Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Rescheduling, cancellation, extension, and postponement requests must have legitimate reasons and may not be sought solely for delay or an unfair advantage.
- Continuance requests based solely on preferring an in-person appearance are disfavored, must satisfy an extraordinary-circumstances standard, and should be made as early as practicable.
Request must include
Document Format Requirements34 rules
Proposed orders must not contain memos, notes, or comments.
Do not insert memos, notes, or comments into your documents.
Proposed orders must not contain page breaks or section breaks.
Do not use page breaks or section breaks in your document.
Do not place spaces before the JJJJ, GGGG, or AAAA codes, and use the Right Alignment button to position signature fields.
Do not put spaces in front of the JJJJ, GGGG or AAAA. To move the signature fields to the preferred location you should only use the Right Alignment Button.
Proposed orders must be created in the latest version of Microsoft Word in .docx format.
Proposed Orders must be created in the latest version of Word (.docx)
DOCX
All proposed orders must use one of the court's website templates, which should be saved and reused.
*** PLEASE be sure you are using one of the Proposed Order templates found on our website at https://www.circuit5.org/submitting-proposed-orders/. Save these templates to your own PC and re-use them for all Proposed Orders you submit in the 5th Judicial Circuit.
Proposed orders must be submitted as Microsoft Word .docx files.
Proposed Orders MUST be submitted in Microsoft Word .docx format.
DOCX
Proposed orders must include DJMCA formatting.
Proposed Orders in the 5th Judicial Circuit MUST include DJMCA formatting.
DJMCA codes must be written in capital letters.
The codes MUST be in all CAPITAL LETTERS.
Use each code no more than once per line; two codes on one line will not work.
These codes MUST ONLY be used once per line. Two codes per line will not work.
Each DJMCA field must contain exactly four letters.
You must add ONLY 4 letters for each field.
DJMCA codes must be used in pairs.
You must use DJMCA codes in pairs (e.g., JJJJ & DDDD for Judge’s signature).
A proposed order must not contain any images.
Please be sure your Proposed Order is void of ANY images.
After electronic signature by the judge, the proposed order must be converted to a PDF/A-compliant document for E-Portal filing.
Once the Judge signs the Proposed Order electronically, all Proposed Orders are required to be converted to a PDF/A compliant document for E-Filing by the E-Portal.
PDF A
The proposed order's Word document must contain no page breaks, line breaks, or section breaks.
Your Word document should be completely void of any page breaks, line breaks and section breaks, as they pose a significant risk for PDF/A conversion and electronic signing.
The proposed order must be submitted as a Microsoft Word .docx document.
The Proposed Order must be a Microsoft Word Document (.docx).
DOCX
Proposed orders must not include or attach exhibits.
Be sure NOT to include or attach any exhibits to your Proposed Order as it will present an issue for the signature and PDF/A conversion process.
Proposed orders must use plain text and must not contain text boxes, macros, formulas, Word field codes, or similar additional formatting.
Plain text must be used; Any additional formatting like TEXT boxes, macros, formulas, Word field codes, etc., will present issues for the Judge when signing electronically.
Proposed-order documents must not contain page breaks or section breaks.
Do not use page breaks or section breaks in your document.
Proposed-order documents must not contain memos, notes, or comments.
Do not insert memos, notes, or comments into your documents.
Each proposed-order code may appear only once on any line.
These codes should only be used once per line.
All required proposed-order codes must be written in capital letters.
The codes must be all capital letters.
Use of page breaks or section breaks may result in rejection because the clerk cannot delete the resulting filed pages.
This will also result in the rejection of your document because the clerk’s office cannot delete pages once filed.
Failure to use right alignment may prevent signatures from adhering and may result in rejection of the proposed order.
Failure to do this will result in the signature(s) not adhering and possible rejection of your document.
Proposed orders must be created in the latest version of Microsoft Word and submitted as .docx files.
Proposed Orders must be created in the latest version of Word (.docx)
DOCX
Proposed-order signature and related fields must use the specified code pairs.
You must use the codes as pairs (e.g., JJJJ & DDDD for Judge’s signature). Below are the required pairs.
The JJJJ, GGGG, and AAAA signature codes must not have preceding spaces.
Do not put spaces in front of the JJJJ, GGGG or AAAA.
