Florida 5 Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter) Service and Proof of Service Rules

Deadline

48 hours

Applies to

Documentary evidence

Service

Email

Documentary evidence intended for introduction at a Zoom or in-person hearing must be scanned as a PDF and emailed to the Judicial Assistant at least 48 hours before the hearing.

If a party intends to request the introduction of any documentary evidence during a hearing that has been scheduled to occur via Zoom or in person, the items of evidence shall be scanned as a PDF and e-mailed to the Judicial Assistant 48 hours in advance of the hearing at mberrios@circuit5.org.

Applies to

Proposed order

The certificate of service must use language substantially similar to the quoted certification of service by electronic service and/or regular U.S. mail.

The certificate of service shall contain language substantially similar to the following: “I hereby certify that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.”

Service

Mail

For a non-e-service self-represented litigant, service must be made by U.S. mail and certified through a filed notice of service within five days after entry of the order.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Applies to

Proposed order

Service

Mail

The submitting attorney must mail a copy of the proposed order to any pro se party and file a certificate of compliance.

The attorney submitting the proposed order shall ensure that any pro se party receives a copy of the order via U.S. Mail and shall file a certificate of compliance confirming compliance with this requirement.

Applies to

Pre marked evidence

Service

Mail

Pre-marked evidence must be mailed to unrepresented parties at least ten days before the hearing unless they agree to electronic receipt.

If there are any unrepresented parties involved in your case, a copy of the pre-marked evidence shall be served on them, via US Mail, at least ten (10) days prior to the hearing, unless they agree to receive it electronically.

Deadline

5 calendar days

Applies to

Proposed order

Service

Mail

For a self-represented litigant not using portal e-service, the proposed order must provide for U.S. mail service and a filed notice of service within five days after order entry.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Service

Email to all parties

All parties or their attorneys must be copied on correspondence to the court.

All other parties to the case (or their attorneys, if they are represented) must be copied on all correspondence to the Court.

Service

Electronic service to court

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

Service

Electronic service

Attorneys and self-represented litigants must update their registered electronic-service email information using Form 2.603 whenever the email account changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

Applies to

Communication

Service

Court service to all parties

Any communication intended for judicial consideration must be filed through the clerk and copied to all interested parties.

Any and all communication that a person desires to have considered by the Court must be filed with the Clerk of the Court for docketing into the Court file, and copies must be provided to all interested parties.

Applies to

Proposed order

Every proposed order must include a certificate of service identifying all counsel and parties to be served.

All proposed orders shall include a certificate of service with the names of all counsel/parties to be served.

An attorney with an unavoidable scheduling conflict must promptly provide written notice to opposing counsel, each affected court clerk, and each presiding judge.

That rule requires the attorney to give prompt written notice of the conflict to opposing counsel, the clerk of each court, and the presiding judge of each case.

Service

Mail

A represented party must serve the proposed order on a non-electronically served self-represented litigant by regular U.S. mail.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Applies to

Hearing materials

Service

Email

Hearing materials and case law must be emailed at least five days before the hearing and must not be mailed.

Please email any hearing materials/caselaw at least 5 days prior to the hearing, do not mail them in.

Applies to

Proposed order

Service

Mail to opposing party

Within five days after electronic service of the order, the submitting attorney must mail it to each self-represented party by first-class mail and file a signed certificate of delivery.

It is further ORDERED that within 5 days from the date of e-service of this Order, the attorney submitting this Order shall furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order has been made as set forth herein.

Applies to

Motion

Pro se motions must be filed with the Criminal Division clerk and accompanied by copies to the State Attorney and judge's office.

Pro se motions must be filed with the Clerk of Circuit Court, Criminal Division, with copies to the State Attorney and the Judge’s office.

Deadline

2 business days

Service

Email to opposing party

Evidence must be electronically served on opposing counsel at least two business days before the hearing or trial.

Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.

Service

Electronic service to opposing party

Evidence for all evidentiary hearings must be submitted electronically to the judicial assistant and shared electronically with opposing counsel or the opposing party.

