How to File a Lawsuit Without a Lawyer in Florida: Pro Se Litigation Guide

If you only remember one point about filing a lawsuit without a lawyer in Florida, remember this: Florida calls the opening paper a complaint (or statement of claim in small claims). Self-represented parties file in circuit court (county court for civil claims within county jurisdiction). Natural persons may appear pro se. Corporations and LLCs generally must be represented by a Florida Bar member in circuit/county court (small claims has limited non-lawyer appearance rules for certain entities). Procedure, examples, and the opinions below hang off Florida Rules of Civil Procedure. E-filing: Florida Courts E-Filing Portal. Florida generally requires attorneys to e-file; self-represented parties may e-file or file paper depending on local administrative orders. Many clerks encourage portal filing for pro se civil cases. Service: Fla. R. Civ. P. 1.070; Fla. Stat. ch. 48. Small claims: county court small-claims rules (Fla. Sm. Cl. R.) (generally up to $8,000).

Can you litigate pro se in Florida?

Natural persons may appear pro se. Corporations and LLCs generally must be represented by a Florida Bar member in circuit/county court (small claims has limited non-lawyer appearance rules for certain entities).

Pro se (sometimes in propria persona or self-represented) means you speak for yourself. Courts often construe pro se papers liberally on formatting, but they do not invent claims you failed to plead, excuse missed statutes of limitation, or waive service defects. If a corporation is on the other side with counsel, you will still be held to the Florida Rules of Civil Procedure.

Florida courts and clerk self-help pages publish small-claims and landlord-tenant packets; The Florida Bar consumer resources complement clerk forms.

Florida opinions on pro se practice

State v. Spencer

State v. Spencer, 751 So. 2d 47 (1999)

…itioner. Randy Lavern Spencer, Jasper, Florida, Respondent, pro se. PARIENTE, J. We have for review the opinion in Spencer v. State, 717 So.2d 95 (Fla. 1st DCA 1998), which certified conflict with the opinion in Huffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The relevant facts are set forth in the opinion below: Spen…

On pro se, State v. Spencer speaks to the Florida dispute in this passage: "Randy Lavern Spencer, Jasper, Florida, Respondent, pro se. PARIENTE, J. We have for review the opinion in Spencer v. State, 717 So.2d 95 (Fla. 1st DCA 1998), which certified conflict with the opinion in Huffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). We have jurisdiction." The surrounding opinion shows how the court applied that language to the record.

Logan v. State

Logan v. State, 846 So. 2d 472 (2003)

…Court of Florida. April 17, 2003. *473 Arthur Joseph Logan, pro se, St. Augustine, and Levy Riggins, pro se, Miami, for Petitioners. No Appearance, for Respondent. PER CURIAM. Petitioner Arthur Joseph Logan has filed a petition for a writ of habeas corpus, see art. V, § 3(b)(9), Fla. Const., challenging the trial court's denial of both his pro se motion to dismiss the charges a…

Florida opinions such as Logan v. State are cited where pro se is disputed. The court stated: "Court of Florida. April 17, 2003. *473 Arthur Joseph Logan, pro se, St. Augustine, and Levy Riggins, pro se, Miami, for Petitioners. No Appearance, for Respondent. PER CURIAM. Petitioner Arthur Joseph Logan has filed a petition for a writ of habeas corpus, see art." That is the language to brief; the rest of the decision supplies the procedural posture.

Kohn v. City of Miami Beach

Kohn v. City of Miami Beach, 1992 Fla. App. LEXIS 12346 (1992)

…0). Raised in this case, is the issue of whether Kohn, as a pro se litigant, should be treated differently from litigants in similar situations, represented by counsel. We conclude that it is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney. Section 454.18, Florida Statutes (1991) clearly provides "any person ... may conduct his own…

Kohn v. City of Miami Beach is worth reading on Florida pro se because the court put the point in its own words: "Raised in this case, is the issue of whether Kohn, as a pro se litigant, should be treated differently from litigants in similar situations, represented by counsel. We conclude that it is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney." Use that passage as the starting point, then read the facts that precede it.

Gladstone v. Smith

Gladstone v. Smith, 729 So. 2d 1002 (1999)

…ng Denied May 5, 1999. *1003 Irve Gladstone, Boynton Beach, pro se. Paul S. Stuart of Stuart & Walker, P.A., for Appellees Merrill Lynch, Pierce, Fenner & Smith, Incorporated and Paul S. Stuart, Esq. PER CURIAM. In these consolidated cases, Appellant Irve Gladstone appeals an order dismissing his claims against various defendants. We affirm. Representing himself, Gladstone file…

Florida opinions such as Gladstone v. Smith are cited where pro se is disputed. The court stated: "Denied May 5, 1999. *1003 Irve Gladstone, Boynton Beach, pro se. Paul S. Stuart of Stuart & Walker, P.A., for Appellees Merrill Lynch, Pierce, Fenner & Smith, Incorporated and Paul S. Stuart, Esq. PER CURIAM." That is the language to brief; the rest of the decision supplies the procedural posture.

Platel v. MAGUIRE, VOORHIS & WELLS, PA

Platel v. MAGUIRE, VOORHIS & WELLS, PA, 1983 Fla. App. LEXIS 22565 (1983)

…er *305 Mr. Platel should be allowed to continue to proceed pro se in this court.[1] The remainder of Mr. Platel's response contains arguments regarding the merits of his various cases before this court. We do not condemn all of Mr. Platel's causes as frivolous. In fact, we issued an opinion favorable to him in Platel v. Maronda Homes, Inc. of Florida, 423 So.2d 627 (Fla. 5th D…

Practitioners open Platel v. MAGUIRE, VOORHIS & WELLS, PA when Florida pro se turns on the distinction in this sentence: "Mr. Platel should be allowed to continue to proceed pro se in this court.[1] The remainder of Mr. Platel's response contains arguments regarding the merits of his various cases before this court. We do not condemn all of Mr. Platel's causes as frivolous." Do not lift it out of the facts the court was deciding.

