850) 921-3524. We encourage you to file appeals on our secure website because we receive them immediately and your information is safe. We do not accept appeals filed by telephone or e-mail to help protect you against identity theft."

You have 20 days to appeal.


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Challenge to denial of a documents request by my HOA.

by Barbara
(Lee County)

By my research the correct court to file such an action in (and this would be a request for a declaratory judgement that the law requires that the HOA give me the documents I have requested and an order directing them to do so) would be the Trial Courts Circuit (20th Circuit as I live and the HOA is in Lee County).

I have read the Civil Procedures and my question concerns the Form (Rule 1.900 Forms) that asks me to set out my cause of action. The long list of options offers a Condominium issue (Chapter 718) but does not offer the option of an HOA issue. Nor do any of the categories of types of cases offer a request for the interpretation and application of law. There is no question of fact here. I applied completely in conformity with Chapter 720 rules and my HOA rules for the document. The HOA failed to provide the document. The law 720.303 (5) (c) is quite clear but this Board wishes to say it does not think it has to or does not want to provide the information. I have filed a Demand for mediation which is scheduled for Nov 19. I have little hope any results will come from that so I wish to prepare the paper work to go to court.

So my question is--am I right about the Court in which to file? How do I indicate on the Form asking for cause of action that I am asking for a Declaratory Judgment interpreting Chapter 720.303 (5) (c0?. And finally, I do not see anywhere on these filing forms an option for this sort of request--a Declaratory Judgment and an order to provide the information as the remedy. There is no money involved save the $50/day for 10 days the HOA statute provides which probably explains why this issue has never been litigated. There is no way anyone would pay the hourly fees of an attorney to get this law effectively implemented. The legislature failed to designate any executive agency to implement and enforce this law so without going to court it is a hollow law if the Board decides to ignore it.

I would appreciate direction on where to go to read or inquire about this issue if you have that or answers to my questions if you can do so.


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file a pro se motion if your attorney won't

I filed a motion to vacate a judgment while i was still represented by counsel, 1.540(b) when i tried to get a hearing date the court would not give me a hearing , and i received a order striking my motion , with out any legal explanation , is this legal??

"This cause comes before the court without hearing on Defendant's Verified Emergency Motion to Vacate Judgment or in the Alternative Set Aside Judgment Or In The Alternative Motion For A Rehearing And/Or Reconsideration Or In The Alternative Motion For A New Trial. A Notice of Appeal was filed by counsel. Later the same day defendant proceeding pro se filed this motion. This court lost jurisdiction to address this motion when the Notice of Appeal was filed. The court has now received the Mandate of the appellate court and has jurisdiction to address the motion. The motion was filed by defendant pro se at a a time he was represented by counsel, as such it is a nullity and must be stricken. The court being otherwise fully advised in the premises, it is

ORDERED AND ADJUDGED THAT on Defendant's Verified Emergency Motion to Vacate Judgment or in the Alternative Set Aside Judgment Or In The Alternative Motion For A Rehearing And/Or Reconsideration Or In The Alternative Motion For A New Trial is declared a nullity and is stricken. No further action will be taken on this motion. This action is without prejudice to defendant filing such further motions as may be allowed by law.

DONE and ORDERED in Fort Myers, Lee County Florida this 9th day of February 2016.

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Motion for Reconsideration
by: Anonymous

My attorney just told the Judge once a judgment is entered the case is over so he did not have to withdraw so the Judge allowed my ProSe Motion for Reconsideration as my attorney missed pertinent bills in my personal injury case in Chicago and the ARDC is not holding attorneys accountable as my previous attorney in my PI case had a substance abuse issue and did not get my bills or lost time. The ARDC is a joke here. My attorney who substituted did not properly prepare my case.

