Florida Small Claims Evidence Rules 2026: What to Bring to Court

The Scenario: Maria vs. GlossCoat Painting LLC

Maria hired GlossCoat Painting LLC in March 2026 to repaint her Fort Lauderdale home's exterior for $4,800. She paid $2,400 upfront. The contractor completed roughly half the job, then stopped showing up. After two weeks of ignored calls and texts, Maria sent a written demand letter. GlossCoat ignored it. She's now filing in Broward County's Small Claims Division of the County Court.

Maria's claim is $2,400 — the deposit minus the value of work actually completed — well under the jurisdictional cap. The $8,000 limit is set by Florida Statute § 34.01 and Florida Small Claims Rule 7.010, and it covers principal damages only, excluding costs, interest, and attorney fees. Maria doesn't need a lawyer. Here's how her evidence story unfolds at each stage.

Florida's Two-Step Process: Pretrial Conference First, Trial Second

Most people don't realize Florida small claims has a built-in checkpoint before trial. Florida requires a mandatory pretrial conference in every small claims case, typically scheduled about 30 days after filing. Pretrial conferences are governed by the Florida Small Claims Rules, primarily Rule 7.090, which emphasizes swift resolution and fairness to self-represented parties.

The pretrial conference is not a trial. Don't bring witnesses. Bring your documents, but not people whose time you've asked for. Witnesses are only needed at the actual trial, which is scheduled separately if mediation fails. The purpose of the pretrial conference is to record your appearance, determine if you admit all or part of the claim, and allow the court to assess the dispute. Mediation may take place at the pretrial conference, and whoever appears for a party must have full authority to settle.

For Maria, this means she shows up to the pretrial with her evidence binder — organized, printed, ready to hand to the mediator — but she doesn't drag her neighbor (who watched the painter walk off the job) across Broward County yet. All statements made during a mediation conference are confidential and cannot be used as evidence if the case goes to trial. If mediation fails, the judge sets a trial date. That trial is typically scheduled within 60 days.

How Florida's Evidence Rules Actually Work at Trial

Under Fla. Sm. Cl. R. 7.140, 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. "Liberally construed" matters in practice: a judge won't automatically exclude a screenshot because it lacks a formal authentication affidavit, but you still want to lay a foundation — show the judge where the message came from, who sent it, and when.

Small claims trials in Florida are conducted informally but with the decorum of a courtroom. The Florida Small Claims Rules provide that the rules of evidence apply but are to be liberally construed, meaning the judge will be more flexible about admitting documents and testimony than in a formal civil trial. The governing evidence code is Chapter 90 of the Florida Statutes — the Florida Evidence Code. That means hearsay rules still exist; a witness who personally saw or heard the disputed event is powerful evidence, but hearsay ("my friend told me") is generally inadmissible unless it falls under an exception.

In an effort to secure substantial justice, the court shall assist any party not represented by an attorney on courtroom procedure and order of presentation of material evidence. However, the court may not instruct any party on accepted rules of law, and the court shall not act as an advocate for a party. Translation: the judge will tell Maria how to present her evidence in order, but won't tell her what to argue.

What to Bring: Maria's Evidence Binder, Step by Step

In Florida, the burden of proof lies with the plaintiff. The judge's decision will depend largely on how well you can document your claim, not how passionately you argue it. Maria builds her binder in three sections, each labeled with exhibit tabs:

• Exhibit A — The Agreement: The written contract with GlossCoat, signed by both parties, highlighting the scope of work and payment terms. A written contract is the most powerful piece of evidence. Bring the original if possible, plus two copies. Highlight the specific clause that was violated.
• Exhibit B — Proof of Payment: Her bank statement and the cleared check for the $2,400 deposit. Bring original invoices, copies of checks or payment confirmations, and bank statements showing the money that changed hands. For unpaid debt cases, show what was owed, what was paid, and what remains outstanding with a clear calculation.
• Exhibit C — Proof of Non-Performance: Before-and-after photos of the house showing roughly half the exterior unpainted. Smartphone timestamps or metadata can help authenticate them.
• Exhibit D — Communications: The full text message thread with GlossCoat's owner, printed in color showing the phone number at the top. Screenshot the full conversation thread, not just the messages that favor your case — judges notice selective editing and it undermines credibility. Highlight the key exchanges. For text messages, include the phone number or contact name visible at the top of the thread. Print in color if the messages contain photos of damage or disputed items.
• Exhibit E — The Demand Letter: Maria's written demand and evidence it was sent (certified mail receipt or email delivery confirmation). Don't skip the demand letter. Judges want to see that you tried to resolve the issue before coming to court.

Bring at least three copies of your key documents: one for yourself, one for the other party, and one for the mediator or judge. If your evidence includes photographs or digital messages, print them; many county courts restrict phone use in hearing rooms.

If you have contracts, invoices, bills, receipts, or letters relevant to your suit, bring one copy for the court file and one copy for each defendant. Bring the original documents to the hearing.

Witnesses and Subpoenas Under Rule 7.020

Maria's neighbor watched GlossCoat's crew pack up and leave mid-job. That's firsthand knowledge — worth calling to trial. Identify witnesses with firsthand knowledge of the disputed event. Witnesses can either appear in court or submit notarized affidavits. If they are reluctant, you may subpoena them using the clerk's form and pay a small fee for service.

If a witness is reluctant to attend, request a subpoena from the clerk at least two weeks before trial. Florida Small Claims Rule 7.020 allows the clerk to issue subpoenas that compel attendance and document production. You must arrange for service and pay any statutory witness fees, though these costs may be recoverable if you win.

At the discretion of the court, testimony of any party or witness may be presented over the telephone. So if Maria's neighbor has moved to Jacksonville, a phone appearance may be possible — but it's the judge's call, not Maria's right.

Decision Tree: What to Bring and When

Filing Fees, Statutes of Limitations, and Key Numbers for 2026

Before Maria files, she confirms the numbers. Florida filing fees are tiered by claim amount: $55 for claims of $100 or less, $80 for claims up to $500, $175 for claims up to $2,500, and $300 for claims up to the $8,000 cap. The core authority for these fees is §§ 34.041 and 28.241 of the Florida Statutes, which empower clerks of court to charge graduated fees based on the claim's dollar range. Maria's $2,400 claim puts her in the $175 tier. Sheriff service typically adds $40 to $50.

On timing: the Florida statute of limitations on written contracts is 5 years under Fla. Stat. § 95.11(2)(b), so you must file within 5 years of the breach. Maria's dispute is only a few months old — well within the window. If Maria wins and GlossCoat doesn't pay voluntarily, post-judgment interest accrues at the rate set quarterly by the Florida CFO under Fla. Stat. § 55.03, approximately 9% per year as of Q2 2026.

About SmallClaims: SmallClaims is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file.