(a)Time. The trial date shall be set by the court at the pretrial conference.(b)Determination. Issues shall be settled and motions determined summarily.(c)Pretrial. The pretrial conference should narrow contested factual issues. The case may proceed to trial with the consent of both parties.(d)Settlement. At any time before judgment, the judge shall make an effort to assist the parties in settling the controversy by conciliation or compromise.(e)Unrepresented Parties. In an effort to further the proceedings and in the interest of securing substantial justice, the court shall assist any party not represented by an attorney on: (2) order of presentation of material evidence; and(3) handling private information. The court may not instruct any party not represented by an attorney on accepted rules of law. The court shall not act as an advocate for a party.
(f)How Conducted. The trial may be conducted informally but with decorum befitting a court of justice. The rules of evidence applicable to trial of civil actions apply but are to be liberally construed. At the discretion of the court, testimony of any party or witness may be presented over the telephone. Additionally, at the discretion of the court an attorney may represent a party or witness over the telephone without being physically present before the court. Any witness utilizing the privilege of testimony by telephone as permitted in this rule shall be treated for all purposes as a live witness, and shall not receive any relaxation of evidentiary rules or other special allowance. A witness may not testify over the telephone in order to avoid either the application of Florida's perjury laws or the rules of evidence.Amended July 14, 2022, by Order No. SC21-990 effective 10/1/2022; amended by 123 So. 3d 41, effective 1/1/2014; amended by 80 So.3d 317, effective 10/1/2011; amended by 682 So.2d 1075, effective 1/1/1997; amended by 537 So.2d 81, effective 1/1/1989; amended by 461 So.2d 1344, effective 1/1/1985.Committee Notes
1984 Amendment. (a) Changed to conform this rule with the requirement for pretrials.
(c) Allows the cases to proceed to trial with consent of the parties.
(f) This is similar to the proposed amendment to the Florida Rules of Civil Procedure to allow depositions by telephone. Since the court has discretion to allow this testimony, all procedural safeguards could be maintained by the court. Since the court is also the trier of fact, the testimony could be rejected if unreliable.
1988 Amendment. Extends the taking of testimony over the telephone to include parties, deletes the agreement of the parties provision, and adds authorization for an attorney to represent a party or witness over the telephone without being physically present before the court.
1996 Amendment. The revised version of subdivision (e) addresses the need to expressly provide that the judge, while able to assist an unrepresented party, should not act as an advocate for that party.
2011 Amendment. Subdivision (e)(3) was added so that a judge can assist an unrepresented party in the handling of private information that might otherwise inadvertently become public by placement in the court file.