This kind of aloof and disrespectful behaviour is ever increasing in our judicial court system aimed against Pro as litigants.
by: Pro as litigants civil rights

There needs to be serious legislation enacted to protect pro se litigants from unlawful actions of some of our judiciary. Some of the rulings they hand down against Pro as litigants are merely retaliation and designed to frustrate the pro se litigants..and intimidate discourage and belittle the litigant from thinking about representing him or herself in a court of law...seemingly reserved strictly for Attorneys..this is the core problem in our court's today...attorneys are rapidly becoming a more and more unpopular form of our legal process..because the charge too much money and do very little to nothing to advance the client's case..they play favors with the other side.. and some have been known to sell their clients down the river ...its an evil evil game some attorneys play on the public...and after you paid an attorney 5,10 and 20 k large to fight for you..some avoid calls and become short and snappy towards you...and don't you dare thinking of filing a Bar compliant..F.O.R.G.E.T about that..regardless of how much evidence and documentation you have to prove dereliction of duty..the bar will almost always side with the Attorney..always almost every time..you get no legal results and you lose your case in advance..then to add insult to injury the Attorney files a motion to withdraw from your case..leaving you in the middle of a serious case and you have no more money to pay yet another attorney to represent you...
So on the real..most people are of the belief they don't need an attorney to lose their case for them..people can lose their own case without professional assistance..a heck of a lot cheaper..pro as lilagants are on the increase...LAW AND CASE LAW APPLIABLE TO ANY SPECIFIC CASE IS NOT DIFFICULT AT ALL TO ARGUE AND IF THE JUDGE IS TRULY ONE WHO UPHOLDS THE OATH OF HIS OR HER OFFICE YOU WILL PREVAIL IN COURT..THANKS FOR READING




Can you file a motion for a new trial pro se in Florida
by: Tracy Yo'Seph

My husband just was found guilty, we are asking the public defender to file a motion for a new trial. She isn't responding and he is facing life can I file the motion for my husband pro se? We have 10 days which is the 11th. So we are running out of time

Jurisdiction
by: Staff FALDP

Hi Anonymous,
The Order is clear. Your filing a pro se motion while you are represented was improper, and the judge declared it a nullity. Also, your attorney filed a Notice of Appeal, at which time the circuit court lost jurisdiction on your case. See -
http://www.flcourts.org/florida-
courts/district-court-appeal.stml



The purpose of Florida’s District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the development, clarity, and consistency of the law.

CASE LAW
by: Anonymous

Thank you Anginita , I can not find any case law or anything on this , how can a order not state any legal explanation , The bigger issue is that the court is not allowing me to schedule a hearing as a pro se litigant, thanks ,

Pro see motion
by: Anginita Rosier

Yes, this is legal. If you are being represented by an attorney, your attorney must file a notice of appearance notifying the court that he is in fact your attorney. If you are not satisfied with the way your attorney is handling your case, you have the right to fire him, however, at no time while he is representing you can you file motions on top of other legal motions he may be filing with the court in your behalf. Also, if this is a criminal case for appeal you will definitely need an attorney to handle your case. Hope this helps.

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Civil indigent status

by Mara
(Orange county)

Can a person married who's husband makes over 40,000 a year file for insolvensy/indigent status indigent status.

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A government decision
by: Judith Byrd

Civil Indigent status is determined directly by the Clerk of Court in your County. Each application is considered separately. There is a form that must be completed - supplied at no charge - and after it has been completed and reviewed by the Clerk, you will be told if you qualify. There are a number of factors that are considered, so it is not possible to tell you if you'd qualify or not. The forms ask for your OWN personal financial situation, so don't despair because your ex-to-be has a large income. Go to the Clerk and ask. That way you can find out and subsequently know where you stand.

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Unlawful Detainer isn' the case or is it ?

by Clint
(Summerfield, FL)

I'm in Marion co Florida, I have a pending Unlawful detainer case against me and the co residents.. someone bought the place and wants us out. here is the situation and status as of to date,

the Unlawful Detainer case was filed by the Plaintiff whom didn't Name nor Serve the other
parties.. case was dismissed on those grounds as it was my first answers and counter claims,. it didn't go further down the line of issues I've raised so far,.



Story: He got the deed in an Unscrupulous Transaction and terms / conditions to settle an Unscrupulous Debt and funds that were generated from Unscrupulous trades,.

Issues: The Property has a Mobile Home on it in a Residential Subdivision NOT in a Park, He DOSE NOT OWN nor Hold the TITLE to the Mobile Home, another Party that isn't related to him or the prior owner he got the deed from does,

This person Holds it as collateral for a Debt when the prior owner bought the land from him.. but didn't pay him in full.. in which hasn't been settled as of yet.. so this third owner has acquired this unknown Debt in the process of getting the deed from whom he bought it from..

