Preparing for and Presenting Your Civil Trial
Discovery and motions are over; now you have to try your case. This guide walks a Florida civil trial in order — how it gets set, whether you get a jury, the evidence rules a non-lawyer must know, how to get a document admitted and question a witness, and the short deadlines that follow the verdict.
What this guide covers
- How a case gets to trial
- The trial order & the docket
- Jury or judge? Demanding a jury
- The pretrial conference & stipulation
- Exhibit & witness lists (+ template)
- Subpoenaing witnesses & documents
- Motions in limine (+ template)
- Evidence I: relevance & getting a document in
- Evidence II: hearsay, records & best evidence
- Objections: making & answering them
- The order of a civil trial
- Questioning witnesses: direct & cross
- Burden of proof & your elements
- Jury instructions, closing & the verdict
- After the verdict: motions & the appeal clock
- Checklist & free legal research
Start Here
A trial is won on preparation, not eloquence
By the time you reach trial, the case is a contest of admissible evidence and preserved objections — not a speech contest. The litigant who is organized usually prevails over the one who is merely persuasive.
This guide assumes discovery and motions are behind you and the court has set your case for trial. It walks the trial in order — getting ready, the evidence rules that decide what the fact-finder ever hears, how to put on your case, and the short, unforgiving deadlines that follow the verdict.
Under Florida's 2025 rules, a motion to continue the trial "is disfavored and should rarely be granted, and then only upon good cause shown." Being unprepared, changing lawyers, or a party's voluntary absence is not good cause.3 Prepare as if there will be no delay.
Stage 1 · Get Set
How a case gets to trial
Since 2025, Florida civil cases run on active case management, and the court — not the parties — drives the schedule to trial.
Within 120 days of filing, the court assigns every non-exempt civil case to a track — streamlined, general, or complex — and issues a case management order with deadlines and a projected trial period.1 The old requirement that a case be "at issue" before it could be set is gone; the court sets the case consistent with that order, and not later than 45 days before the projected trial period it enters an order fixing the actual trial period.2
Stage 1 · Get Set
The trial order and the docket
Your trial order is the master document. Read it the day you receive it and calendar every deadline in it.
Many Florida civil cases are set on a trial period (a block of days or weeks) rather than a single fixed hour, with a calendar call shortly before where the judge confirms which cases are ready. The trial order typically also sets deadlines for exchanging exhibit and witness lists, filing motions in limine, and submitting proposed jury instructions.
Missing the calendar call or docket sounding can lead to dismissal or default before the trial ever begins. Confirm the date and appear.
Stage 1 · Get Set
Jury or judge? Demanding a jury
A jury is not automatic — you have to ask for one, in writing and on time, or you waive it.
Florida preserves the constitutional right to a jury trial,4 but a party must demand a jury in writing no later than 10 days after the last pleading directed to the issue (the demand can be endorsed on a pleading).5 Failing to demand a jury waives it, and once waived it cannot be had without the consent of all parties.6
Jury trial
The jury finds the facts and returns a verdict; the judge instructs it on the law. Adds jury selection, a charge conference, and instructions.
Bench (non-jury) trial
The judge is both fact-finder and law-giver, usually issuing findings of fact and conclusions of law. Often more streamlined.
Stage 2 · Prepare
The pretrial conference and stipulation
Before trial, the court will usually require the parties to narrow the case in a pretrial stipulation.
Under the case-management rules, the court holds conferences to simplify the issues and obtain stipulations, and many judges require a joint pretrial stipulation listing agreed facts, contested issues, exhibits, witnesses, and pending motions.7 Read your trial order's requirements carefully — its deadlines are enforceable, and an undisclosed witness or exhibit can be excluded.
Stage 2 · Prepare
Exhibit and witness lists
List everything and everyone you might use. What you leave off, you may not be allowed to use.
Your trial order will set deadlines to exchange (and often file) an exhibit list and a witness list. List every document you may introduce and every person you may call — including records custodians you need to authenticate documents. Failing to disclose is a common ground for exclusion.7
Stage 2 · Template
Sample: Exhibit and Witness List
Conform to your judge's trial order, but the essentials look like this.
Stage 2 · Prepare
Subpoenaing witnesses and documents
A witness who will not come voluntarily must be commanded to appear.
To compel a non-party to testify at trial, serve a trial subpoena; to make them bring documents, use a subpoena duces tecum.8 As a self-represented party you can obtain a subpoena from the clerk. Serve it with enough time to comply, and tender any required witness and mileage fees.8
Stage 2 · Prepare
Motions in limine: winning before you start
A motion in limine asks the judge to rule — before trial — that certain evidence stays out, so a jury never hears something unfairly prejudicial.
Motions in limine rest on the evidence rules, especially relevance and the rule excluding evidence whose probative value is substantially outweighed by unfair prejudice.9 A granted motion keeps the material away from the jury, and violating an in-limine order can prompt a mistrial or sanctions.
Evidence · Part I
Relevance, and getting a document into evidence
Documents do not become evidence just because you hand them up. You must authenticate each one and move it in.
