Adjournments
- An agreed motion to continue a pretrial conference and a proposed order must be submitted by 1:00 p.m. five days before the scheduled hearing; otherwise, the hearing remains on the docket, and the Court may still require a hearing on the motion.
Communication
Chambers
Document Format Requirements6 rules
All case law submitted to the court must be submitted via email in Word format with relevant text/rule of law/holdings highlighted.
- Case law
Formatting
- •Submit in Word format
The submitted case law must be in color and highlight relevant text, rules of law, or holdings.
- Case law
Formatting
- •Submit case law in color
Court's wording
A minimum of 10 days prior to the hearing, all parties shall submit their relied upon Case law with relevant text/rule of law/holdings highlighted and in color along with a hardcopy of the Motion, Response and Notice of Hearing.
Before any hearing, documents intended for admission must be pre-marked with exhibit labels substantially following the stated template, and the submitting party must complete every blank except the admitted and excluded fields.
Court's wording
Prior to any hearing all documents intended for admission into evidence shall have exhibit identification information pre-marked in a form suitable for receipt into evidence. The exhibit labels shall be in substantially the following format: Case No. __________________________________________ Party ______________________ Exhibit No. ____________ Admitted__________________ Excluded________________ Date:_____________________________ The party submitting the exhibit shall fill in all blanks on the label except “admitted” and “excluded.”
The Portable Document Format (“PDF”) file(s) of all transcripts must be text searchable.
- File type
- Transcript
All transcripts provided or filed with the Court must be in full-page format, unless condensed transcripts are authorized by the Court.
Order(s) that are not properly formatted will be automatically rejected by the Court.
Document Filing Requirements16 rules
All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Defense counsel may waive a regularly scheduled status conference in Polk Felony Divisions F1 by filing a document titled Waiver of Status Conference, reflecting that the Defendant is waiving the status conference and requesting the case be passed to the previously scheduled Pretrial Conference. The Waiver of Status Conference must be signed by counsel for the Defendant
An agreed upon Motion for Continuance of Pretrial Conference and a proposed Order must be submitted no later than 1:00 p.m. five (5) days prior to scheduled hearing.
- Document
- Motion for continuance of pretrial conference
Must include
- •Proposed order
If a need arises for a remote appearance of counsel or a witness, a written Motion and proposed Order to appear virtually must be submitted to the court no later than five (5) days prior to the scheduled hearing or the Motion will not be considered.
- Document
- Remote appearance motion
Must include
- •Proposed order
The Motion in Limine or Notice of Hearing on said Motion must contain certification that the parties have c o n f e r r e d ( a s s e t f o r t h a b o v e ) in an attempt to resolve each portion of the Motion prior to court’s intervention.
The Notice of Hearing on the Motion in Limine must identify the specific issues which remain in controversy after counsel have conferred.
A minimum of 10 days prior to the hearing, all parties shall submit their relied upon Case law with relevant text/rule of law/holdings highlighted and in color along with a hardcopy of the Motion, Response and Notice of Hearing.
The Motion in Limine must state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies. The judge may summarily rule on any Motion in Limine not written with particularity as described above.
A copy of all documents intended for admission into evidence must be provided
Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.
Court's wording
All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.
Pro se defendants seeking probation modification or termination must submit a written request to the Felony Clerk at the stated address.
Court's wording
Pro Se Defendants: Defendants who wish to seek modification and/or termination their probation must submit the request in writing to the Felony Clerk’s office at P. O. Box 9000, Drawer CC-9, Bartow, FL 33831-9000, for processing.
All motions must state opposing counsel’s objection or lack of objection.
A party disagreeing with a submitted proposed order must provide its own proposed-order version and a hearing transcript with relevant portions highlighted.
Court's wording
Should any party disagree with a proposed order that is submitted, the disagreeing party must provide their proposed order version and must provide the Court with a transcript of the hearing pursuant to the Fla. R. Civ. P. 1.080(d), with relevant portions highlighted for ease of reference by the Court.
The Probation Officer’s Recommendation Report must be submitted to Tyna.Mendoza@fdc.myflorida.com to obtain the probation officer’s recommendation. Do not submit the Probation Officer’s Recommendation form directly to the probation officer.
Counsel shall file the Motion for Modification and/or Termination with the Probation Officer’s Recommendation Report.