In Re Family Law Rules of Procedure

In Re Family Law Rules of Procedure, 20 Fla. L. Weekly Supp. 365 (1995)

…proposed rules given the large amount of pro bono work and pro se litigants in this area; (3) the mandatory disclosure requirements; and (4) the requirements placed on psychologists in the evaluation of children. We first address the concerns regarding the total incorporation of the civil rules. Essentially, the Committee lifted the text of the civil rules and placed it into t…

In Re Family Law Rules of Procedure is worth reading on Florida pro se because the court put the point in its own words: "We first address the concerns regarding the total incorporation of the civil rules." Use that passage as the starting point, then read the facts that precede it.

Brad M. BOLTON and Teresa B. Bolton v. SE PROPERTY HOLDINGS, LLC, as Successor to Vision Bank and Pa — Rowe, J

Brad M. BOLTON and Teresa B. Bolton v. SE PROPERTY HOLDINGS, LLC, as Successor to Vision Bank and Pa — Rowe, J, 2013 Fla. App. LEXIS 18796 (2013)

…-tons after they defaulted on the loan. The Boltons filed a pro se answer to the complaint, which included affirmative defenses and counter-claims. There were many disputes during the discovery process; ultimately, the trial court sanctioned the Bol-tons for failing to abide by the court’s orders by striking their pleadings and entering a default judgment in favor of the bank o…

On pro se, Brad M. BOLTON and Teresa B. Bolton v. SE PROPERTY HOLDINGS, LLC, as Successor to Vision Bank and Pa — Rowe, J speaks to the Florida dispute in this passage: "The Boltons filed a pro se answer to the complaint, which included affirmative defenses and counter-claims." The surrounding opinion shows how the court applied that language to the record.

In Re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE-MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION

In Re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE-MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 34 Fla. L. Weekly Supp. 336 (2009)

…ppropriate cases. We further added language to clarify that pro se parties are to be included in any conferences or meetings contemplated by the rule. In subdivision (b)(1) we clarified that "submitted to the court" means "filed with the clerk of the court" to avoid potential confusion. Regarding the concern of one of the commentators that (b)(1)(D) needs clarification, we read…

Practitioners open In Re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE-MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION when Florida pro se turns on the distinction in this sentence: "We further added language to clarify that pro se parties are to be included in any conferences or meetings contemplated by the rule. In subdivision (b)(1) we clarified that 'submitted to the court' means 'filed with the clerk of the court' to avoid potential confusion." Do not lift it out of the facts the court was deciding.

Walking through Florida facts

Use this walkthrough to see which Florida authority does the work at each step.

A person in Florida wants to sue without a lawyer and has not yet filed anything.

1. Confirm you may appear without counsel: Natural persons may appear pro se. Corporations and LLCs generally must be represented by a Florida Bar member in circuit/county court (small claims has limited non-lawyer appearance rules for certain entities).
2. Draft a complaint (or statement of claim in small claims) and file it in circuit court (county court for civil claims within county jurisdiction). E-filing: Florida generally requires attorneys to e-file; self-represented parties may e-file or file paper depending on local administrative orders. Many clerks encourage portal filing for pro se civil cases.
3. Serve under Fla. R. Civ. P. 1.070; Fla. Stat. ch. 48. Serve process under chapter 48 and Rule 1.070 — personal service by the sheriff or a certified process server is most common. File the return of service. Substitute and constructive service have strict statutory steps.
4. Expect discovery under Fla. R. Civ. P. 1.280–1.380 govern discovery. Small claims use informal pretrial conferences with limited discovery unless the case is transferred to regular civil rules. A jury demand follows Demand a jury under Fla. R. Civ. P. 1.430 for eligible claims. Small claims are typically non-jury unless transferred.

Missing service or a limitations deadline is not excused because the filer is pro se in Florida. The evidence companion is the Florida evidence guide.

Role of the judge and the jury

• The judge decides questions of law: what the statute means, whether a pleading states a claim, which evidence is admissible, and how the jury (if any) is instructed. In bench trials and most small-claims matters, the judge also finds the facts.
• The jury decides disputed questions of fact in jury-eligible civil cases when a timely demand is made and any jury fee is paid.
• Demand a jury under Fla. R. Civ. P. 1.430 for eligible claims. Small claims are typically non-jury unless transferred.

Practical tip: decide before filing whether you want a jury. Late demands are often waived. Small-claims paths (county court small-claims rules (Fla. Sm. Cl. R.)) usually trade speed for no jury and limited discovery.

Pleadings: complaint, answer, and motions

Pleadings are the formal papers that frame the lawsuit. In Florida the plaintiff's opening paper is typically a complaint (or statement of claim in small claims). It should:

1. Identify the parties and the court (circuit court (county court for civil claims within county jurisdiction) or the small-claims forum).
2. Allege facts that, if true, entitle you to relief under a recognized claim.
3. Demand judgment (money, injunction, declaratory relief, or other remedies the court can grant).
4. Include a jury demand if you want one and the claim is jury-triable.

The defendant responds with an answer (admissions, denials, affirmative defenses) and/or a motion to dismiss challenging legal sufficiency, jurisdiction, or service. Later motions (compel discovery, summary judgment, limine) are usually not “pleadings” in the technical sense, but they drive most civil cases.

