The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-07-30
CHAPTER sop mo 81,

CHAPTER sop mo. So.
AN ACT to Prescribe Rules of Practice in Civil
Cases in the Justice Of Peace Courts in the Stats
of Florida.
Be it Enacted BY the Legislature of the State Of
Florida:
Section I. That from and after the passage of
this Act the first Monday and the third Monday
in each month shall be rule days in the several
Justice of the Peace Courts in the State of Florida.
Sec. ?. That in all civil actions of which JUS
tice of the Peace Courts have jurisdiction where
the claim OF plaintiff is for goods sold, work and
material money lent, money paid, money re-
ceived, accounts stated and for the hire of goods
or property. such action shall be commenced by
the claimant fling with the Justice of the Peace
having jurisdiction of the matter in controversy,
an itemized statement in writing of his claim
against the defendant. verified by affidavit.
Sec. ). That upon fling such itemized state
ment the Justice of the Peace shall issue summons
ad respondendum to the defendant. returnabe as
Ike process is returnabe under the laws governing
the practice in other courts.
Sec. g. The defendant shall file his appearance
in person or by attorney upon the rule day named
in the summons should service of the same have
been made ten days prior to said rule day; other
wise, the defendant shall have until next rule day
thereafter n which to file his appearance; and
should the defendant not file his appearance in the
said court on before the rule day succeeding the
rule day to which the summons ad reSpondendum
is made returnable and after such summons has
been duly served, then in that event, judgment
shall upon the day succeeding the second rule
day after the service of the summons. be entered
against the defendant for the amount claimed by
plaintiff, together with the costs which may have
accrued in such case.
Sec. 5 When the defendant has filed his ap-
pearance, as provided for in Section 4, he shall
have until the succeeding rule day after the fling
of such appearance in which TO file his denial of
the cause of action. under oath. and should the
defendant not file a written denial under oath of
plaintiff claim, PRIOR to said rule day. then judg-
ment shall be entered against him for the amount
claimed by the plaintiff with the costs which have
accrued in such case. And the defendant shall
deposit into the Court such amount as he AYERS
that he owes the claimant
Sec. 6. The defendants denial of plaintiffs
claim shall be in the following form, to wit
Personally appeared before me, ..........
the Justice OF the Peace IN and tor the.
Justice District of ........ County, Florida.
......, Who being duly sworn, deposeS and says
that he has read the itemized sworn statement of
......... filed against him in this Court on the
=; day Of -. A D. -, and he is not in
debted to the plaintiff in the alleged, but is
indebted to the plaintiff in the sum of ...--.-..
dollars
Sworn to and subscribed before me this the o..
day of ............., A. D. ......
Justice of the Peace
Sec. z. The sworn statement of the account as
aforesaid and the denial of the obligation as afore
said shall constitute all the necessary pleadings
and the shall thereupon he considered at issue
and the next trial term day after the filing of said
denial shall be the trial day for said cause. and ali
such trials may be had before the Justice Of the
Peace without Jury. unless one of the parties to
the action demands jury trial in which event
the party demanding the Jury trial shall deposit
sufficient costs to pay the Jury, and jury of six
good and lawful men shall be summoned from the
body of the county, returnable instanter to try
the issue between the parties.
Sec. s. Should the defendant aver in his denial
that he owes the plaintiff a sum of money less
than the sum claimed by plaintiff and deposits the
same in court, and the verdict upon the trial of
said cause should be that the defendant IS in
debted to plaintiff in the sum in which the defend
ant AYERS that he is indebted to plaintiff or less
amount, then in that event plaintiff shall have
judgment against the defendant tor the amount
found in the verdict but the costs which have
accrued in said cause shall be taxed against the
plaintiff and should defendant deny in full plain
tfts claim. and the verdict be for the defendant.
then the costs shall be taxed against the plaintiff
otherwise. the judgment shall be for the amount
named in the verdict IN favor of the plaintiff
against the defendant. together with the costs
which have accrued in said cause
Sec. 9. Upon a trial in Justice of the Peace
Court upon papers filed and hereinbefore men,
toned, any matter or thing going to the merits of
the contention between the parties which would
be admissible in evidence under any other rules of
pleadngs. under the laws OF Florida, shall be ad-
mitted in evidence.
Sec. 10. Upon judgment being entered in any
cause execution shall thereupon be issued against
the party against whom judgment is rendered, for
the amountof such judgment and costs, and such
execution shall be served by che executive officer
OF the Court issuing the same.
Sec. II. In all other suits in Justice of the
Peace Courts based upon causes of action not
enumerated in Section 2 the rules OF p,eadings
and practice governing the Circuit Courts of the
State OF Florida shall prevail and be enforced.
cept that there shall be two rule days in each
month, as is provided in Section Of this Act.
Sec. u. All laws and parts of laws in conflict
with this act are hereby repealed.
Sec. IL. This Act shall go into effect imrnedi-
ately upon its passage and approval by the Gov
ernOr.
Approved June 8. 1909.