Evidence for ALL evidentiary hearings (Zoom and live) shall be submitted to the judicial assistant at hernandoprobate@circuit5.org, as well shared with opposing counsel/party, in an electronic format

Applies to

Pretrial order

The plaintiff must serve the pretrial order on each defendant, obtain proof of service, and file that proof in the court file.

NOTICE: IT IS THE PLAINTIFF'S RESPONSIBILITY TO SERVE THIS ORDER TO EACH DEFENDANT, OBTAIN PROOF OF SERVICE AND FILE PROOF OF SERVICE INTO THE COURT FILE.

Applies to

Suggestion of noncompliance

A copy of the Suggestion of Non-compliance must be served on all counsel and sent to the court.

A copy of the Suggestion of Non-compliance must be served on all counsel and sent to the Court.

The movant must serve the summary-judgment motion consistently with deadlines in the case-management order or other court orders.

The movant must file and serve the motion for summary judgment consistent with the deadlines specified in the case management order or any court-ordered deadlines.

The movant must serve its supporting factual position when filing the summary-judgment motion.

At the time of filing a motion for summary judgment, the movant must also serve the movant's supporting factual position as provided in subdivision (1) above.

The nonmovant must serve a response with its supporting factual position no later than 40 days after service of the summary-judgment motion.

No later than 40 days after service of the motion for summary judgment, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.

Applies to

Pleadings

A lawyer must timely serve all pleadings to prevent prejudice or delay to the opposing party.

4. A lawyer must timely serve all pleadings to prevent prejudice or delay to the opposing party. (See R. Regulating Fla. Bar 4-3.2).

Applies to

Objection

An objection may initially be faxed or emailed, but a hard-copy follow-up is mandatory, with the original filed with the clerk and copies served on all parties of record.

The parties may fax their objection to (352)754-4273 or emailed to courtesy copy link (see website) but it shall always follow up by hard copy, with the original to the Clerk of the Circuit Court and copies to all parties of record, pursuant to the Rules of Civil Procedure.

Applies to

Case management order

The plaintiff must serve the order on each defendant, obtain proof of service, and file that proof in the court file.

NOTICE: IT IS THE PLAINTIFF'S RESPONSIBILITY TO SERVE THIS ORDER TO EACH DEFENDANT, OBTAIN PROOF OF SERVICE AND FILE PROOF OF SERVICE INTO THE COURT FILE.

Counsel must serve opposing counsel with the written statement within 45 days of the order.

Within 45 days of this Order, Counsel will file with the Clerk, serve opposing counsel, and deliver a copy to the undersigned Judge's Chambers, a written statement which shall contain the following:

Applies to

Complaint

Complaints must be served within 120 days of filing.

Service of Complaints | 120 Days

Deadline

5 calendar days

Applies to

Order

Service

Mail to all parties

Within five days after electronic service, plaintiff's counsel must serve the order on each self-represented party by first-class mail or e-filing and file a signed certificate of service.

5. Within five (5) days from the date of E-Service, Plaintiff's counsel shall serve a copy of this Order to each self-represented party by U.S. mail, first class, postage paid, or by e-file and file a certificate signed by said counsel that service has been made as set forth herein.

Applies to

Proposed order

When a pro se party or party lacking electronic-delivery information must receive the order, the motioning party must provide postage-paid, preaddressed envelopes or send the party a copy.

If pro-se parties (or parties with no email contact information provided in the e-portai system for electronic delivery) must receive a copy of the order, either a postage paid, preaddressed envelopes for the parties needs to be provided or the motioning party must send a copy to the pro-se party.

Applies to

Proposed order

Service

Electronic service

The proposed-order certificate of service identifies E-Service as the delivery method and lists each served party's counsel name, address, and email address.

I hereby certify copies of the foregoing were furnished by E-Service delivery on this ____ day of ____, 2023 to: Plaintiff's Counsel's Name Plaintiff's Counsel's Address Plaintiff's Counsel's email address Defendant's Counsel's Name Defendant's Counsel's Address Defendant's Counsel's email address Judicial Assistant

Deadline

120 calendar days

Applies to

Complaint

Complaint service is due within 120 days after filing the complaint in both streamlined and general cases.

