Court Rules

Limits & Logistics

Courtesy Copies

New Trial Motions, Rehearing Motions, Reconsideration Motions, Clarification Motions

  • 1 copy

Pretrial Stipulation

  • 1 copy • Five Days Before Pre Trial Conference

Communication

Email

Chambers

kmorales@jud10.flcourts.org
SchedulingEmergencies
Phone
(863) 534-4686
Phone

Chambers

Emergencies
Filters:

Document Format Requirements6 rules

FormattingMandatory

The notice shall be in either Arial or Bookman Old Style 14-point BOLD font.

Font size
14 points
Applies to
  • Notice of hearing
  • Order setting hearing

Formatting

  • Use either Arial or Bookman Old Style; the notice must be bold
JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 2
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
FormattingMandatory

The formatting and technical requirements set forth in AO 1-61.1 must be utilized.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 3
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
FormattingImportant

The proposed orders that are mailed to the Court should be bound together by either a paperclip or binder clip.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 3
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
FormattingImportant

Do not staple the cover letter to the original proposed order.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 3
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
FormattingImportant

Do not put the Judge’s signature block on a page by itself.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
FormattingImportant

Exhibit labels must be pre-marked in substantially the stated format, and the submitting party must complete every blank except the admitted and excluded fields.

Court's wording

have exhibit identification information pre-marked in a form suitable for receipt into evidence. The exhibit labels may be affixed to the exhibits by sticker or inked stamp, and 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”.

Document Filing Requirements32 rules

Filing RequirementsMandatory

Include in the Notice of Hearing the location of the hearing.

Document
Notice of hearing

Include

  • The location of the hearing
JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 2
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Filing RequirementsMandatory

If a good-faith effort to clear a hearing date fails, the Notice must state that the date was not cleared and give the factual reason.

Court's wording

If counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be required on the Notice: “The requested hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 2
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Filing RequirementsMandatory

All hearing notices and orders setting hearings must include the specified ADA notice.

Court's wording

The following ADA Notice must be included in all notices of hearing or orders setting hearing. The notice shall be in either Arial or Bookman Old Style 14-point BOLD font. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 2
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Filing RequirementsMandatory

For a virtual hearing, the Notice of Hearing must include the specified remote-hearing notice, access information, and instructions for finding the link.

Court's wording

If the hearing will be held virtually (pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.530) include the following virtual information must be included in the Notice of Hearing: PLEASE TAKE NOTICE that the Hearing will take place remotely via Microsoft Teams Videoconferencing. Click the following link to join the hearing: Click here to enter Polk Civil Division 11 Virtual +1 863-225-4022 528 186 613# Courtroom This link is also accessible from Court Administration’s web site through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/. On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Circuit Civil”, then click “Click here to enter Polk Civil Division 11 Virtual Courtroom”.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 2
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Filing RequirementsMandatory

If the case settles or you agree on the matters set for hearing, you must still contact the judicial assistance to advise the hearing is no longer need providing written notice.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 3
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Filing RequirementsMandatory

The party canceling a hearing must file a written notice of cancellation.

Court's wording

Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written notice of cancellation of the hearing and to notify all participants of the cancellation, including court reporters and witnesses.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 3
|SectionI. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Filing RequirementsMandatory

Proposed Orders to Show Cause must include a final hearing date that is confirmed by email before submitting the proposed order for the Judge’s consideration.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

List copy recipients at the bottom of the order and provide stamped, addressed envelopes for recipients without designated email addresses.

Court's wording

Always list at the bottom of the order the persons who are entitled to receive a copy. If the person(s) listed has/have not designated an email address, submit stamped, addressed envelope(s) for mailing to the persons(s) who will not receive a copy by email.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

When sending proposed orders, please be sure to send a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel/unrepresented parties.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

When filing documents containing Social Security numbers, bank account numbers, or other non-public information in the specified cases, all parties must file a Notice of Confidential Information identifying each location and page and the information type or applicable provision.

Court's wording

All parties submitting an order, including attorneys and self-represented litigants, will be required to file a Notice of Confidential Information in circuit civil, county civil and small claims court cases when filing documents with Social Security numbers, bank account numbers, or other non-public information; identify the precise location(s) of confidential information within the document, including each page number on which it appears; and identify the type of confidential information or provision that applies to the identified information.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

Include all necessary information in your proposed order, as the Court will not fill in the blanks (hearing dates/attorney/etc.).

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

Include in the opening paragraph of the Order the hearing or trial date and the names of counsel and parties who were present at the hearing. If a party did not appear after having received proper notice of the hearing, the Order should so indicate.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

All unopposed proposed orders submitted without a prior hearing must also be submitted with a copy of the motion and cover letter.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

A notarized Affidavit of Compliance must be filed, and a copy must be included in the foreclosure packet.