All relevant evidence is admissible unless a rule bars it, but relevant evidence is excluded if its probative value is substantially outweighed by unfair prejudice, confusion, or needless repetition.9 Before a document comes in, you must authenticate it — offer evidence sufficient to support a finding that it is what you say it is, usually through a witness with knowledge.10
Getting an exhibit admitted, step by step
Mark it
Have it marked for identification (Plaintiff's / Defendant's Exhibit number).
Show & authenticate
Show it to the other side, hand it to the witness, and ask: "Do you recognize this? What is it? How do you know?"
Lay any hearsay foundation
If it is an out-of-court record, satisfy an exception (often the business-records predicate).
Move it in
"Your Honor, I move Exhibit 3 into evidence." The court rules; if admitted, you may publish it.
Evidence · Part II
Hearsay, business records, and best evidence
Three rules trip up self-represented litigants more than any others. Learn them before trial.
Hearsay is an out-of-court statement offered to prove the truth of what it asserts, and it is generally inadmissible unless an exception applies.11 Key exceptions include the business-records exception — records made at or near the time by someone with knowledge, kept in the regular course of business, shown through a custodian or a written certification12 — and admissions by a party-opponent (what the other side said can be used against them).11 Under the best-evidence rule, to prove the contents of a writing you generally need the original, though duplicates are usually admissible to the same extent.13
If your case depends on records — bank statements, medical bills, a business's files — arrange in advance for a custodian to testify or for a written business-records certification, or the documents may be kept out as hearsay.12
Evidence · Part III
Objections: making them and answering them
Objections shape the record — and preserve your right to appeal. State a specific ground, promptly.
Common grounds include relevance, hearsay, lack of foundation or authentication, leading, speculation, and best evidence.9 To answer an objection, either explain why the ground fails (for example, "not offered for its truth," or name the exception) or cure the defect and re-offer. If your evidence is excluded, make an offer of proof so the record shows what you would have presented.14
An appellate court will generally consider only issues you raised below, on the specific ground you argue on appeal. No objection — or the wrong objection — usually means the issue is gone.14
The Main Event
The order of a civil trial
Every trial follows the same arc. Knowing the sequence lets you prepare each moment in advance.
1 · Preliminary matters
Calendar call, rulings on motions in limine, and "the rule" (sequestering witnesses).
2 · Jury selection (jury trials)
Voir dire and challenges to prospective jurors.
3 · Opening statements
A preview of the evidence — not argument. Plaintiff first, then defendant.
4 · Plaintiff's case-in-chief
Plaintiff's witnesses and exhibits; defendant cross-examines; plaintiff may redirect.
5 · Motion for directed verdict
After the plaintiff rests, the defendant may move; it is granted only if no reasonable jury could find for the plaintiff.
6 · Defense case & rebuttal
Defendant's evidence, then any rebuttal by the plaintiff.
7 · Charge conference & instructions (jury)
The court settles the jury instructions; you must object or request to preserve error.
8 · Closing arguments
Now the parties argue the evidence. Plaintiff, defendant, then plaintiff's rebuttal.
9 · Verdict — or findings
The jury returns a verdict; in a bench trial the judge enters findings of fact and conclusions of law.
The motion for directed verdict must state specific grounds, and a denial does not discharge the jury.15 In a jury trial, written requested instructions are filed by the close of evidence, and all objections are made at the charge conference.16
On Your Feet
Questioning witnesses: direct and cross
The kind of question you may ask depends on whose witness it is.
On direct examination of your own witness, use open-ended questions; leading questions (which suggest the answer) generally are not allowed except to develop testimony. On cross-examination, and when you call a hostile or adverse witness, leading questions are permitted.18 If a witness forgets, you may refresh their recollection with a document — but the document itself is not evidence.19 You may impeach a witness with a prior inconsistent statement, including deposition testimony, after giving them a chance to explain or deny it.20
On direct, your job is to ask short questions that let the witness tell the story. If you find yourself making statements to the witness, you are testifying — and drawing objections.
Proving It
Burden of proof and your elements
You cannot prepare a trial without knowing exactly what you must prove.
In most civil cases the plaintiff must prove each element by the greater weight of the evidence — the more persuasive and convincing force of the evidence, meaning more likely than not.21 Identify the legal elements of your claim (for negligence: duty, breach, causation, damages) and match admissible evidence to each one. The Florida Standard Jury Instructions are a free, authoritative checklist of the elements and definitions for common claims.21
The Finish
Jury instructions, closing, and the verdict
In a jury trial, the instructions tell the jury the law it must apply; your closing shows how the evidence meets it.
Florida courts use the Standard Jury Instructions in Civil Cases. Requested instructions are submitted in writing, disputes are resolved at the charge conference, and the jury then deliberates and returns a general or special verdict.16 In a bench trial, the judge weighs the evidence and enters findings and a judgment, often after written submissions.
After
After the verdict: motions and the appeal clock
The deadlines that follow a verdict are short and jurisdictional. Calendar them the day the verdict comes in.
