The Small Stuff

Today is back to basics Tuesday, just because I feel like it. Some time ago, I described the difference between the American federal and state systems. I did not get into much, if any, detail about the state court system which has its own divisions and jurisdictions. Why does this impact you? Because which court you are before determines (among other things) how much is at stake and typically impacts the length of the proceedings.

So, let's start with the small fry, Small Claims Court. To proceed here, you need an amount in controversy less than $5,000. This makes Small Claims Court the real People's Court, so to speak. You don't need all the bells and whistles you require for the larger disputes, as most of the Court filings and papers are standard forms and service can be made by registered letter (as opposed to hiring a process server to come out and deliver the papers to you personally, which isn't the least bit harassing or embarrassing). When it comes to Small Claims Court, a lot of people choose to represent themselves.

Here, things move pretty quickly. There is typically just one hearing before the Court to schedule a trial and make sure you got the proper paperwork. At that one hearing, the Court will figure out how long the trial will take, who will be the witnesses, what evidence the parties will try to present and figure out the scheduling of a mediation before the trial. If you don't recall what a mediation is, you can check my prior postings (kaijacobs.blogspot.com).

Once you get past this pre-trial conference, you are set for trial. It rarely lasts more than an hour and the judge tends to expedite things as much as possible (at least that's my experience in Miami-Dade County). I have not encountered someone who spent days or weeks in trial in Small Claims Court.

Justice moves pretty swiftly here. You are typically in and out of Small Claims Court in 90 days or less. Many people choose to represent themselves here because the disputes are small, the procedures pretty simple, the disputes are mostly consumer or service transaction problems and have a simple factual predicate to sort out. Not a lot of discovery, expert witnesses, subpoenas, offers of judgment, motions for summary judgment, depositions or requests for referral to arbitration here in this division.

Small Claims Court has its own set of rules separate and distinct from County or Circuit Court (which we will discuss tomorrow and Thursday). You can find them at www.flabar.org.