Small claims is the simplified track of Florida’s county courts, designed for money disputes of $8,000 or less. This article covers what a hearing in that track actually involves and how parties get ready for it: the pretrial conference that comes first, organizing evidence, arranging witnesses, mediation, and the trial itself. It is one of the procedures explained in the overview of Florida small claims court.
The pretrial conference comes first
After filing a small claims case in Florida and serving the other side, the date printed on the notice to appear is usually not a trial. Under the Florida Small Claims Rules, the first appearance is a pretrial conference, which the clerk sets within 50 days of the date the case was filed. Both parties appear in person unless the court allows otherwise.
At the pretrial conference, the judge or hearing officer asks each side whether they admit or deny the claim. A party who admits the debt can arrange payment or settle on the spot. A party who denies it, disputes the amount, or raises a legal defense moves the case forward. The conference is also where the court narrows the contested issues, often refers the parties to mediation, and sets a trial date if the dispute is not resolved.
Florida’s county courts have jurisdiction over these actions under Fla. Stat. § 34.01. A dispute above the $8,000 small claims threshold still belongs in county court, but it proceeds as a regular civil case under the full Rules of Civil Procedure rather than the streamlined small claims track. Local practice varies, so the clerk of court in the county where the case was filed is the source for that county’s specific procedures.
Organize your evidence and documents
A small claims case is decided on what each side can prove. Useful evidence includes the contract or agreement, invoices, receipts, canceled checks, bank records, photographs, and any text messages, emails, or letters between the parties. Documents that show dates and amounts carry more weight than a general account of events.
Bring the originals along with at least two copies of each document: one for the judge and one for the other side. The rules of evidence apply at a small claims trial, but the Florida Small Claims Rules direct that they be liberally construed, and the trial is conducted informally. Organizing documents in the order the events happened makes them easier to walk through when the judge asks.
A plaintiff carries the burden of proving the claim. As the Florida Bar explains, a plaintiff suing on a debt generally has to prove that it owns the debt, that the defendant is responsible for it, and the exact amount owed. A defendant who disputes the amount can ask, at the pretrial conference, for the documents that back up the figure.
Line up your witnesses
Witnesses are people with firsthand knowledge of the facts: someone who saw the work that was done, signed the agreement, or inspected the damage. A witness who agrees to attend can simply come to the trial. A witness who will not attend voluntarily can be compelled by subpoena.
The Florida Small Claims Rules incorporate parts of the Florida Rules of Civil Procedure, including the subpoena process, which lets a party require a witness to appear or to bring documents to the trial. A subpoena is issued through the clerk of court and served on the witness ahead of the trial date. Because timing and local procedure differ, the clerk’s office confirms how far in advance a subpoena has to be served in that county.
Mediation often comes before trial
Florida courts frequently order the parties to mediation at or shortly after the pretrial conference. Mediation is a meeting with a neutral third party who helps the sides try to reach an agreement. The mediator does not decide the case and cannot order either side to agree to anything.
Mediation is often free for small claims parties, and in many counties it happens the same day as the pretrial conference. If the parties reach an agreement, it is written down and signed, and it becomes binding. A party considering a settlement can check the total amount, any interest rate, and the payment schedule before signing, since the signed agreement controls what happens next. If mediation does not produce an agreement, the case proceeds to the trial date the court set.
What happens at the trial
A small claims trial is conducted informally but with the decorum of a courtroom. The judge swears in the parties and witnesses, then each side presents its evidence and testimony. The plaintiff goes first, explaining the claim and introducing documents and witnesses; the defendant then responds and presents a defense. Each side can ask questions of the other’s witnesses.
The judge often announces a decision at the end of the trial and later issues a written judgment stating the amount owed, which can include costs and interest. A party that does not appear at trial risks a default judgment; the process for entering and setting aside one is covered in default judgment in Florida small claims. A party that loses and wants to challenge the result has a limited window to appeal, a separate process with its own deadlines.
Read the notice to appear closely
Confirm the date, time, and location, and note that the first appearance is a pretrial conference rather than a trial. Calendar the date immediately, since missing it can end the case.
Decide whether you admit or deny the claim
Come ready to tell the court whether you accept the claim, dispute the amount, or have a legal defense. This is the question the judge asks first at the pretrial conference.
Gather and copy your documents
Collect the contract, invoices, receipts, photographs, and messages that prove dates and amounts. Bring the originals plus a copy for the judge and a copy for the other side.
Arrange your witnesses
Confirm that anyone with firsthand knowledge can attend the trial. For a witness who will not come voluntarily, ask the clerk about issuing a subpoena well before the trial date.
Prepare for mediation
Because the court often refers the case to mediation, decide in advance what terms would resolve the dispute and what figures you can document.
Confirm local procedures with the clerk
Practice differs by county. Ask the clerk of court about local rules, whether remote appearances are allowed, and what to bring.
Appearing remotely and other local differences
Whether a party can appear by phone or video for a hearing or mediation varies by county and by judge. The number of courts allowing remote appearances has grown, but it is not universal, and a request has to be made to the specific court. Anyone granted a remote appearance reviews the court’s instructions carefully, since several hearings may be scheduled in the same block of time.
Other details also differ between counties: where the clerk’s office accepts filings, how subpoenas are handled, and how mediation is scheduled. The clerk of court in the county where the case was filed is the reliable source for that county’s current practice.
Frequently asked questions
Is the first small claims court date a trial?
Usually not. In Florida, the first appearance is a pretrial conference. The judge asks whether each side admits or denies the claim, may refer the case to mediation, and sets a trial date if the dispute is not resolved. The trial happens on that later date.
What should I bring to a small claims hearing?
Bring the documents that prove your side: the contract or agreement, invoices, receipts, bank records, photographs, and relevant messages. Bring the originals plus a copy for the judge and a copy for the other party. If witnesses have firsthand knowledge of the facts, arrange for them to attend.
What happens if the other party does not show up?
If a defendant who was properly served does not appear, the court can enter a default judgment for the plaintiff. If the plaintiff does not appear, the case can be dismissed. The details of how a default judgment is entered and challenged are covered in the article on default judgment in Florida small claims.
Do I need a lawyer for a Florida small claims hearing?
A lawyer is not required in small claims, and many parties represent themselves. Parties may consult an attorney before the hearing to understand how to present a case, and some local courts or bar associations offer free classes on the small claims process.
Can I appear by phone or video?
It depends on the county and the judge. Many Florida courts now allow remote appearances for hearings and mediation, but the option is not available everywhere. A party who wants to appear remotely contacts the court in advance to ask whether it is permitted.
What if I am not ready by the trial date?
A party can ask the court for a continuance, but the court decides whether to grant one, and a pending request does not excuse appearing on the scheduled date. Gathering documents and witnesses early avoids the need to ask.
Sources
- Florida Courts Help: Small Claims (the court process and the $8,000 limit)
- Florida Small Claims Rules, effective January 1, 2026 (Office of the State Courts Administrator / The Florida Bar)
- The Florida Bar: Small Claims, the pretrial hearing, mediation, and trial
- Fla. Stat. § 34.01, Jurisdiction of county court