Florida pleadings opinions

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC, 33 Fla. L. Weekly Supp. 503 (2008)

…11(1), Fla. Stat. (2006). On April 7, 2006, Pro-Art filed a Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Motion to Quash Service of Process, but did not file an answer or assert any affirmative defenses. In its motion to dismiss, Pro-Art correctly contended that (1) the county court lacked subject-matter jurisdiction because section 26.012(2)(f), Florida Statut…

On pleadings, Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC speaks to the Florida dispute in this passage: "Fla. Stat. (2006). On April 7, 2006, Pro-Art filed a Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Motion to Quash Service of Process, but did not file an answer or assert any affirmative defenses." The surrounding opinion shows how the court applied that language to the record.

Gladstone v. Smith

Gladstone v. Smith, 729 So. 2d 1002 (1999)

…. On April 9, 1997, the trial court granted Merrill Lynch's motion to dismiss without prejudice; the order permitted Gladstone to file another amended complaint against Merrill Lynch "with the prerequisite that it be done through counsel...." Gladstone did not file another complaint. The trial judge entered a final order of dismissal with prejudice on September 30, 1997. The or…

On pleadings, Gladstone v. Smith speaks to the Florida dispute in this passage: "On April 9, 1997, the trial court granted Merrill Lynch's motion to dismiss without prejudice; the order permitted Gladstone to file another amended complaint against Merrill Lynch 'with the prerequisite that it be done through counsel....' Gladstone did not file another complaint." The surrounding opinion shows how the court applied that language to the record.

In Re Florida Rules of Criminal Procedure

In Re Florida Rules of Criminal Procedure, 1967 Fla. LEXIS 3956 (1967)

…service must accompany the filing of any such pleading. (b) Motion to Dismiss. — (1) Grounds. — All defenses available to a defendant by plea, other than not guilty, shall be made only by motion to dismiss the indictment, information or affidavit, whether the same shall relate to matters of form, substance, former acquittal, former jeopardy, or any other defense. (c) Time for M…

On pleadings, In Re Florida Rules of Criminal Procedure speaks to the Florida dispute in this passage: "Grounds. — All defenses available to a defendant by plea, other than not guilty, shall be made only by motion to dismiss the indictment, information or affidavit, whether the same shall relate to matters of form, substance, former acquittal, former jeopardy, or any other defense." The surrounding opinion shows how the court applied that language to the record.

HARTFORD ACCIDENT & INDEMNITY COMPANY v. U.S.C.P. CO.

HARTFORD ACCIDENT & INDEMNITY COMPANY v. U.S.C.P. CO., 515 So. 2d 998 (1987)

…ion for writ of certiorari, of orders, denying petitioner’s motion to dismiss Count II of respondent’s crossclaim, requiring petitioner to answer certain interrogatories and an order to produce documents and memoran-da. We deny certiorari review of the order denying petitioner’s motion to dismiss and the order requiring petitioner to answer certain interrogatories. We grant cer…

On pleadings, HARTFORD ACCIDENT & INDEMNITY COMPANY v. U.S.C.P. CO. speaks to the Florida dispute in this passage: "Count II of respondent’s crossclaim, requiring petitioner to answer certain interrogatories and an order to produce documents and memoran-da." The surrounding opinion shows how the court applied that language to the record.

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 2000 Fla. LEXIS 2312 (2000)

…nt order of dismissal. (g) Time for Moving for Dismissal. A motion to dismiss based on forum non conveniens shall be served not later than 60 days after service of process on the moving party. (h) Retention of Jurisdiction. The court shall retain jurisdiction after the dismissal to enforce its order of dismissal and any conditions and stipulations in the order. Court Commentary…

On pleadings, AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE speaks to the Florida dispute in this passage: "Time for Moving for Dismissal. A motion to dismiss based on forum non conveniens shall be served not later than 60 days after service of process on the moving party. (h) Retention of Jurisdiction." The surrounding opinion shows how the court applied that language to the record.

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION, 1966 Fla. LEXIS 3341 (1966)

…ence has been added to the present Rule 1.8 (d) to permit a motion to dismiss for failure to state a cause of action to take advantage of an affirmative defense appearing on the face of the pleading to which the motion is directed. If the pleader affirmative show that he has no claim in his pleading, the claim should be disposed of at the earliest possible stage. This will elim…

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION is worth reading on Florida pleadings because the court put the point in its own words: "Rule 1.8 (d) to permit a motion to dismiss for failure to state a cause of action to take advantage of an affirmative defense appearing on the face of the pleading to which the motion is directed." Use that passage as the starting point, then read the facts that precede it.

In Re Florida Bar, Rules of Civil Procedure

In Re Florida Bar, Rules of Civil Procedure, 339 So. 2d 626 (1976)

…wick, Jr., Sarasota. PER CURIAM. Appended to this order are amended and new rules which govern all proceedings within their scope after 12:01 a.m., January 1, 1977. All conflicting rules and statutes are hereby superseded, and any statute not superseded shall remain in effect as a rule promulgated by the Supreme Court. The committee notes are not adopted by the Court. It is so…

Practitioners open In Re Florida Bar, Rules of Civil Procedure when Florida pleadings turns on the distinction in this sentence: "Jr., Sarasota. PER CURIAM. Appended to this order are amended and new rules which govern all proceedings within their scope after 12:01 a.m., January 1, 1977." Do not lift it out of the facts the court was deciding.

All Pro Sports Camp, Inc. v. Walt Disney

All Pro Sports Camp, Inc. v. Walt Disney, 1999 Fla. App. LEXIS 2184 (1999)

…and model. Disney did not answer the complaint, but filed a motion to dismiss asserting that All Pro could not state a claim upon which relief could be granted. Disney argued that a federal lawsuit was previously filed by All Pro against Disney, which included a federal copyright infringement claim and the same claims made in the state case. In the federal case, the district co…

Florida opinions such as All Pro Sports Camp, Inc. v. Walt Disney are cited where pleadings is disputed. The court stated: "Disney did not answer the complaint, but filed a motion to dismiss asserting that All Pro could not state a claim upon which relief could be granted." That is the language to brief; the rest of the decision supplies the procedural posture.

How to file and serve in Florida

Filing

1. Choose the correct forum: circuit court (county court for civil claims within county jurisdiction) for larger or complex civil cases; county court small-claims rules (Fla. Sm. Cl. R.) when your claim fits generally up to $8,000.
2. Prepare the complaint (or statement of claim in small claims) (and any required cover sheet, civil case information statement, or summons).
3. Pay the filing fee or apply for a fee waiver / indigency finding as Florida practice allows.
4. Obtain a signed summons (or local equivalent) from the clerk after the case is opened.

Governing procedure: Florida Rules of Civil Procedure.

Service of process

Filing alone does not start the clock against the defendant in a meaningful way — service does. Authority: Fla. R. Civ. P. 1.070; Fla. Stat. ch. 48.

Serve process under chapter 48 and Rule 1.070 — personal service by the sheriff or a certified process server is most common. File the return of service. Substitute and constructive service have strict statutory steps.

Defective service is one of the most common reasons pro se cases are dismissed without prejudice (or worse, delayed until limitations problems appear). Keep copies of every affidavit or return.

Florida service opinions

THE FLORIDA BAR. In re RULES OF CIVIL PROCEDURE

THE FLORIDA BAR. In re RULES OF CIVIL PROCEDURE, 1980 Fla. LEXIS 4428 (1980)

…d by the court. RULE 1.070 PROCESS (i) Pleading Basis. When service of process is to be made under statutes authorizing service on nonresidents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service. Committee Note: Subdivision (i) is added in 1980 to eliminate pleading evidentiary facts for “long…

Florida opinions such as THE FLORIDA BAR. In re RULES OF CIVIL PROCEDURE are cited where service of process is disputed. The court stated: "RULE 1.070 PROCESS (i) Pleading Basis. When service of process is to be made under statutes authorizing service on nonresidents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service." That is the language to brief; the rest of the decision supplies the procedural posture.

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 2000 Fla. LEXIS 2312 (2000)

…led in that forum on the date it was filed in Florida, with service of process accepted as of that date. (d) Failure to Refile Promptly. When an action is dismissed in Florida for forum non conveniens, plaintiffs shall automatically be deemed to stipulate that they will lose the benefit of all stipulations made by the defendant, including the stipulation provided in subdivision…

Practitioners open AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE when Florida service of process turns on the distinction in this sentence: "Florida, with service of process accepted as of that date. (d) Failure to Refile Promptly." Do not lift it out of the facts the court was deciding.

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION, 1966 Fla. LEXIS 3341 (1966)

…d for service without praecipe. (b) Service — By Whom Made. Service of process may be made by any officer authorized by law to serve process but if such officer shall be disqualified or unable to act for any reason, the court may appoint any competent person not interested in the action to serve such process. The person serving process shall make proof of service promptly and i…

On service of process, In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION speaks to the Florida dispute in this passage: "Service — By Whom Made. Service of process may be made by any officer authorized by law to serve process but if such officer shall be disqualified or unable to act for any reason, the court may appoint any competent person not interested in the action to serve such process." The surrounding opinion shows how the court applied that language to the record.

AMENDMENT TO FLORIDA RULE OF CIVIL PROCEDURE 1.070(j)—TIME LIMIT FOR SERVICE

AMENDMENT TO FLORIDA RULE OF CIVIL PROCEDURE 1.070(j)—TIME LIMIT FOR SERVICE, 23 Fla. L. Weekly Supp. 493 (1998)

…Civil Procedure 1.070(j), which governs the time limit for service of process. Rule 1.070(j) currently provides as follows: (j) Summons; Time Limit. If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading and the party on whose behalf service is required does not show good cause why service was no…

AMENDMENT TO FLORIDA RULE OF CIVIL PROCEDURE 1.070(j)—TIME LIMIT FOR SERVICE is worth reading on Florida service of process because the court put the point in its own words: "Civil Procedure 1.070(j), which governs the time limit for service of process. Rule 1.070(j) currently provides as follows: (j) Summons; Time Limit." Use that passage as the starting point, then read the facts that precede it.

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE (TWO YEAR CYCLE) — Lewis, J., concurring in part and dissenting

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE (TWO YEAR CYCLE) — Lewis, J., concurring in part and dissenting, 28 Fla. L. Weekly Supp. 797 (2003)

…ed for service without praecipe. (b) Service; By Whom Made. Service of process may be made by an officer authorized by law to serve process, but the court may appoint any competent person not interested in the action to serve the process. When so appointed, the person serving process shall make proof of service by affidavit promptly and in any event within the time during which…

Practitioners open AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE (TWO YEAR CYCLE) — Lewis, J., concurring in part and dissenting when Florida service of process turns on the distinction in this sentence: "Service; By Whom Made. Service of process may be made by an officer authorized by law to serve process, but the court may appoint any competent person not interested in the action to serve the process." Do not lift it out of the facts the court was deciding.

In Re: Amendments to Florida Rule of Civil Procedure 1.570 and Form 1.914.

In Re: Amendments to Florida Rule of Civil Procedure 1.570 and Form 1.914., 244 So. 3d 1009 (2018)

…ust be served as provided by law and rules of procedure for service of process. However, due to our concerns over some of the language employed by the Committee in the proposed rule, and the use of phrases not defined in either the Florida Rules of Civil Procedure generally or specifically in rule 1.570, we modify the proposed new subdivision to read as follows, and adopt it wi…

On service of process, In Re: Amendments to Florida Rule of Civil Procedure 1.570 and Form 1.914. speaks to the Florida dispute in this passage: "However, due to our concerns over some of the language employed by the Committee in the proposed rule, and the use of phrases not defined in either the Florida Rules of Civil Procedure generally or specifically in rule 1." The surrounding opinion shows how the court applied that language to the record.

Pro-Art Dental Lab v. V-Strategic Group

Pro-Art Dental Lab v. V-Strategic Group, 959 So. 2d 753 (2007)

…for lack of subject matter jurisdiction and motion to quash service of process. The motions challenged the jurisdiction of the county court and the landlord's entitlement to use the summary procedure of section 51.011, Florida Statutes (2006). The trial court denied the motion to dismiss on April 28, 2006. The landlord orally advised the trial court that the tenant had not file…

Practitioners open Pro-Art Dental Lab v. V-Strategic Group when Florida service of process turns on the distinction in this sentence: "The motions challenged the jurisdiction of the county court and the landlord's entitlement to use the summary procedure of section 51.011, Florida Statutes (2006). The trial court denied the motion to dismiss on April 28, 2006." Do not lift it out of the facts the court was deciding.

In Re Amendments to Rules of Civ. Procedure

In Re Amendments to Rules of Civ. Procedure, 32 Fla. L. Weekly Supp. 606 (2007)

…ce by Mail. (1) Notice of Lawsuit and Request for Waiver of Service of Process. NOTICE OF COMMENCEMENT OF ACTION TO: (Name of defendant or defendant's representative) A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (Circuit or County) Court for the…

Florida opinions such as In Re Amendments to Rules of Civ. Procedure are cited where service of process is disputed. The court stated: "Mail. (1) Notice of Lawsuit and Request for Waiver of Service of Process. NOTICE OF COMMENCEMENT OF ACTION TO: (Name of defendant or defendant's representative) A lawsuit has been commenced against you (or the entity on whose behalf you are addressed)." That is the language to brief; the rest of the decision supplies the procedural posture.

Registering for e-filing

Florida's primary electronic filing path is Florida Courts E-Filing Portal.

How to register: Create a portal account at the Florida Courts E-Filing Portal, complete identity verification, and select your circuit/county. Filing fees are paid online unless a civil indigency application is approved.

Pro se reality check: Florida generally requires attorneys to e-file; self-represented parties may e-file or file paper depending on local administrative orders. Many clerks encourage portal filing for pro se civil cases.

When you e-file:

• Use PDF/A or the portal's accepted formats; flatten forms before upload.
• Check that party names match the caption exactly.
• Calendar the clerk's acceptance email — a rejected filing is often treated as unfiled.
• Serve other parties under the rules (e-service through the portal may not replace initial service of process).

Discovery

After pleadings, parties exchange information. In Florida:

Fla. R. Civ. P. 1.280–1.380 govern discovery. Small claims use informal pretrial conferences with limited discovery unless the case is transferred to regular civil rules.

Typical tools:

• Interrogatories — written questions answered under oath.
• Requests for production — documents, ESI, and tangible things.
• Requests for admission — force yes/no authenticity or fact stipulations.
• Depositions — live testimony under oath (expensive; plan carefully if you are self-represented).

If the other side stonewalls, a motion to compel and, later, sanctions motions are the enforcement path. Courts expect meet-and-confer first in most jurisdictions.

Florida discovery opinions

Commonwealth Fed. Sav. & Loan Ass'n v. Tubero

Commonwealth Fed. Sav. & Loan Ass'n v. Tubero, 15 Fla. L. Weekly Supp. 595 (1990)

…or deliberate refusal to obey a court order to comply with discovery under Florida Rule of Civil Procedure 1.380 necessary to sustain the severe sanctions of dismissal or default against a noncomplying plaintiff or defendant? We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. Moshe Tubero filed suit against Commonwealth Savings and Loan Associat…

Florida opinions such as Commonwealth Fed. Sav. & Loan Ass'n v. Tubero are cited where discovery is disputed. The court stated: "Florida Rule of Civil Procedure 1.380 necessary to sustain the severe sanctions of dismissal or default against a noncomplying plaintiff or defendant?" That is the language to brief; the rest of the decision supplies the procedural posture.

Ivester v. State

Ivester v. State, 398 So. 2d 926 (1981)

…are asked to determine whether Ivester's motion to compel a discovery deposition of the arresting officer should have been granted. To do this we are required to ascertain whether a defendant may justify the use of force as an act of self-defense in defending against a charge of resisting arrest with violence. § 843.01, Fla. Stat. Concerning the proof of the defendant's identit…

Florida opinions such as Ivester v. State are cited where discovery is disputed. The court stated: "Ivester's motion to compel a discovery deposition of the arresting officer should have been granted. To do this we are required to ascertain whether a defendant may justify the use of force as an act of self-defense in defending against a charge of resisting arrest with violence." That is the language to brief; the rest of the decision supplies the procedural posture.

GREEN TREE SERVICING, LLC, Appellant, v. Elizabeth Dianne McLEOD, as Personal Representative of the Estate of

GREEN TREE SERVICING, LLC, Appellant, v. Elizabeth Dianne McLEOD, as Personal Representative of the Estate of, 2009 Fla. App. LEXIS 8763 (2009)

…ree had waived its right to arbitration by serving multiple discovery requests related to the merits of the pending action, we affirm the circuit court’s order. In so doing, we recede from Merrill Lynch Pierce Fenner & Smith, Inc. v. Adams, 791 So.2d 25 (Fla. 2d DCA 2001). I. THE FACTS AND PROCEDURAL HISTORY On October 21, 1998, Stanley McLeod purchased a manufactured home from…

Florida opinions such as GREEN TREE SERVICING, LLC, Appellant, v. Elizabeth Dianne McLEOD, as Personal Representative of the Estate of are cited where discovery is disputed. The court stated: "In so doing, we recede from Merrill Lynch Pierce Fenner & Smith, Inc. v. Adams, 791 So.2d 25 (Fla. 2d DCA 2001). I." That is the language to brief; the rest of the decision supplies the procedural posture.

Everglades Protective Syndicate, Inc. v. Makinney

Everglades Protective Syndicate, Inc. v. Makinney, 1980 Fla. App. LEXIS 17720 (1980)

…e vehicle for testing the correctness of an order governing discovery procedures. We have previously answered that question affirmatively where the order was a departure from the essential requirements of law for which there would be no adequate remedy by appeal. Schering Corporation v. Thornton, 280 So.2d 493 (Fla.4th DCA 1973). Thus, we have jurisdiction. William Blair Makinn…

Florida opinions such as Everglades Protective Syndicate, Inc. v. Makinney are cited where discovery is disputed. The court stated: "We have previously answered that question affirmatively where the order was a departure from the essential requirements of law for which there would be no adequate remedy by appeal. Schering Corporation v. Thornton, 280 So.2d 493 (Fla.4th DCA 1973). Thus, we have jurisdiction." That is the language to brief; the rest of the decision supplies the procedural posture.

Rare Coin-It, Inc. v. IJE, Inc.

Rare Coin-It, Inc. v. IJE, Inc., 1993 Fla. App. LEXIS 10342 (1993)

…anting Respondent's, I.J.E., Inc.'s (IJE), motion to compel discovery of a trade secret subject to a protective order. We grant certiorari. Rare and IJE entered into contracts providing for Rare to develop video game programs of the "Wheel of Fortune" television game show, for play only on Nintendo hardware. Computer video game programs are written in source code which directs…

Practitioners open Rare Coin-It, Inc. v. IJE, Inc. when Florida discovery turns on the distinction in this sentence: "Respondent's, I.J.E., Inc.'s (IJE), motion to compel discovery of a trade secret subject to a protective order. We grant certiorari." Do not lift it out of the facts the court was deciding.

Ruiz v. Steiner

Ruiz v. Steiner, 599 So. 2d 196 (1992)

…tee meeting and, thus, the proceedings were privileged from discovery under Section 766.101, Florida Statutes (1991). The petitioner then filed a motion to compel the physicians to answer questions regarding the meeting. The trial court denied the petitioner's motion to compel, and the petitioner filed this petition for writ of certiorari to quash that order. We recognize that…

Practitioners open Ruiz v. Steiner when Florida discovery turns on the distinction in this sentence: "Section 766.101, Florida Statutes (1991). The petitioner then filed a motion to compel the physicians to answer questions regarding the meeting." Do not lift it out of the facts the court was deciding.

In Re: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida

In Re: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida, 257 So. 3d 66 (2018)

…m or forms. A person responding to a subpoena may object to discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue costs or burden. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessib…

Florida opinions such as In Re: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida are cited where discovery is disputed. The court stated: "A person responding to a subpoena may object to discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue costs or burden." That is the language to brief; the rest of the decision supplies the procedural posture.

In Re: Amendments to the Florida Rules of Civil Procedure

In Re: Amendments to the Florida Rules of Civil Procedure, 41 Fla. L. Weekly Supp. 357 (2016)

…(2)(H) are present; (4) limit, schedule, order, or expedite discovery; (5) consider the possibility of obtaining admissions of fact and voluntary exchange of documents and electronically stored information, and stipulations regarding authenticity of documents and electronically stored information; (б) consider the need for advance rulings from the court on the admissibility of…

On discovery, In Re: Amendments to the Florida Rules of Civil Procedure speaks to the Florida dispute in this passage: "(2)(H) are present; (4) limit, schedule, order, or expedite discovery; (5) consider the possibility of obtaining admissions of fact and voluntary exchange of documents and electronically stored information, and stipulations regarding authenticity of documents and electronically s" The surrounding opinion shows how the court applied that language to the record.

Rules of evidence (short tour)

Trials and many motion hearings are decided on admissible evidence, not on what you know happened. Florida applies the Florida Evidence Code (Fla. Stat. ch. 90). Core ideas:

• Relevance — does the proof make a fact of consequence more or less probable?
• Authenticity — is the exhibit what you claim it is?
• Hearsay — is an out-of-court statement offered for its truth, and if so, does an exception apply?
• Privileges — attorney-client, spousal, and other privileges can block inquiry even when the facts are relevant.

For a full Florida walkthrough of hearsay, business records, authenticity, and depositions at trial, read the companion guide: Florida Evidence Law: Admissibility, Hearsay, and Authenticity.

Summary judgment and other dispositive motions

Many civil cases never reach a jury. A party may move for summary judgment by showing there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Pro se litigants lose these motions when they respond with argument instead of affidavits, authenticated exhibits, and pinpoint record citations.

Florida summary-judgment opinions

Hart Properties, Inc. v. Slack

Hart Properties, Inc. v. Slack, 159 So. 2d 236 (1963)

…allegation. Defendant Hart Properties, Inc., then moved for summary judgment which was denied by the trial court. Just prior to trial plaintiff moved to amend his complaint. This motion was not immediately ruled upon, but during the course of the trial plaintiff was allowed to amend his complaint to allege in the alternative that he was a licensee or invitee at the time of his…

On summary judgment, Hart Properties, Inc. v. Slack speaks to the Florida dispute in this passage: "Defendant Hart Properties, Inc., then moved for summary judgment which was denied by the trial court. Just prior to trial plaintiff moved to amend his complaint." The surrounding opinion shows how the court applied that language to the record.

Gomes v. Stevens

Gomes v. Stevens, 548 So. 2d 1163 (1989)

…guardian of Anna E. Courts, Incompetent, challenges a final summary judgment in favor of the appellees, Robert Stevens and Barbara E. Stevens. We find that the trial court erred in granting the summary judgment and, accordingly, reverse. The appellant filed a two-count amended complaint against the appellees seeking to have a promissory note and mortgage declared null and void…

On summary judgment, Gomes v. Stevens speaks to the Florida dispute in this passage: "Anna E. Courts, Incompetent, challenges a final summary judgment in favor of the appellees, Robert Stevens and Barbara E. Stevens. We find that the trial court erred in granting the summary judgment and, accordingly, reverse." The surrounding opinion shows how the court applied that language to the record.

Steiner v. Ciba-Geigy Corp.

Steiner v. Ciba-Geigy Corp., 1978 Fla. App. LEXIS 16970 (1978)

…videntiary matters before the trial court on the motion for summary judgment that the "... facts giving rise to the cause of action were discovered or should have been discovered *49 with the exercise of due diligence ...[[1]]" more than four years prior to the filing of this cause, and the action was, therefore, barred by the Statute of Limitations, Section 95.11(3)(a) & (e),…

Practitioners open Steiner v. Ciba-Geigy Corp. when Florida summary judgment turns on the distinction in this sentence: "videntiary matters before the trial court on the motion for summary judgment that the '... facts giving rise to the cause of action were discovered or should have been discovered *49 with the exercise of due diligence ...[[1]]' more than four years prior to the filing of this cau" Do not lift it out of the facts the court was deciding.

Taylor v. Maness

Taylor v. Maness, 941 So. 2d 559 (2006)

…ylor ("Taylors"), appeal (1) a final order granting partial summary judgment in favor of the defendants, James G. Maness ("Mr. Maness") and Olga Maness ("Mrs. Maness")(collectively referred to as the "Manesses"), as to Counts I, III, V, VI, and VII of their amended complaint, and (2) a final order granting summary judgment in favor of Mrs. Maness as to her counterclaim, based u…

Taylor v. Maness is worth reading on Florida summary judgment because the court put the point in its own words: "Taylors'), appeal (1) a final order granting partial summary judgment in favor of the defendants, James G. Maness ('Mr. Maness') and Olga Maness ('Mrs." Use that passage as the starting point, then read the facts that precede it.

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION

In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION, 1966 Fla. LEXIS 3341 (1966)

…which the motion is directed shall be stricken. Default and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown. (b)Same — Contents. The motion to strike shall be verified and shall set forth fully the facts on which the movant relies and may be supported by affidavit. No trav…

Practitioners open In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION when Florida summary judgment turns on the distinction in this sentence: "Default and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown. (b)Same — Contents." Do not lift it out of the facts the court was deciding.

In Re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE

In Re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 35 Fla. L. Weekly Supp. 494 (2010)

…s); rule 1.480 (Motion for a Directed Verdict); rule 1.510 (Summary Judgment); rule 1.525 (Motions for Costs and Attorneys’ Fees); and form 1.923 (Eviction Summons/Residential). The committee also recommends deletion of forms 1.985 (Standard Jury Instructions) and 1.986 (Verdicts). Prior to submission to the Court, the proposals were published for comment in The Florida Bar New…

On summary judgment, In Re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE speaks to the Florida dispute in this passage: "Motion for a Directed Verdict); rule 1.510 (Summary Judgment); rule 1.525 (Motions for Costs and Attorneys’ Fees); and form 1.923 (Eviction Summons/Residential). The committee also recommends deletion of forms 1.985 (Standard Jury Instructions) and 1.986 (Verdicts)." The surrounding opinion shows how the court applied that language to the record.

In Re Florida Bar, Rules of Civil Procedure

In Re Florida Bar, Rules of Civil Procedure, 339 So. 2d 626 (1976)

…n default in accordance with Rule 1.080(a). *630RULE 1.510. SUMMARY JUDGMENT. (c) Motion and proceedings thereon. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall be served at least twenty days before the time fixed for the hearing. The adverse party may serve opposing affidavits prior to the…

Florida opinions such as In Re Florida Bar, Rules of Civil Procedure are cited where summary judgment is disputed. The court stated: "Rule 1.080(a). *630RULE 1.510. SUMMARY JUDGMENT. (c) Motion and proceedings thereon." That is the language to brief; the rest of the decision supplies the procedural posture.

Rahimi v. Global Discoveries

Rahimi v. Global Discoveries, 252 So. 3d 804 (2018)

…lus is made at the time of the tax deed sale, we affirm the summary judgment. Factual Background and Procedural History Ila Weiner purchased a condominium at the Mayfair House on January 5, 2005. About a year later, she took out a mortgage loan on the property with Regions Bank in the amount of $193,000. In September 2007, the loan, which at this time had $198,539.73 owing, was…

On summary judgment, Rahimi v. Global Discoveries speaks to the Florida dispute in this passage: "Factual Background and Procedural History Ila Weiner purchased a condominium at the Mayfair House on January 5, 2005. About a year later, she took out a mortgage loan on the property with Regions Bank in the amount of $193,000." The surrounding opinion shows how the court applied that language to the record.