Each proposed-order code must contain all four letters of the required code.
You must add all 4 letters for each field.
If a cover letter is submitted, it must be an Adobe PDF containing details that would ordinarily be provided to the judge or judicial assistant by email.
Cover Letters must be submitted as an Adobe .pdf document with any details that would normally be given to the Judge/JA via email for the Proposed Order
When using the court's templates, format the proposed order so the judge's signature, which will occupy four lines, does not appear on a page by itself.
When working from the templates we have provided to you on our website, please keep in mind the DJMCA code for Judge’s signature will be replaced by a signature that will occupy 4 lines. Keep your formatting such that the signature does not land on a page by itself.
When bulk-generating Word documents, filers should check for hidden fields and special characters using Word's Show/Hide feature.
If you or your system is using any system or application to bulk generate Word documents, please check all hidden fields or special characters by clicking the “Show/Hide” button in Word to discover hidden characters like spaces, paragraph markers or hidden tab marks.
Signature fields must be positioned using the Right Alignment Button.
To move the signature fields to the preferred location you should only use the Right Alignment Button.
Blank pages created by page or section breaks may make the filing appear to be missing a page.
It will look as though a page of the filing is missing, even though it was only a blank page.
Hidden memos, notes, or comments may appear in the filing system and may be difficult for the recipient to remove.
Hidden formatting like this will show up in the system and is difficult to remove for the recipient.
Page breaks or section breaks can create blank pages in the filing system.
This causes blank pages to occur in the system.
Document Filing Requirements30 rules
Proposed orders must use the specified signature-field code pairs, including DDDD/JJJJ, MMMM/AAAA, RRRR/GGGG, and CCCC.
You must use the codes as pairs (e.g., JJJJ & DDDD for Judge’s signature). Below are the required pairs. • DDDD = Judge Signature Date/ JJJJ = Judge Signature • MMMM = Mailing Date/ AAAA = Judicial Assistant Signature • RRRR = Reported and Recommended Date/ GGGG = GM or JHO Signature • CCCC = Service List
Document Type
Proposed Order
Each electronic-signature code must contain all four capital letters and may appear only once per line.
The codes must be all capital letters. You must add all 4 letters for each field. These codes should only be used once per line.
Document Type
Proposed Order
Every proposed order must include the Unified Case Number.
All Proposed Orders MUST include the Unified Case Number (UCN).
Document Type
Proposed Order
A request for an immediate hearing must accompany or promptly be made upon any filed objection to a compulsory examination.
A hearing must be immediately requested on any objection filed.
Document Type
Hearing Request On Examination Objection
A request for a nonphysical examination under Rule 1.360(a)(1)(B) must specify the examination's time, place, manner, conditions, and scope and the examiner's name and qualifications.
Please make certain the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination are set forth with specificity.
Document Type
Nonphysical Examination Request
An examination request must specify the examination's time, place, manner, conditions, and scope, together with the examiner's name and qualifications.
Requests for an examination must set forth the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity.
Document Type
Examination Request
An objection to a compulsory examination must state the specific reasons for the objection.
The objections must state the specific reasons for the objections.
Document Type
Examination Objection
Within seven days after the examination, plaintiff's counsel must provide written notice identifying each attendee's name, relationship to the plaintiff, and the number of persons attending.
Plaintiff's counsel will notify, in writing within 7 days of the examination, the names, relationship to the plaintiff, and number of persons who will be present so that an examining room of sufficient size can be reserved.
Document Type
Post Examination Attendance Notice
The Uniform Final Judgment of Foreclosure form must be used, or written permission to deviate must be obtained, and the exact legal description must be included.
Uniform Final Judgment of Foreclosure form used or written permission rec’d to deviate and exact legal description included.
Document Type
Uniform Final Judgment Of Foreclosure
The foreclosure packet must include the original mortgage or, if the mortgage is lost, a count re-establishing the mortgage with a supporting affidavit.
Original Mortgage filed; or Count to Re-establish Lost Mortgage plead & affidavit filed in support of lost mortgage.
Document Type
Original Mortgage
The motion for summary judgment, notice of hearing, and all supporting documents must be e-filed and sent to defendants under Florida Rule of Civil Procedure 1.510.
Motion for Summary Judgment, Notice of Hearing and all other supporting documentation E-filed & sent to Defendants pursuant to Florida Rule of Civil Procedure 1.510.
