Eighteenth Judicial Circuit Courts
Pro Se is a legal term for representing yourself in a legal procedure without the aid of an attorney and can apply to small claims, landlord-tenant evictions, family law, and probate estate cases.
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Most legal dictionaries define the term “pro se” as someone who represents them-self in a legal procedure without the aid of an attorney. It is an established tenet that you have the right to represent yourself in a court of law, however, many people do not understand that choosing to represent yourself means that the Court will expect you to follow the same rules and procedures that an attorney must follow.
The Judge in your case may not do anything to give any appearance of being partial to either side and this includes giving legal advice and having contact with either party without the other being present. Generally, when you go into court, the Judge will give you much information about what may be wrong with whatever pleadings you filed.
Listen carefully; if you do not understand what is being said at the time, you can take that information and see an attorney afterwards to get a better understanding of what was said.
Judges are bound by the concept of “Stare Decisis” which is basically the idea that prior decisions must be honored and considered in any similar matter. Legal research can be very complex, but most law libraries will have a staff librarian that can show you basically how to find what you are looking for. Court procedures are defined and outlined by the Florida Supreme Court and are contained in a book called the Florida Rules of Court. This book contains rules and some examples of forms grouped together by the court to which they apply; in Florida there is a section for Juvenile Court, Criminal Court, Civil Court, and Family Law rules. If the other party files an objection to your pleading on procedural grounds or the judge signs an order denying your pleading because of a procedural problem, there will sometimes be a rule cited in the document to which you can refer. Put simply, representing yourself in a legal procedure is not always as easy as it sounds. There are many books written by lawyers for non-lawyers and you will be best prepared by reading everything you can find and getting legal advice from an attorney BEFORE you go to your hearing.
The Family Law Pro Se Project is authorized to give you basic forms and procedural information only. We cannot give legal advice or advise you on courtroom tactics. If you are unsure about how to proceed, we strongly encourage you to seek legal advice.
A petition or motion is a request for the court to make a decision. A hearing or trial is the time when the court will make a decision on the petition or motion filed by a party to the case. In general, motions are decided at hearings and petitions are decided at trials. The person making the decision will either be a judge, magistrate or hearing officer (referred to here as “the court”).
A hearing/trial is a meeting with the court and both parties where the court will consider evidence that both sides present and will make a decision.
The court CANNOT investigate the case. The court cannot call witnesses or present evidence. It is YOUR responsibility to present admissible evidence at a hearing/trial to support what you have requested in a motion/petition or to defend against what the other party has requested in their motion/petition. Evidence can be witness testimony, testimony of you and/or the other party, documents, photographs, objects, etc. Admissible evidence is evidence the court is allowed to consider under the Rules of Evidence (See Florida Statutes, chapter 90). For example, letters from non-parties and repeating what a non-party told you (unless they are present in court to testify) generally are hearsay and are not admissible in court. However, there are many exceptions to the hearsay rule and admissibility of evidence should be researched before your hearing or trial.
Generally, you will have HALF of the time scheduled to present your evidence.
If you are scheduling the hearing, it is your responsibility to notify the other party. You are required to send a Notice of Hearing to the other party at the last address in the court file (note: it is a good idea to also send to all other known/possible addresses) and to list all addresses used for the other party on the Notice of Hearing. If the court tells you it will prepare the Notice of Hearing, this requirement is waived. It is your responsibility to keep your address current in the court file AT ALL TIMES. All documents filed by you should state your current address.
If you have documents or items that you feel will help prove your case (i.e. copies of bills, receipts, printed text messages, a video burned to a portable drive, etc.), you must bring them with you. However, you must be aware that there are evidentiary rules that may prohibit their use, so determine whether witnesses may be necessary to properly introduce these items into evidence.
Prepare an opening statement, which is a brief statement indicating:
Each side will have the opportunity to present his/her case before the judge/magistrate by:
Information on Evidence and the Florida Statutes can be found in Chapter 90, Evidence Code of the Florida Statutes.
There are many different types of trial objections in Florida. Some of the most common (though not an exhaustive list) are listed below. Please note this list is only meant to be an aid. The Self Help Center encourages you to seek the advice of legal counsel and research evidentiary trial objections on your own.
The Eighteenth Judicial Circuit provides spoken language court interpreters to limited-English-proficient persons in accordance with Title VI of the Civil Rights Act of 1964, section 90.606, Florida Statutes, and Rule 2.560, Florida Rules of Judicial Administration.
Qualified spoken language court interpreters will be appointed where a fundamental interest is at stake and the inability of individuals to understand or express themselves in English may prevent full and necessary participation in court proceedings. Such cases include, but are not limited to, circuit and county criminal, juvenile delinquency and dependency, domestic violence injunction, mental health and incapacity proceedings, and any other matters in which the court determines an interpreter is necessary.
Qualified spoken language court interpreters will also be appointed for limited-English-proficient witnesses in any proceeding and for limited-English-proficient victims in any circuit or county criminal or juvenile delinquency proceeding.
Requests for spoken language court interpreters must be received a minimum of 5 days in advance of the scheduled proceeding. In the case of certain languages of lesser diffusion or unscheduled interpreting, more time may be necessary to arrange for a qualified interpreter and a remote interpreting service may be used.
To request a spoken language court interpreter:
Sign Language Interpreters
Additionally, the Eighteenth Judicial Circuit provides interpreter services and reasonable accommodations for deaf persons in all cases in accordance with section 90.6063, Florida Statutes, and the Americans with Disabilities Act (ADA).
If you need a sign language interpreter or accommodation, you are entitled to one at no cost to you.
Requests for sign language interpreters should be made at least 5 days prior to the scheduled event when possible.
To request a sign language interpreter or ADA Accommodation:
If your final hearing is before the magistrate, and neither party files an exception to the magistrate’s decision, you must wait (10) ten days from the date of your final hearing for the judge to sign a final judgment accepting the magistrate’s decision. If both parties appear at the final hearing, the parties may agree to waive the waiting period.
The petitioner must pay the Clerk of Court a filing fee of $10.50 for the clerk to record the final judgment. If the parties do not agree to waive the ten-day waiting period, your final judgment will be available at the clerk’s office two weeks after your final hearing.
Because you are representing yourself in court, it is your responsibility to become familiar with the rules and laws relevant to your legal matter. Be sure you are aware of the Florida Family Law Rules of Procedure, Florida Statutes, Florida Rules of Civil Procedure, and the Florida Rules of Evidence. The judge, the magistrate, case managers, or other court personnel cannot give you legal advice.
You may obtain additional information and forms by visiting the Florida State Courts at www.flcourts.org:
For constituents, customers, or callers seeking help with family law cases – divorce, adoption, name change, custody, order of protection, and much more – there is now a one-stop source for lots of information aimed at self-represented people. Florida Courts Help is available at app stores as well as online at help.flcourts.gov.