Service of Within 120 days of Within 120 days of Complaints filing of the complaint filing of the complaint

Applies to

Order

The plaintiff must serve the order on each defendant, obtain proof of service, and file that proof in the court file.

NOTICE: IT IS THE PLAINTIFF’S RESPONSIBILITY TO SERVE THIS ORDER ON EACH DEFENDANT, OBTAIN PROOF OF SERVICE AND FILE PROOF OF SERVICE IN THE COURT FILE.

Applies to

Exhibits

Service

Email to opposing party

Pre-marked evidence must be served on opposing counsel or the pro se party by the required deadline.

Exhibits: Five days prior to any hearing, submit all evidence which you intend to rely on as pre-marked exhibits via PDF format to opposing counsel or pro se party and email to the Court at pbarto@circuit5.org.

Applies to

Proposed order

The submitting or prevailing party is responsible for serving an order on any party that is not registered in the e-filing portal.

It will be the submitting party or prevailing party’s responsibility to ensure orders are served upon any party not in the e-filing portal.

Applies to

Fact information sheet

When a proposed Final Judgment requires a Fact Information Sheet, it must be served with the judgment and the filed certificate of service must report that service.

If your proposed Final Judgment orders a Fact Information Sheet to be completed, you must serve that with a copy of the Final Judgment and include that it was served in your filed certificate.

Service

Electronic service to all parties

A true and correct copy of the order is furnished by electronic service to both the petitioner and respondent.

I HEREBY CERTIFY that a true and correct copy has been furnished on this ___ day of ____ 2026 by e-service to: Petitioner Respondent

Deadline

5 calendar days

Applies to

Proposed order

Service

Mail

For a self-represented litigant not using e-portal electronic service, the proposed order must state that regular U.S. mail service will occur and that a notice of service will be filed within five days after entry.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Applies to

Proposed order

Service

Mail

For a self-represented litigant not using e-filing portal service, the proposed order must provide for service by regular U.S. mail and a filed notice of service within five days after entry.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the prevailing party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

Deadline

2 business days

Applies to

Exhibits

Attorneys and self-represented parties must numerically sequence exhibits and furnish the court a physical exhibit copy with an index no later than two business days before the hearing.

Attorneys and self-represented parties shall mark all exhibits in numerical sequence and no later than two (2) business days before the hearing shall furnish a physical copy to the court with an index of the exhibits.

Applies to

Exhibits

Exhibits must be exchanged physically with the court and opposing counsel or party and may not be exchanged electronically.

Exchange of exhibits shall be in the form of a physical copy to the court and opposing counsel/party, not by electronic means and shall be bound in a trial notebook.

Applies to

Emergency motion

A proof of service or waiver of service must be electronically filed with the Court before the hearing on an emergency motion.

Proof of service or waiver of service on emergency motions must be e-filed with the Court prior to the hearing.

Deadline

24 hours

For an electronic evidentiary hearing, intended evidence must be shared with the opposing party and court no later than 24 hours before the hearing.

In the event an evidentiary hearing is necessary via electronic means, any documents, photographs or other evidence that counsel or a pro-se party intends to use at the hearing must be shared with the opposing party, and the Court, no later than 24 hours before the hearing.

Applies to

Supplemental petition

A party seeking to add allegations arising after filing must submit a Supplemental Petition and serve a copy on the Respondent.

If you would like to make additional allegations that occurred between the time of filing and the hearing, you must submit a Supplemental Petition and have a copy served on the Respondent.

Service

Electronic service to all parties

Every proposed-order email must copy all parties, and the correspondence must state when a copy was mailed to a party without email.

Any email submission shall copy ALL parties by email. If one or more of the parties do not have an email, your correspondence shall indicate that a copy has been mailed to those parties.