ISSUSE coming up next round will be: HE Doesn't Own the DWELLING Someone Else does, what is the Correct Case of Venue to take.. I Don't think its Unlawful Detainer in a County Court Case but an EJECTION case that needs to go to the Civil Circuit Court.

which is option is the right one ?


the Judge in this case isn't really experienced in this Area of the law from what I'd seen that morning and have heard from others.. She's better known for County Criminal Cases, Bond, DUI and Drug Treatment, and some Criminal Traffic .. she was a prosecutor before becoming a Judge.. her Back Ground isn't very experienced in Extensive Civil Case litigation matters and it showed that morning since she appeared not certain herself on how to proceed other then to dismiss with out prejudice, on the Grounds of Unnamed and Unserved Parties.. as the other issues didn't come up.

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Pro Se filing for Legal Malpractice

by Ken
(I woirk in Tampa, live and have a permenant address in Indian River County and my attorney practices in Brevard)

I am looking for someone to draft a complaint for a pro se legal malpractice claim. I have drafted a demand letter, but it is time to move forward with filing a claim. I want to do this in Brevard County Court, as that is where my attorney practices. Can I file in my home county instead of Brevard? Is there a document preparer that can assist me with the drafting and perfecting of my complaint. I intend to do an initial claim, and then do six other claims at the maximum amount for Indian River County Fl.

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legal malpractice damages
by: Anonymous

I too have filed a legal malpractice claim as pro se. I now need to respond to a Motion to Strike and a Motion to dismiss based on the argument of failure to allege legal damages. Are damages required to be plead with a dollar amount or can the be plead generally to be determined through discovery and at trial?

illegal settlement
by: Anonymous

Is it legal to settle a case in Florida 45 days before the pretrial date? The statue says other wise. Can anyone answer this question?

Malpractice Complaint
by: FALDP Staff

Ken,
Document preparers may not draft a complaint for you. However, many member document preparers can assist you with formatting your documents; and explaining procedure. If you have written your complaint and completed your own research many of our members are able to help. Please check the Member Directory on this site for a document preparer in your area. 800-515-0496

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Is an unsigned un-notarized baker act admissible to a judge ?

Is aa unsigned un-notarized baker act admissible to a judge ?

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Baker Act
by: Gayle Coffman, Suncoast Legal Solutions, LLC

I am a professional guardian and have, in the past been a Baker Act Guardian Advocate for Pinellas County. The entire process of a Baker Act includes involuntary placement of a person suspected of being mentally incompetent, at a mental health facility specifically designated by the State of Florida to receive Baker Acted Persons. The process involves a hearing in front of a Circuit Judge, with evidence and testimony presented by both a State Attorney as well as a Public Defender appointed to represent the person held under the Baker Act - the purpose being to have the Judge make a final determination of whether or not the person should be released or be adjudged incompetent and held at the local facility or even transferred to a state facility, and the Judge makes a ruling on the term of the placement, which could actually be permanent. Any document you provide to initiate a Baker Act Process might not necessarily need to be notarized, because many times the person requesting the placement is a law enforcement officer.

In Florida, the Involuntary Commitment law is referred to as the Baker Act. If someone you know has been involuntarily committed, you have the right to be fully informed about the step-by-step procedure of involuntary commitment as well as your rights and the rights of the person who was, or is being, committed. You can call the CCHR Florida hotline to get fully informed. Hotline number 800-782-2878.

There is an entire chapter of the Florida Statutes that is dedicated to the Baker Act Law. See Florida Statutes Online, Chapter 394.

There is a link to an entire manual on the Baker Act Law, available from the Department of Children and Families. Look for the link to the "Baker Act Manual" (which is a pdf) under the mental heath law section, which is under the programs section. I am sorry, but I am unable to include the link in this response.

I hope this information was helpful.

