Florida Claims Process

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Florida Claims Process

Florida Courts with Jurisdiction Over Civil Matters

FL

County Trial Courts Have original jurisdiction over civil cases with an amount in controversy of $15,000 or less. Circuit Trial Courts Have original jurisdiction in most controversies, including civil actions with an amount in controversy of more than $15,000. Circuit courts also handle appeals from county courts. District Court of Appeals The intermediate appellate court, hearing appeals from the circuit trial courts. Supreme Court The highest court; decisions are binding authority for County, Circuit and Appeals courts.

$15,000 $15,000 County Trial Courts

District Court of Appeals

Supreme Court

intermediate

the highest

appellate court

court

Circuit Trial Courts

Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 20 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.

Discovery

After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:

Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.

Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.

Trial

Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.

Trials can take from 1 Day

If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.

to 2 Weeks

Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in Florida.

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