Rule 1.907.Trial assignments
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.907
Plain-English Summary
Rule 1.907(1) gives the court several routes to assigning a civil case for trial: the conclusion of a scheduling or pretrial conference, the conclusion of a trial-setting conference, the agreement of all parties or their counsel, or the court's own motion after consulting counsel for every party. Dissolution of marriage and small claims cases get a shortcut — those can be set for trial without consulting counsel first, though the court administrator can reschedule on request if that creates a conflict. The court can also delegate its trial-assignment power to the court administrator or another suitable person.
Rule 1.907(2) turns to a different track: appeals from small claims cases. At least twice a month, the clerk has to present the file, along with any transcript or exhibits, to a judge authorized to hear the appeal, for every small claims appeal filed more than 20 days earlier.
Those appeals are decided on the record, without oral argument, unless a party files a written request within 20 days of taking the appeal that specifies the issues to be argued — only then may the judge schedule argument. And the appellate judge does not take new evidence beyond what is authorized by statute; the appeal proceeds on what the trial-level record already contains.
Frequently Asked Questions
How does a civil case get assigned a trial date under Rule 1.907?
The court can assign it by order at the conclusion of a scheduling or pretrial conference, at the conclusion of a trial-setting conference, by agreement of all parties or their counsel, or on the court's own motion after consulting counsel for all parties.
Do dissolution of marriage and small claims cases follow the same trial-assignment process?
Not entirely. Rule 1.907(1) allows those cases to be set for trial without first consulting counsel, though the court administrator can reschedule at counsel's request if there is a scheduling conflict.
How quickly does a small claims appeal get in front of a judge?
Rule 1.907(2) requires the clerk, at least twice a month, to present the file, transcript, and exhibits to an authorized judge for every small claims appeal filed more than 20 days earlier.
Do I get oral argument on a small claims appeal?
Only if you ask. Rule 1.907(2) decides these appeals on the record without oral argument unless a party files a written request within 20 days of taking the appeal, specifying the issues to be argued.
Can new evidence come in during a small claims appeal?
Generally no. Rule 1.907(2) states that additional evidence is not received except as authorized by statute, so the appeal proceeds on the existing record.