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Multiple Plaintiffs Represented By Private Counsel

by L
(FL)

I am a new attorney and have basically zero experience with the waiver of filing fees based on civil indigent status. I have some questions:

(1) Does being represented by counsel on a pro bono basis preclude a plaintiff from qualifying for or being granted a waiver if they are otherwise determined to be indigent?

(2) If there are two named plaintiffs who are not married and not living together, and they individually qualify for indigent status, do both of them apply for and submit an application for indigent status? Or will multiple indigent plaintiffs be precluded from receiving a waiver? As above, does being represented by counsel on a pro bono basis prevent a determination of indigent status?

(3) Must plaintiff(s) be Florida residents to qualify for waiver of court fees based on indigent status? In other words, does an out-of-state plaintiff suing in FL civil court have the same opportunity as a Florida resident?

Thank you so much for your help, and that you for this website.

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Indigent
by: FALDP Staff

Hi L.,
I'll answer your questions as I can. Nothing I say is to be construed as legal advice, and may require more research on your part. (Although, i don't think its possible for a nonlawyer to actually give an attorney legal advice - you're the attorney). Nonlawyers always try to make sure that anything we say does not include even a whisper of the possibility of engaging in the unauthorized practice of law (UPL).

1. It might. We know that the various jurisdictions apply the rules differently. Sometimes, pro se litigants are denied indigent status out of hand simply for using a document preparer to prepare their documents.
2. Since there is one case and one filing fee it seems reasonable that only one indigent order is necessary, but I also don't see how it would hurt if both submitted an indigent application.
3. I don't think the indigent applicant has to be a Florida resident, as the jurisdiction is Florida, and the filing fee would be paid in Florida.

Here is a link to the indigent rules:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0027/Sections/0027.52.html

As a practical matter, you might have your clients file pro se initially and add you on as counsel later on.

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Emergency Motion - How to file a Pro Se Motion

by Donna
(Florida)

What steps do I need to take to file an emergency pro se motion in my case? Are there specific forms or procedures? Thanks in advance for the information!

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Emergency Motion
by: FALDP Staff

Hi Donna,
First let me say, that I'm not an attorney, so I can't give legal advice. I can provide you with information that may help you get started in your own research or point you in the right direction.

You don't say what type of case you have, but I am going to assume that it is a family law case. (As there are many perceived emergencies in family law). And let's say that it is an emergency because the other parent has refused to return a minor child after a scheduled timesharing. At that point your recourse could be filing a Motion for Civil Contempt/ Enforcement with Child Pick Up. This motion is exactly what it sounds like and you can find the form on the Florida Supreme Court's site - www.flcourts.org .

But is it an emergency?

That depends. Florida has strict reasons for seeking emergency relief. You might want to seek an expedited hearing instead. Visit this attorney site for a full explanation - https://www.gregoryforman.com/blog/2009/10/emergency-hearings-versus-expedited-hearings/


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Petition for judicial review, health and human services, 1129 (d)(1) social security act

by Javier Bonilla
(Tampa Florida )

How to petition for judicial review in the US Court of appeal, 2nd district

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Social Security Appeal
by: Debra F

Here is the excerpt from 1129(d)(1) Social Security Act

(3) Upon the filing of the record and the Commissioner’s original or modified order with the court, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, as provided in section 1254 of title 28, United States Code[67]

The Social Security Administrative Law Court is it's own entity and therefor you can't appeal to a United States district court.

I am not a lawyer and I cannot give legal advice. The information contained herein was obtained from 1129(d)(1) Social security act.

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Responsibility For Water Line Damage

The water meter for my home in on a neighbor's property. My property is separated from that neighbor's property by a golf cart path. The land the cart path is on is owned by a golf course. The golf course does not maintain the path very well and erosion has caused my water line pipe to appear. In addition to the daily traffic of golf carts, heavy maintenance equipment use the path. I am concerned that the PVC water pipe line will eventually be damaged by the activity on the cart path. The water company has advised me that I am responsible for any repairs to the line between the meter and my house. If there is damage to the pipe, can the golf course be held responsible for the damage and repair?

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Civil Litigation
by: Debra F

First let me say that I am not a lawyer and I cannot give legal advice. However, if you feel that your pipes are being damaged by the heavy equipment from the golf course or the golf course traffic or the combination of both, you always have the right to sue.