“Omnibus” and “boilerplate” Motions in Limine are discouraged.
Filing & Service rules
Electronic Filing Rules
Case law submitted to the court must be emailed in Word format with relevant text, rules of law, or holdings highlighted.
All case law submitted to the court must be submitted via email in Word format with relevant text/rule of law/holdings highlighted.
Criminal cases
Page 3 | CASE LAW SUBMITTAL
Proposed orders must be submitted electronically through the Florida Courts e-filing portal.
All proposed orders must be submitted through the Florida Courts e-filing portal.
Criminal cases
Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION
If a Plea or Motion hearing is currently set before the court and counsel wishes to continue a scheduled Pretrial Conference to the date of the Plea or Motion hearing, and the Defendant has waived speedy trial, a Motion to Continue Pretrial Conference to the motion hearing date may be e-filed and a copy provided to the judicial assistant for court review.
If a Plea or Motion hearing is currently set before the court and counsel wishes to continue a scheduled Pretrial Conference to the date of the Plea or Motion hearing, and the Defendant has waived speedy trial, a Motion to Continue Pretrial Conference to the motion hearing date may be e-filed and a copy provided to the judicial assistant for court review.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
Color hard copies of case law may also be mailed before the hearing in addition to the emailed case law.
You may also mail color copies prior to the hearing, with a hardcopy package in addition to the emailed case law.
Criminal cases
Page 3 | CASE LAW SUBMITTAL
Filing Timing and Cure Windows
After the Judicial Assistant confirms the hearing, the scheduling party must file the Notice of Hearing.
Upon confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.
Criminal cases
Page 1 | SCHEDULING PROCEDURES
A party canceling a hearing must immediately file and serve a notice of cancellation 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.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
The Waiver of Status Conference must be filed no later than close of business two business days before the scheduled status conference.
The Waiver of Status Conference must be filed and served no later than close of business two business days prior to the scheduled status conference. (e.g., 5:00 p.m. on Wednesday for a Friday morning status conference).
Criminal cases
Page 2 | SCHEDULING PROCEDURES
All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed three (3) business days before the hearing date.
All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed three (3) business days before the hearing date.
Criminal cases
Page 2 | COURT APPEARANCES
A remote-appearance motion must be submitted no later than five days before the scheduled hearing or it will not be considered.
If a need arises for a remote appearance of counsel or a witness, a written Motion and proposed Order to appear virtually must be submitted to the court no later than five (5) days prior to the scheduled hearing or the Motion will not be considered.
Criminal cases
Page 3 | COURT APPEARANCES
A motion in limine must be timely filed and scheduled for hearing before the pretrial conference or it will be considered abandoned.
Any Motion in Limine not timely filed and scheduled for hearing before pretrial conference will be considered abandoned.
Criminal cases
Page 4 | MOTIONS IN LIMINE
The required case law and hard-copy motion papers must be submitted at least 10 days before the hearing.
A minimum of 10 days prior to the hearing, all parties shall submit their relied upon Case law with relevant text/rule of law/holdings highlighted and in color along with a hardcopy of the Motion, Response and Notice of Hearing.
Criminal cases
Page 4 | MOTIONS IN LIMINE
An attorney directed to submit a proposed order must do so within seven days unless the Court sets a different period.
Any attorney directed to provide the Court with a proposed order must do so within seven (7) days unless the Court orders a different submittal time period.
Criminal cases
Page 5 | POST HEARING ORDERS
If the directed attorney misses the ordered period, opposing counsel may submit a proposed order in a timely fashion.
Should the directed attorney fail to provide the proposed order in the time period ordered, then opposing counsel may submit a proposed order in a timely fashion.
Criminal cases
Page 5 | POST HEARING ORDERS
You may also mail color copies prior to the hearing, with a hardcopy package in addition to the emailed case law.
You may also mail color copies prior to the hearing, with a hardcopy package in addition to the emailed case law.
Criminal cases
Page 3 | CASE LAW SUBMITTAL
Processing a probation modification or termination request can take up to 30 business days.
Be advised, processing the request can take up to thirty (30) business days.
Criminal cases
Page 6 | EARLY TERMINATION OF PROBATION
Service and Proof of Service Rules
The scheduling party must immediately serve the Notice of Hearing after confirmation from the Judicial Assistant.
Upon confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.
