Tuesday, November 23, 2004

"Authority", You'd Better Have it in Small Claims Mediation Too!

The Small Claims Rules Committee invites comment on the proposed two-year cycle amendments to the Florida Small Claims Rules. The proposed amendments will be filed with the Supreme Court of Florida by February 1, 2005. Interested persons have until December 1, 2004, to submit comments to the Hon. Pauline Drayton, Duval County Courthouse, 330 E. Bay St., Jacksonville, FL 32202-2921.

Here are the proposed amendments pertinent to mediation:
  • Rule 7.090(f) proposes to provide for sanctions against a party for failure to appear at mediation with full authority to settle.
  • Form 7.322 [Summons/Notice to Appear for Pretrial Conference] also addresses "full authority to settle".
  • Form 7.350 is entirely new and provides for "Corporate Authorization to Allow Employee to Represent Corporation at any State of Lawsuit", including guess what [I'm confident you know the answer and you'll have to read the proposed amendments to be sure].
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