Service

Mail

The submitting attorney must mail the proposed order to any pro se party and file a certificate confirming compliance.

The attorney submitting the proposed order shall ensure that any pro se party receives a copy of the order via U.S. Mail and shall file a certificate of compliance confirming compliance with this requirement.

Deadline

40 calendar days

Service of a motion for summary judgment must be completed at least 40 days before the scheduled hearing.

Service at least 40 days Service at least 40 days before the time fixed for before the time fixed for the hearing the hearing

Applies to

Notice of hearing

The scheduling party must file and serve the Notice of Hearing on all required parties after confirmation.

Once confirmed, the scheduling party is responsible for filing and serving the Notice of Hearing on all required parties.

Applies to

Proposed order

Service

Electronic service to all parties

The court will electronically file and serve all orders through the e-Portal.

All orders will be e-filed and e-served upon everyone in the e-Portal.

Deadline

10 calendar days

Applies to

Proposed order

Service

Email

A proposed final judgment, exhibits, and procedural questions must be emailed to the court and opposing party 10 days before a final hearing.

A proposed final judgement, any exhibits, and all procedural questions are to be emailed ten days before any scheduled final hearing to JudgeLambertOrders@circuit5.org and opposing party or opposing party attorney.

Applies to

Summary judgment motion

A motion for summary judgment must be served at least 40 days before the hearing.

Service at least 40 days before the time fixed for the hearing

Service

Email to opposing party

All other parties or their attorneys must be copied on correspondence sent to the court.

All other parties to the case (or their attorneys, if they are represented) must be copied on all correspondence to the Court.

Applies to

Proposed order

Service

Mail

The submitting attorney must mail a copy of the proposed order to any pro se party and file a certificate of compliance.

The attorney submitting the proposed order shall ensure that any pro se party receives a copy of the order via U.S. Mail and shall file a certificate of compliance confirming compliance with this requirement.

Applies to

Summons

The plaintiff must serve a copy of the standing order with every summons issued in a circuit civil case.

The Plaintiff is directed to serve a copy of this Standing Order with each summons issued in circuit civil cases.

Applies to

Standing order

One copy of the standing order must be filed with the court clerk together with proof of service.

One copy of the Standing Order is to be filed with the Clerk of the Court with proof of service.

Service

Email to all parties

Every email directed to the judicial office must copy all parties unless ex parte communication is authorized by law.

All parties must be copied on every e-mail directed to the judicial office, unless ex-parte communication is authorized by law.

Service

Email

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused.

Applies to

Notice of hearing

Service of the Notice of Hearing must occur immediately after confirmation of the reserved hearing time.

Once an email is received from the Judicial Assistant stating that the hearing time is reserved, a Notice of Hearing must be filed and served immediately after confirming hearing time.

After court approval of a hearing cancellation, a notice of cancellation must be immediately filed and served on opposing counsel and any self-represented litigant.

If approved by the Court, you must immediately file and serve a notice of cancellation on opposing counsel and any self- represented litigant.

Service

Mail to opposing party

The party filing a motion must provide physical copies to any party that receives service by U.S. Mail.

If any party receives service by U.S. Mail, it is the responsibility of the party that filed the motion to provide physical copies to that party.

Applies to

Proposed order

Service

Court service to all parties

A party asking the Court to mail proposed orders must submit hard copies to the stated Chambers address with stamped, addressed envelopes for every party not receiving electronic service.

If the party wishes to have the Court mail the copies, then proposed orders should be submitted in hard copy to Chambers (Marion County Judicial Center, 110 NW 1st Avenue, Ocala, FL 34475), with stamped, addressed envelopes for all parties not receiving e-service.

Applies to

Proposed order

Orders may be sent either by U.S. Mail or email, but not by both methods.

Orders should NOT be sent via US Mail AND by e-mail. Please use one or the other, but not both.

Applies to

Notice of cancellation

A notice of cancellation must be immediately filed and served on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

Other parties must be notified when a previously filed hearing is cancelled.