Criminal cases
Page 1 | SCHEDULING PROCEDURES
The Judicial Assistant must be served by separate email and must not be added to the e-service list.
The Judicial Assistant must not be added to the e-service list but served by separate e-mail.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
The waiver must be served on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
The Waiver of Status Conference must be signed by counsel for the Defendant and served on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
A party canceling a hearing must immediately serve the notice of cancellation 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.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
The Waiver of Status Conference must be served no later than close of business two business days before the scheduled status conference.
The Waiver of Status Conference must be filed and served no later than close of business two business days prior to the scheduled status conference. (e.g., 5:00 p.m. on Wednesday for a Friday morning status conference).
Criminal cases
Page 2 | SCHEDULING PROCEDURES
Copies of submitted orders must be provided to opposing counsel, including a pro se litigant, when the order is submitted to the Court.
Copies of submitted orders shall always be provided to opposing counsel (pro se litigant) upon submittal to the Court.
Criminal cases
Page 5 | POST HEARING ORDERS
Pre-Motion Conference Requirements
Before scheduling a hearing on a motion in limine, counsel must confer substantively, in person or virtually and in good faith, to try to resolve some or all of it; exchanging ultimatums by fax, email, or letter does not qualify.
Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.
Criminal cases
Page 3 | MOTIONS IN LIMINE
A motion in limine may not be heard during trial without the judge’s advance authorization.
No Motion in Limine will be heard during trial unless the judge authorizes it in advance.
Criminal cases
Page 4 | MOTIONS IN LIMINE
Adjournment & Extension Requirements
If a plea or motion hearing is set and the defendant has waived speedy trial, counsel may seek to continue the pretrial conference to that hearing date; once continued, the hearing cannot be canceled without a court order.
If a Plea or Motion hearing is currently set before the court and counsel wishes to continue a scheduled Pretrial Conference to the date of the Plea or Motion hearing, and the Defendant has waived speedy trial, a Motion to Continue Pretrial Conference to the motion hearing date may be e-filed and a copy provided to the judicial assistant for court review. Once a Pretrial Conference is continued to the date of the Plea or Motion hearing, the hearing cannot be cancelled without a court order.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
An agreed motion to continue a pretrial conference and a proposed order must be submitted by 1:00 p.m. five days before the scheduled hearing; otherwise, the hearing remains on the docket, and the Court may still require a hearing on the motion.
An agreed upon Motion for Continuance of Pretrial Conference and a proposed Order must be submitted no later than 1:00 p.m. five (5) days prior to scheduled hearing. Otherwise, the hearing will remain on the docket and will be addressed in Court at the scheduled time. The Court may still require a hearing on an agreed upon Motion for Continuance.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
Chambers Communication Rules
To schedule a motion hearing, email the Judicial Assistant with the required case and hearing details, coordinate an agreed date and time with all other parties, and confirm and reserve the date before submitting the Notice of Hearing.
Scheduling Hearings: E-mail the Judicial Assistant at jcochran@Jud10.FLCourts.org to obtain hearing times for your Motion. Such requests must include the case number, Defendant’s name, matter(s) to be heard, and time required. The party scheduling the hearing is responsible for contacting all other parties and coordinating an agreed upon date and time. The hearing times provided are not held while the attempt is being made to coordinate with opposing counsel/party. You must e-mail the judicial office to confirm and reserve your court date prior to submitting your Notice of Hearing.
Criminal cases
Page 1 | SCHEDULING PROCEDURES
A party canceling a hearing must notify the Judicial Assistant immediately.
You must cancel hearings by notifying the Judicial Assistant immediately.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
A copy of the motion to continue must be provided to the Judicial Assistant for court review when counsel seeks the specified continuance.
If a Plea or Motion hearing is currently set before the court and counsel wishes to continue a scheduled Pretrial Conference to the date of the Plea or Motion hearing, and the Defendant has waived speedy trial, a Motion to Continue Pretrial Conference to the motion hearing date may be e-filed and a copy provided to the judicial assistant for court review.
Criminal cases
Page 2 | SCHEDULING PROCEDURES
Counsel may email the judge’s office to obtain a copy of the Probation Officer form.
You may contact the judge’s office via email to obtain a copy of the Probation Officer form.
Criminal cases
Page 6 | EARLY TERMINATION OF PROBATION