Suggestions: Before the damage to your pipes gets worse, get an estimate for repairs. Litigation can be a lengthily process. The damages to your pipes during litigation from your description does not sound like it is going to improve.

Consult an attorney. If you don't know one in your area, go to the Florida Bar Association and locate an attorney in your area.

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Needed documents to file a civil suit Pro Se

by Jorge
(Miami Beach FL)

I need to know:

1. Which documents are to be prepared to file a suit Pro Se?
2. How to present the documents that prove the claim?
3. Fees you ask to prepare the documents.
4. Estimated court fees to file a civil suit.


Thank you for your attention,
Jorge

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Documents for civil suit pro se
by: FALDP Staff

Jorge,
The rules are different for Small Claims and County or Civil Court. In Small Claims the amount you're suing for is up to $5,000. and the complaint is called a Statement of Claim. In most counties the clerks of court will prepare the Summons to have the other party served. So you may only need the statement of claim and nothing else for small claims court.

For County Civil and Circuit Civil the rules are nearly identical. County Civil is for claims between $5,000 and $15,000. And Circuit Civil is for claims in excess of $15,000. You'll need at minimum a Complaint, a Summons for Service of Process. You may also need to attach exhibits to the complaint. There will likely be additional forms you'll need to file as the case progresses, but these should be enough to initiate your case. Hope that helps. For more information see the Florida Statutes.

If you have specific questions about procedure, please contact us at 800-515-0496

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Motion for Default

by Lydia
(FL)

I received a notice in the mail from the court that informed me that my Husband's attorney had filed a Motion for Default in our divorce case. What is this document, and what do I need to do, if anything? I'm without an attorney and I don't have any money to hire one.

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Motion For Default
by: LJS Legal Document Prep

If you as the the respondent did not file an answer within the 20 days after you been served the motion for default lets the petitioner complete the divorce without the other party's participation.

See flcourts.org and look for Family Law Forms - 12.922 Forms A - C

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Amending a small claim to include a request for an injunction

by Maggie
(Bartow, FL, Polk)

I filed a small claims case. The mediation has already taken place and was unsuccessful, so a trial date has been set. It was recommended to me that I file an amendment to my case to include a request for an injunction against trespassing (rather than just filing for an injunction separately)
How do I do this? Is there a specific form? How can I amend the case to include the request? No change in dollar amount is being requested.
(Thank you)

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How to get a mistrial of a foreclosure case for trial extending too long? Trial began, June 15, continued and heard May '16 and continued agin dec '16?


(Miami)

Trial began, June 15 and bank did not have note. Judge continued the trial so they could provide the note to May '16. case was heard and the Plaintiff proceeded. We ended the day and continued for Dec '16. Need to find case law to file a motion that this case should be a mistrial. How can a judge remember testimony, on 2 separate date - a year apart and new testimony 6 months later?

Please assist with this motion and/or any other recommendations?

Thank You,
Dan

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Mistrial
by: Brian

Dan , make sure you have a court reporter at any hearings. What court are you in?

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Pro se use of terminated attorney as witness in civil suit. Can I use my ex atty as a witness?

by Lonnie
(Davis ca)

Looking for rulings and support for doing this.

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It's a Very Gray Area But Not Entirely Impossible to Do
by: Debra Fairchild Turner

Here is the citation from the Florida Bar Association.
RULE 4-3.7 LAWYER AS WITNESS

4 RULES OF PROFESSIONAL CONDUCT
4-3 ADVOCATE

RULE 4-3.7 LAWYER AS WITNESS

(a) When Lawyer May Testify. A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness on behalf of the client unless:

(1) the testimony relates to an uncontested issue;

(2) the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony;

(3) the testimony relates to the nature and value of legal services rendered in the case; or

(4) disqualification of the lawyer would work substantial hardship on the client.


(b) Other Members of Law Firm as Witnesses. A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by rule 4-1.7 or 4-1.9.
Comment

Combining the roles of advocate and witness can prejudice the tribunal and the opposing party and can also involve a conflict of interest between the lawyer and client.

The trier of fact may be confused or misled by a lawyer serving as both advocate and witness. The combination of roles may prejudice another party's rights in the litigation. A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof.