A motion for new trial (jury) or rehearing (non-jury), or to alter or amend the judgment, must be served within 15 days.22 A party who moved for a directed verdict may, within 15 days, move to set aside the verdict and enter judgment in accordance with that motion — Florida's version of a judgment notwithstanding the verdict.24 A notice of appeal must be filed within 30 days of rendition of the final judgment; a timely, authorized post-trial motion postpones rendition until it is decided.25
Filing a timely new-trial motion pauses the appeal clock — but once the court rules on it, calendar the 30-day appeal deadline from that order. Missing it is a fatal, irremediable defect.25
Before Trial
A quick trial-readiness checklist
- I read the trial order and calendared every deadline and the calendar call.
- I demanded a jury in time if I wanted one (or understand it is a bench trial).
- I exchanged and filed my exhibit list and witness list on time.
- I subpoenaed any witness who will not appear voluntarily.
- For each exhibit, I know who authenticates it and any hearsay exception.
- I lined up records custodians or business-records certifications.
- I matched admissible evidence to every element I must prove.
- I built tabbed exhibit binders — copies for the judge, witness, other side, and me.
- I know I must object with a specific ground and make an offer of proof if excluded.
Where to find Florida law — for free
Rules and procedures change, and every circuit and judge has a trial order with its own deadlines and format requirements. Confirm the current rule and your judge's procedures before trial. For more OLSI guides, visit openlawservices.org.
Sources & Authorities
Endnotes
Every legal proposition in this guide is grounded in the authorities below, cited in Bluebook form and verified against official Florida sources as of July 2026.
- Fla. R. Civ. P. 1.200 (2025) (case management; assignment to streamlined, general, or complex tracks; case management order within 120 days setting a projected trial period). ↩
- Fla. R. Civ. P. 1.440 (2025) (setting an action for trial consistent with the case management order; order fixing the trial period not later than 45 days before the projected period). ↩
- Fla. R. Civ. P. 1.460 (2025) (motions to continue trial disfavored; good cause required; lack of preparation, change of counsel, and voluntary absence are not good cause). ↩
- Art. I, § 22, Fla. Const.; Fla. R. Civ. P. 1.430(a) (right of trial by jury preserved). ↩
- Fla. R. Civ. P. 1.430(b) (written demand for jury trial served no later than 10 days after the last pleading directed to the issue). ↩
- Fla. R. Civ. P. 1.430(d)–(e) (waiver of jury trial by failure to timely demand). ↩
- Fla. R. Civ. P. 1.200 (2025) (pretrial conferences, stipulations, and simplification of issues; exhibit and witness disclosure imposed by the court's trial order). ↩
- Fla. R. Civ. P. 1.410 (subpoenas for testimony and for production; issuance and service). ↩
- §§ 90.401–90.403, Fla. Stat. (2025) (relevance; admissibility of relevant evidence; exclusion where probative value is substantially outweighed by unfair prejudice, confusion, or needless presentation). ↩
- §§ 90.901–90.902, Fla. Stat. (2025) (authentication; self-authenticating documents, including certified public records and business-records certifications). ↩
- §§ 90.801–90.803, Fla. Stat. (2025) (definition of hearsay; general inadmissibility; exceptions, including admissions by a party-opponent under § 90.803(18)). ↩
- § 90.803(6), Fla. Stat. (2025) (records of a regularly conducted business activity; foundation by custodian or written certification). ↩
- §§ 90.952–90.954, Fla. Stat. (2025) (best-evidence rule; admissibility of duplicates; other evidence of contents when originals are unavailable). ↩
- Fla. R. Civ. P. 1.450(a) (record of excluded evidence; offer of proof); § 90.104, Fla. Stat. (2025) (rulings on evidence). ↩
- Fla. R. Civ. P. 1.480(a) (motion for directed verdict; specific grounds; denial does not discharge the jury). ↩
- Fla. R. Civ. P. 1.470 (instructions to the jury; written requests by the close of evidence; objections at the charge conference); Fla. Std. Jury Instr. (Civ.). ↩
- § 90.612, Fla. Stat. (2025) (mode and order of interrogation; leading questions on direct, cross, and of hostile or adverse witnesses). ↩
- § 90.613, Fla. Stat. (2025) (refreshing the memory of a witness). ↩
- §§ 90.608, 90.614, Fla. Stat. (2025) (impeachment; prior inconsistent statements; opportunity to explain or deny). ↩
- Fla. Std. Jury Instr. (Civ.) 401.3 ("greater weight of the evidence" — the more persuasive and convincing force and effect of the entire evidence). ↩
- Fla. R. Civ. P. 1.530(b), (g) (motion for new trial or rehearing, and to alter or amend the judgment, served within 15 days). ↩
- Fla. R. Civ. P. 1.480(b) (motion to set aside verdict and for judgment in accordance with the motion for directed verdict, within 15 days). ↩
- Fla. R. App. P. 9.020(h), 9.110(b) (rendition; tolling by timely, authorized post-trial motions; notice of appeal within 30 days). ↩
A note on citations: Florida's civil procedure rules were substantially amended in 2025, and each circuit and judge issues a trial order with its own deadlines and formatting requirements. Always confirm the current text of any rule or statute and your judge's trial order before relying on it.