What does a pre trial order means on a Small Claims Law Suit? I have a Countersuit in a higher amount that the frivolous lawsuit

Asked over 2 years ago - Miami, FL

Filed against me, I also spent money with counsel, the plaintiff has defaulted twice but the Judge re open after he got an attorney on the frivolous lawsuit after it was stale for seven months just because I made a motion to Dismiss and for attorneys fees under FL 57.105. And to not to have to pay he found an attorney willing to represent him. And the Judge set a trial date. And pre trial order. What does that mean? I never received a dime and the Plaintiff defaulted twice. What to do?

Attorney answers (3)

  1. Robert Lincoln

    Contributor Level 10

    Answered . At the very least, you need to confer with an attorney regarding whether your counterclaims are worth anything. Also, you will need to prepare a defense to the claim if it is set for a trial, and generally comply with requirements of the pre-trial order.

  2. James Adrian Cueva

    Pro

    Contributor Level 13

    Answered . You question is a bit unclear. In small claims, a pre-trial conference is set prior to trial. The presiding judge will order both parties to mediation to see if the case can be resolved. If not, the case is set for trial. If either party fails to appear, the other side who shows up can move for a dismissal.

    A pre-trial Order, either in County or Circuit Civil, is an order issued by the judge that contains certain deadlines that need to be met before trial, such as the filing of witness and exhibit lists, discovery deadlines, deadlines for filing motions, and for completing mediation. The county or circuit civil court will also have a calendar call or a pre-trial conference. The pre-trial order will have the date of the calendar call/pre-trial conference. If either party fails to appear for the calendar call/pre-trial conference (some judges call it a calendar call others call it a pre-trial conferece--some even call it a docket sounding) their case may be dismissed.

    I hope this helps. If you hired a lawyer he/she should be able to explain all of this to you. If you are on your own, I wish you good luck!

    The information on this website is provided as a service to the public. While the information on this site deals... more
  3. Anne Whalen Gill

    Contributor Level 13

    Answered . A pre-trial order sets general requirements that the court has in all cases. You will need to comply with any requirements it sets out. But, with the complex background you present, you should consult with counsel to evaluate your position and deveelop an effective strategy for going forward.

    Good luck!

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with... more

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