To protect the tribunal, subdivision (a) prohibits a lawyer from simultaneously serving as advocate and necessary witness except in those circumstances specified. Subdivision (a)(1) recognizes that if the testimony will be uncontested, the ambiguities in the dual role are purely theoretical. Subdivisions (a)(2) and (3) recognize that, where the testimony concerns the extent and value of legal services rendered in the action in which the testimony is offered, permitting the lawyers to testify avoids the need for a second trial with new counsel to resolve that issue. Moreover, in such a situation the judge has first-hand knowledge of the matter in issue; hence, there is less dependence on the adversary process to test the credibility of the testimony.

Apart from these 2 exceptions, subdivision (a)(4) recognizes that a balancing is required between the interests of the client and those of the tribunal and the opposing party. Whether the tribunal is likely to be misled or the opposing party is likely to suffer prejudice depends on the nature of the case, the importance and probable tenor of the lawyer's testimony, and the probability that the lawyer's testimony will conflict with that of other witnesses. Even if there is risk of such prejudice, in determining whether the lawyer should be disqualified, due regard must be given to the effect of disqualification on the lawyer's client. It is relevant that one or both parties could reasonably foresee that the lawyer would probably be a witness. The conflict of interest principles stated in rules 4-1.7, 4-1.9, and 4-1.10 have no application to this aspect of the problem.

Because the tribunal is not likely to be misled when a lawyer acts as advocate in a trial in which another lawyer in the lawyer's firm will testify as a necessary witness, subdivision (b) permits the lawyer to do so except in situations involving a conflict of interest.

In determining if it is permissible to act as advocate in a trial in which the lawyer will be a necessary witness, the lawyer must also consider that the dual role may give rise to a conflict of interest that will require compliance with rules 4-1.7 or 4-1.9. For example, if there is likely to be substantial conflict between the testimony of the client and that of the lawyer, the representation involves a conflict of interest that requires compliance with rule 4-1.7. This would be true even though the lawyer might not be prohibited by subdivision (a) from simultaneously serving as advocate and witness because the lawyer's disqualification would work a substantial hardship on the client. Similarly, a lawyer who might be permitted to simultaneously serve as an advocate and a witness by subdivision (a)(3) might be precluded from doing so by rule 4-1.9. The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party. Determining whether such a conflict exists is primarily the responsibility of the lawyer involved. If there is a conflict of interest, the lawyer must secure the client's informed consent. In some cases, the lawyer will be precluded from seeking the client's consent. See rule 4-1.7. If a lawyer who is a member of a firm may not act as both advocate and witness by reason of conflict of interest, rule 4-1.10 disqualifies the firm also. See terminology for the definition of "confirmed in writing" and "informed consent."

Subdivision (b) provides that a lawyer is not disqualified from serving as an advocate because a lawyer with whom the lawyer is associated in a firm is precluded from doing so by subdivision (a). If, however, the testifying lawyer would also be disqualified by rule 4-1.7 or 4-1.9 from representing the client in the matter, other lawyers in the firm will be precluded from representing the client by rule 4-1.10 unless the client gives informed consent under the conditions stated in rule 4-1.7.

I am not a lawyer and I cannot give legal advice.

[Revised: 05/22/2006]

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Motion to Withdraw vs Charging Lien

by cynthia
(key west, florida)

I fired my attorney. He filed a charging lien. I am Pro Se. Does he still need to file a motion to withdraw if he filed a charging lien? It is my understanding that opposing counsel will not talk to me if he is still my attorney of record. Also, I have requested a bill for expenses and my file. It has been a month and I have received neither.

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Notice of Pro Se Appearance
by: FALDP Staff

Cynthia,
Yes, your attorney was supposed to have filed a Motion to Withdraw. But, since that didn't happen, one thing you can do is file a Notice of Pro Se Appearance. File it with the clerk of court and copy it to opposing counsel.

This site has some samples:
https://www.creditinfocenter.com/community/topic/241514-typicalsample-notice-of-appearance-florida/

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How to obtain a lien on property

by Beth
(Tallahassee, FL)

Is there a process for requesting and obtaining a lien on my ex husband's property, for past due child support?

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