Florida Summons/Notice to Appear for Pretrial Conference

SUMMONS / NOTICE TO APPEAR FOR PRETRIAL CONFERENCE

CLK/CT 389 REV. 9/98

IN THE COUNTY COURT IN AND FOR COUNTY, FLORIDA

PLAINTIFF(S)

VS. DEFENDANT(S)

SERVICE

DEFENDANT(S) TO BE SERVED AT:

STATE OF FLORIDA

NOTICE TO PLAINTIFF(S) AND DEFENDANT(S)

YOU ARE HEREBY NOTIFIED to appear in person or by attorney at:

, 20 , at .M., for a pretrial conference before a Judge of this Court. Section #

IMPORTANT - READ CAREFULLY

THE CASE WILL NO BE TRIED AT THAT TIME/DO NOT BRING WITNESS

APPEAR IN PERSON OR BY ATTORNEY

The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval.

The purpose of the pretrial conference is to record your appearance, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case.

If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and withhold judgment or execution or levy.

IMPORTANT: SEE REVERSE

RIGHT TO VENUE. THE LAW GIVES THE PERSON OR COMPANY WHO HAS SUED YOU THE RIGHT TO FILE SUIT IN ANY ONE OF SEVERAL PLACES AS LISTED BELOW. HOWEVER, IF YOU HAVE BEEN SUED IN ANY PLACE OTHER THAN ONE OF THESE PLACES, YOU, AS THE DEFENDANT, HAVE THE RIGHT TO REQUEST THAT THE CASE BE MOVED TO PROPER LOCATION OR VENUE. A PROPER LOCATION OR VENUE MAY BE ONE OF THE FOLLOWING:

1. WHERE THE CONTACT WAS ENTERED INTO;

2. IF THE SUIT IS ON UNSECURED PROMISSORY NOTE, WHERE THE NOTE IS SIGNED OR WHERE THE MAKER RESIDES.

3. IF THE SUIT IS TO RECOVER PROPERTY OR TO FORECLOSE A LIEN, WHERE THE PROPERTY IS LOCATED;

4. WHERE THE EVENT GIVING RISE TO THE SUIT OCCURRED;

5. WHERE ANY ONE OR MORE OF THE DEFENDANTS SUED RESIDE;

6. ANY LOCATION AGREED TO IN A CONTRACT.

7. IN ANY ACTION FOR MONEY DUE, IF THERE IS NO AGREEMENT AS TO WHERE SUIT MAY BE FILED, WHERE PAYMENT IS TO BE MADE.

IF YOU, AS THE DEFENDANT(S) BELIEVE THAT PLAINTIFF(S) HAS/HAVE NOT SUED IN ONE OF THESE CORRECT PLACES, YOU MUST APPEAR ON YOUR COURT DATE AND ORALLY REQUEST A TRANSFER OR YOU MUST FILE A WRITTEN REQUEST FOR TRANSFER, IN AFFIDAVIT FORM (SWORN TO UNDER OATH) WITH THE COURT 7 DAYS PRIOR TO YOUR FIRST COURT DATE AND SEND A COPY TO THE PLAINTIFF(S) ATTORNEY, IF ANY. A COPY OF THE STATEMENT OF CLAIM SHALL BE SERVED WITH THIS SUMMONS.

FILED BY:

ADDRESS:

TELEPHONE:

AMERICANS WITH DISABILITIES ACT OF 1990

IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COUNTY COURT'S ADA COORDINATOR AT 73 WEST FLAGLER STREET, SUITE 1600, MIAMI, FLORIDA 33130, TELEPHONE NUMBERS (305) 375-2006 FOR VOICE, (305) 375-2007 FOR TDD AND (305) 350-6205 FOR FAX, WITHIN TWO (2) WORKING DAYS OF YOUR RECEIPT OF THIS DOCUMENT. TDD USERS MAY ALSO CALL 1-800-955-8771, FOR THE FLORIDA RELAY SERVICE.

IMPORTANT—SEE REVERSE