2. If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.

Applies to

Notice of hearing

Service

Email

After filing a civil notice for trial with the clerk, a copy should be emailed to the judicial assistant.

Once a Notice for Trial is filed with the Clerk, a copy should be emailed to the Judicial Assistant, sturner@circuit5.org.

Deadline

15 business days

Applies to

Original note and mortgage

The original note and mortgage should be delivered directly to the Clerk of Court at least 15 business days before the hearing.

The original note and mortgage should be sent directly to the Clerk of Court at least 15 business days prior to the hearing.

Service

Electronic service

A true copy must be furnished by electronic service through the Florida Court’s e-filing portal.

I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the following by electronic service through the Florida Court’s e-filing portal on this _____ day of __________________ 20__.

A lawyer should provide opposing counsel a copy of a written court or tribunal communication contemporaneously or sufficiently before the related hearing.

6. 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.

Applies to

Complaint

Service under an extension is permitted or must occur within 240 days from filing of the complaint, as reflected in the case-completion schedule.

Service Under Extensions | 240 Days

Documents must not be served at court appearances without advance notice to opposing counsel or so close to the appearance that opposing counsel cannot adequately prepare or respond.

ii. Documents should not be served at court appearances without advance notice to opposing counsel and should not be served so close to a court appearance to inhibit the ability of opposing counsel to prepare for that appearance or to respond to the documents.

The timing and manner of service must not be used to disadvantage the receiving party.

1. The timing and manner of service should not be used to the disadvantage of the party receiving the documents.

Applies to

Deposition subpoena

A notice of deposition must accompany the deposition subpoena, with copies provided to all counsel.

c. Notices of deposition should accompany deposition subpoenas with copies to all counsel.

Service

Email

Evidence may be emailed to the Judicial Assistant; evidence exceeding 15 pages may instead be delivered by U.S. mail or hand delivery.

Evidence may be shared with the Court by email attachments to the Court's Judicial Assistant via email, (or via U.S. Mail/Hand Delivery, if more than fifteen (15) pages).

Applies to

Motion

A copy of a remote-appearance motion must also be provided to the opposing party.

You may file a Motion under Florida Rule General Practice and Judicial Administration 2.530, and provide a copy to the opposing party and the Judicial Assistant.

Service of the document is by e-service or U.S. mail.

I CERTIFY that a true copy hereof has been furnished by e-service or U.S. Mail to the following, on ______________, 202X.

Applies to

Hearing materials

Service

Email to court

Case law, memoranda, and non-evidentiary hearing materials may be submitted by email with the case number, hearing date, and related motion or matter.

Any party desiring to submit case law, a memorandum of law, or hearing materials other than physical evidence for an upcoming hearing may submit these materials electronically to: JudgePickensHearingMaterials@circuit5.org In your email, please include the case number, the date of the hearing, and the motion or matter for which you are submitting materials.

Service

Email

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

Service

Electronic service

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

Service

Electronic service

Attorneys and self-represented litigants must update their electronic-service email information using Form 2.603 whenever that email account changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

Service

Mail

Conformed copies were mailed in compliance with Florida Rule of Civil Procedure 1.080.

Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, conformed copies have been mailed

Evidence already in the court file need not be provided because the court will take judicial notice of it.

Pursuant to F.S. 90.202(6), the Court will take judicial notice of items already in the Court file (pleadings, Orders, financial affidavits, etc.), so those items need not be provided.

Service

Electronic service to all parties

Service may be made through the Florida Courts E-portal to all listed parties or by U.S. mail.

I CERTIFY that a true copy hereof has been filed with the Florida Courts E-portal, which will furnished a copy to all parties listed for service therein, or by U.S. Mail, on _______________________, 202X.

The certificate of service states that a true copy was furnished by hand delivery and/or U.S. Mail or Courthouse box delivery.

I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the following individuals by hand delivery and/or U.S. Mail/Courthouse box delivery this _____ day of _____________________, 2023:

Service

Mail

A true and correct copy of the order was served by U.S. mail.

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by U.S. Mail on this ___ day of ____________, 2014, to the following: