Asked in Consumer Law, Contracts and Civil Litigation for Florida

Q: What's a pleading? Is there a template?

I am the party (individual) initiating the action against another individual who operates a business. I have already submitted a statement of claim which was accepted and the process has moved forward. Now I need to submit a pleading and I'm pretty lost.

2 Lawyer Answers

A: There are a mountain of various types of pleadings and a lawyer would need to know what you are trying to achieve or if you have been ordered by the court to submit a pleading, then the wording of the pleading. This site is not meant to teach someone how to proceed pro se with litigation. It is for general advice only.

If you filed a statement of claim and your damages are $500 you must be in small claims court. You should read the Florida Rules of Small Claims. They are available on: https://www-media.floridabar.org/uploads/2020/01/Small-Claims-Rules-01-01-20-Final.pdf.

The judges in a small claims case generally direct the parties on the procedures. You can also find many of the forms you need on the website for the clerk of court in the county where you filed the case or in the rule book. If you find you are not understanding how to proceed check with the bar association of the county where you filed the case to see if they have a pro se clinic or offer pro bono services.

Charles M. Baron agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: A statement of claim such as the one you filed is a pleading. Typically under the small claims rules, that is all you would need to file. What makes you think you need to file an additional pleading?

Charles M. Baron agrees with this answer

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