Document Type
Summary Judgment Packet
The checklist's attorney certification must be certified by the attorney appearing in person at the hearing.
ATTORNEY’S CERTIFICATION – Must be certified by the attorney appearing in person at the hearing
Document Type
Attorney Certification
The potentially contested summary judgment section requires affidavits filed in opposition to the motion for summary judgment.
Affidavits filed in Opposition to Motion for Summary Judgment
Document Type
Opposition Affidavits
The notice of sale, certificate of sale, and certificate of title must be forwarded to the clerk's office.
Notice of Sale, Certificate of Sale and Certificate of Title (forward to Clerk's office)
Document Type
Foreclosure Sale Documents
A certificate of possession of the original note must be filed under Florida Statutes section 702.015(4).
Certificate of Possession of Original Note is filed (F.S. 702.015(4))
Document Type
Certificate Of Possession Of Original Note
An affidavit of indebtedness addressing principal, interest, and late charges must be included in the foreclosure packet.
Affidavit of Indebtedness (Principal, Interest, Late Charges)
Document Type
Affidavit Of Indebtedness
The foreclosure summary judgment checklist and all required supporting documents must be completed and e-filed at least 10 business days before the hearing.
This checklist must be completed IN FULL and submitted via e-filing along with all of the other required supporting documentation 10 business days prior to the summary judgment hearing.
Document Type
Summary Judgment Checklist
A verified complaint must be filed as required by Florida Rule of Civil Procedure 1.115(e).
Was a verified Complaint filed as required by Rule of Civil Procedure 1.115(e).
Document Type
Verified Complaint
The foreclosure packet must include the original note or, if the note is lost, a count re-establishing the note with a supporting affidavit.
Original Note filed ; or Count to Re-establish Lost Note plead and affidavit filed in support of lost note.
Document Type
Original Note
An affidavit concerning costs must be included in the foreclosure packet.
Affidavit as to Costs
Document Type
Cost Affidavit
The attorney appearing at the hearing must re-certify to the court that the checklist is accurate.
The attorney appearing before the Court at the hearing shall re-certify the accuracy of this Checklist to the Court.
Document Type
Summary Judgment Checklist
An affidavit concerning attorney fees, stating either an hourly rate or a flat fee, must be included in the foreclosure packet.
Affidavit as to Attorney Fees (rate per hour or flat fee). Is attorney fee less than 3% of principal?
Document Type
Attorney Fee Affidavit
The foreclosure packet must show that the plaintiff is the original lender or include an allonge or assignment.
Plaintiff is original lender; or Allonge or Assignment filed
Document Type
Lender Standing Documents
A lawyer must promptly prepare a proposed order that accurately reflects the court’s ruling without argument, inflammatory remarks, or unannounced findings, and advise the court whether opposing counsel approved it.
A lawyer must promptly prepare a proposed order, ensure that the order fairly and adequately represents the court's ruling and does not include any argument, inflammato:ry remarks, or unannounced findings, before submitting the order to the court, and advise the court whether or not opposing counsel has approved the order. (See R. Regulating Fla. Bar 4-3.4(c)).
Document Type
Proposed Order
Every notice of a remote proceeding must include meeting information required by the court when the hearing is scheduled.
All notices of remote proceedings must include any meeting information required by the Court at the time of scheduling of the hearing
Document Type
Notice Of Remote Proceeding
A notice of a remote proceeding must state that the proceeding will occur by video conferencing.
indicate that the proceeding will occur by video conferencing.
Document Type
Notice Of Remote Proceeding
When available, a remote-proceeding notice must include complete and accurate video-conferencing links and login information.
include, if available, the video conferencing details, including complete and accurate links and login information.
Document Type
Notice Of Remote Proceeding
A remote-proceeding notice must provide telephone participation instructions when a self-represented party lacks access to the video-conferencing platform.
provide instructions for participation by telephone if a self-represented party does not have access to the video conferencing platform that is being used.
Document Type
Notice Of Remote Proceeding
A remote-proceeding notice must state that parties and counsel should not appear in person unless a hybrid hearing has been anticipated, indicated, and previously arranged.
state that no party or counsel should appear in person at the proceeding, unless a hybrid remote/in-person hearing is otherwise anticipated, indicated, and previously arranged; and
Document Type
Notice Of Remote Proceeding
A proposed order containing errors will be returned to its creator for correction.
If a Proposed Order is submitted with errors, it will be sent back to the creator to correct.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
When multiple proposed orders are submitted in one filing, each order must be uploaded separately to the E-Portal.
If you are submitting multiple Proposed Orders within a single filing, each order MUST be uploaded as a separate document on the E-Portal.
Page 2 | PROPOSED ORDER DOCUMENT FORMATTING GUIDELINES
All foreclosure packet documents must be e-filed with the clerk when hearing time is reserved.
FORECLOSURE PACKET (All documents must be e-filed with the Clerk of Court when hearing time is reserved).
Page 1 | FORECLOSURE PACKET
A cover letter is optional, but if submitted it must be an Adobe PDF containing relevant details and must be uploaded separately from the proposed order.
A Cover Letter is Optional. Refer to the Judges Proposed Orders Requirements. Cover Letters must be submitted as an Adobe .pdf document with any details that would normally be given to the Judge/JA via email for the Proposed Order (Ex: Stipulation agreed upon by both attorney’s). This Cover Letter will be uploaded to the portal as a separate document from your Proposed Order.
Page 1 | Procedures for Submitting a Proposed Order in the 5th Judicial Circuit
Filing Timing and Cure Windows
The summary judgment hearing is identified as occurring 40 days after the motion for summary judgment was filed.
Is hearing 40 days after MSJ filed?
Page 1 | FORECLOSURE PACKET
Service and Proof of Service Rules
All pleadings must be served timely to prevent prejudice or delay to the opposing party.
A lawyer must timely serve all pleadings to prevent prejudice or delay to the opposing party. (See R. Regulating Fla. Bar 4-3.2).
Page 4 | III. HONEST AND EFFECTIVE COMMUNICATION
A scheduling notice for a hearing, deposition, or trial must be provided immediately to all opposing parties.
A lawyer should immediately provide a scheduling notice for a hearing, deposition, or trial to all opposing parties.
Page 7 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
Opposing parties, subpoenaed witnesses, and the Court when applicable must be timely notified of a cancelled or rescheduled hearing, deposition, or trial.
A lawyer should timely notify opposing parties and subpoenaed witnesses of a cancelled or rescheduled hearing, deposition, or trial, including the Court when related to a hearing.
Page 7 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
Adjournment & Extension Requirements
Rescheduling, cancellation, extension, and postponement requests must have legitimate reasons and may not be sought solely for delay or an unfair advantage.
19. A lawyer must not request rescheduling, cancellations, extensions, and postponements without legitimate reasons or solely for the purpose of delay or obtaining unfair advantage. (See R. Regulating Fla. Bar 4-4.4).
Page 9 | Professional Expectations
Continuance requests based solely on preferring an in-person appearance are disfavored, must satisfy an extraordinary-circumstances standard, and should be made as early as practicable.
Requests for continuances based solely on a participant's preference to wait until the court event can be conducted in person are disfavored and will be considered only under extraordinary circumstances. Parties and counsel should make any such requests as early as practicable.
Page 13
Chambers Communication Rules
A lawyer must avoid substantive ex-parte communications with the presiding judge in a pending case.
A lawyer must avoid substantive ex-parte communications in a pending case with a presiding judge.
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
A lawyer must notify opposing counsel of communications with the court or tribunal unless the communication concerns only scheduling or clerical matters.
The lawyer must notify opposing counsel of all communications with the court or other tribunal, except those involving only scheduling or clerical matters. (See R. Regulating Fla. Bar 4-3.5).
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
When submitting a written court or tribunal communication, a lawyer should provide opposing counsel a contemporaneous copy or one sufficiently before the related hearing.
When submitting a written communication to a court or other tribunal, a lawyer should provide opposing counsel with a copy of the document contemporaneously or sufficiently in advance of any related hearing.
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
Non-lawyer personnel may communicate with judges, judicial officers, or other court personnel only about scheduling and other ministerial matters.
A lawyer must not permit non-lawyer personnel to communicate with a judge or judicial officer on any matters pending before the judge or officer or with other court personnel except on scheduling and other ministerial matters. (See Regulating Fla. Bar 4-3.5(b) and 4-8.4(a)).
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play