How LawDiver can help

LawDiver is built for researching the same authorities a courtroom expects — not for inventing cites.

1. LawDiver search — From this guide page, the search rail is scoped to Florida. Search phrases like pro se, service of process, motion to compel, or your statute number.
2. Corpus-linked opinions — Every case block above links to a /casedisplay opinion id that exists in LawDiver's caselaw corpus. Do not paste outside citations into filings unless you have verified them.
3. Statutes — Where Florida codes are mirrored, open the linked statute sections from this article and read the live text before quoting.
4. GoodLaw / citator workflow — Before you rely on an older opinion, check how later Florida cases treat it.
5. Evidence companion — Use the Florida evidence guide when you are preparing exhibits or opposing a motion in limine.
6. AI research with grounding — Prefer tools that require retrieval from your matter and the LawDiver corpus over chatbots that invent case names.

LawDiver does not file documents for you, give legal advice, or replace a lawyer when the stakes, opposing counsel, or entity-representation rules require one.

Florida case law highlights

Use the topic sections above for pro se practice, pleadings, service, discovery, and summary judgment. Re-run LawDiver searches before hearings — new published opinions appear continuously.

Checklist before you file in Florida

1. Confirm you (not an entity) may appear pro se for this claim.
2. Pick county court small-claims rules (Fla. Sm. Cl. R.) vs circuit court (county court for civil claims within county jurisdiction) based on amount and remedy.
3. Draft a complaint (or statement of claim in small claims) that states facts and a legal theory.
4. Register on Florida Courts E-Filing Portal (or confirm paper filing is allowed).
5. Arrange proper service under Fla. R. Civ. P. 1.070; Fla. Stat. ch. 48.
6. Calendar answer deadlines, discovery cutoffs, and any jury-demand deadline.
7. Research controlling Florida cases and the Florida Evidence Code (Fla. Stat. ch. 90) on LawDiver.
8. Consider limited-scope or full representation if the other side has counsel or the claim exceeds small-claims complexity.

Key takeaways

• Natural persons may appear pro se. Corporations and LLCs generally must be represented by a Florida Bar member in circuit/county court (small claims has limited non-lawyer appearance rules for certain entities).
• Main trial forum: circuit court (county court for civil claims within county jurisdiction). Smaller disputes often belong in county court small-claims rules (Fla. Sm. Cl. R.) (generally up to $8,000).
• Procedure: Florida Rules of Civil Procedure. Opening paper: a complaint (or statement of claim in small claims).
• Service: Fla. R. Civ. P. 1.070; Fla. Stat. ch. 48. Serve process under chapter 48 and Rule 1.
• E-filing: Florida Courts E-Filing Portal. Florida generally requires attorneys to e-file; self-represented parties may e-file or file paper depending on local administrative orders.
• Pair this page with the LawDiver search rail (scoped to Florida) and the Florida evidence guide.

Primary search phrases this page targets: file a lawsuit without a lawyer Florida; Florida pro se litigation; Florida Courts E-Filing Portal; how to sue someone in Florida.

Contents

• What is a statute, case, rule, and regulation?
• Can you litigate pro se in Florida?
• Role of the judge and the jury
• Pleadings: complaint, answer, and motions
• How to file and serve in Florida
• Registering for e-filing
• Discovery
• Rules of evidence (short tour)
• Summary judgment and other dispositive motions
• How LawDiver can help
• Florida case law highlights
• Frequently asked questions

What is a statute, case, rule, and regulation?

Self-represented litigants lose cases when they confuse sources of law. Use these definitions when you research on LawDiver:

A winning Florida theory usually needs all three of: (1) a substantive statute or common-law claim, (2) a pleading that satisfies the civil rules, and (3) admissible evidence under the Florida Evidence Code (Fla. Stat. ch. 90).

Frequently asked questions

How do I file a lawsuit without a lawyer in Florida?

Prepare a complaint (or statement of claim in small claims), file it in the correct Florida court (circuit court (county court for civil claims within county jurisdiction) or county court small-claims rules (Fla. Sm. Cl. R.)), pay or waive the fee, obtain a summons, and complete service under Fla. R. Civ. P. 1.070; Fla. Stat. ch. 48. Register for Florida Courts E-Filing Portal when e-filing is required or available.

What is the difference between a statute and a court rule?

A statute creates substantive rights and duties. A court rule (such as Florida Rules of Civil Procedure) controls procedure — captions, service, discovery, and trial mechanics. You usually need both.

Do I need to register for e-filing?

Florida generally requires attorneys to e-file; self-represented parties may e-file or file paper depending on local administrative orders. Many clerks encourage portal filing for pro se civil cases. Registration steps: Create a portal account at the Florida Courts E-Filing Portal, complete identity verification, and select your circuit/county. Filing fees are paid online unless a civil indigency application is approved.

Will I get a jury?

Demand a jury under Fla. R. Civ. P. 1.430 for eligible claims. Small claims are typically non-jury unless transferred.

What happens in discovery?

Fla. R. Civ. P. 1.280–1.380 govern discovery. Small claims use informal pretrial conferences with limited discovery unless the case is transferred to regular civil rules.

How does LawDiver help a pro se litigant?

It lets you search and read Florida opinions and statutes that actually exist in the LawDiver corpus, with links you can verify — reducing the risk of hallucinated citations — while you still remain responsible for filing, service, and courtroom advocacy.

Disclaimer

LawDiver publishes this guide for public legal-information and SEO education purposes. It is not a substitute for advice from a licensed Florida attorney. Court rules, e-filing vendors, fee schedules, and jurisdictional limits change. Verify every citation and deadline against official Florida sources and the live LawDiver corpus before relying on them in a filing.