Court's wording

Our circuit requires the filing of a notarized Affidavit of Compliance in accordance with Administrative Order No. 3-29.2. A copy of the notarized Affidavit of Compliance must be included in the packet.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 5
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

COUNSEL MUST INCLUDE IN THE FORECLOSURE PACKET SUFFICIENT COPIES AND PRE-STAMPED, CORRECTLY ADDRESSED ENVELOPES FOR ALL PERSONS ENTITLED TO RECEIVE A COPY OF THE JUDGMENT.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 5
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

ON ORDERS TO SHOW CAUSE YOU MUST HAVE THE HEARING DATE FILLED IN WHEN SUBMITTING THE PAPERWORK OR THE PACKET WILL BE RETURNED TO YOU.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 5
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

Orders to Show Cause regarding entry of Foreclosure Judgments MUST include a final hearing date that is obtained by email before submitting the packet for the Judge’s consideration.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 5
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

All original documents must be filed with the Clerk of Courts. Do not send original documents with the packet.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 5
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

Note that objections must be accompanied by a proposed order believed to more accurately reflect the judge’s ruling.

Document
Objection

Must include

  • Proposed order
JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 5
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

Any emergency motion submitted for ex parte consideration, should clearly so state.

Filing RequirementsMandatory

Non-Emergency Motions to Cancel Sales should be submitted by U.S. Mail, overnight mail or hand delivered, with copies and stamped address envelopes for clerk’s distribution to parties.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 6
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

A copy of the signed stipulation should be submitted along with the packet and filings would still need to be in compliance with local Administrative Order 3-29.2(which includes filing and providing a hard copy of a notarized Affidavit of Compliance).

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 6
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

A motion to reset a sale, or a sale reset in a motion or order cancelling a sale, must include the specified rescheduling language.

Court's wording

Motions to reset sales, or the resetting of a sale included in a Motion/Order Cancelling a Sale, SHALL include the following language: The public sale is hereby rescheduled to take place online at www.polk.realforeclose.com at 10:00 a.m. on __________________________, 2026 after the requirements of Florida Statutes Section 45.031 have been complied with, no sooner than ______ days from the date hereof.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 6
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

Plaintiff’s motion shall include a proposed Order Cancelling the Sale.

Document
Plaintiff motion to cancel sale

Must include

  • Proposed order
JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 6
|Section3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

Defendant shall provide only special instructions not included in Plaintiff’s submission.

Filing RequirementsMandatory

You must file the original with the Clerk and send a courtesy copy to the Judge for the Judge’s review.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 7
|SectionV. MOTION(S) FOR NEW TRIAL, REHEARING, RECONSIDERATION OR CLARIFICATION
Filing RequirementsMandatory

Plaintiff shall provide a complete set of proposed jury instructions and a proposed verdict form.

Filing RequirementsImportant

Always verify that your case number is correct and confirm the materials are being assigned to the correct Civil Division Judge prior to submitting the proposed order whether it is by e-portal or by U.S. mail.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 3
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsImportant

The title of the Order should include the term “Agreed”.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsImportant

The order should have a full title containing the subject matter of the motion or pleading ruled upon (e.g., Order Granting Plaintiff’s Motion to Compel, not just “Order”).

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsImportant

Do not include a Certificate of Service on a proposed order to be completed by the judicial assistant.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsImportant

Proposed Agreed Orders being submitted without a prior hearing should be submitted with a cover letter and motion that clearly indicates that the order is agreed to as to substance and form.

JudgeCombee ProceduresAndGeneralInformation · Jul 2021 · p. 4
|SectionII. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Filing & Service rules

Electronic Filing Rules

Except for orders identified above, proposed orders must be submitted through the e-portal as required by AO 1-61.1.

Except as provided above, orders shall be submitted through the e-portal as required in Administrative Order No. 1-61.1 (hereinafter “AO 1-61.1”).

Page 3 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Specified writs, foreclosure-related orders, orders to show cause, sealing orders, structured-settlement orders, and foreclosure judgments must be submitted by mail or hand delivery with copies and stamped addressed envelopes.

The following types of orders require submission of proposed orders by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in these matters: Writs (including Garnishments, Possession, Replevin, Bodily Attachment), Non-Foreclosure Orders to Show Cause, Orders to Reset Foreclosure Sales, Orders to Cancel and Reset Foreclosure Sales, Orders that Seal Documents, Sales of Structured Settlements, and Foreclosure Judgments (additional instructions regarding Foreclosure Judgments are set forth below).

Page 3 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

A pertinent motion submitted with a proposed order must be e-filed before the proposed order is submitted.

Pertinent motions submitted with a proposed order must have been e-filed prior to submission with the proposed order.

Page 4 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Foreclosure cases should not be submitted through the e-portal.

FORECLOSURE CASES SHOULD NOT BE SUBMITTED VIA THE E-PORTAL DUE TO NECESSARY POST-JUDGMENT CLERICAL REQUIREMENTS AND PROCEDURES.

Page 5 | 3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

Filing Timing and Cure Windows

An e-portal proposed order that does not comply with AO 1-61.1 will be rejected and must be resubmitted.

Proposed orders submitted through the e-portal that fail to comply with the requirements of AO 1-61.1 will be rejected and must be resubmitted.

Page 3 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

A proposed order to show cause submitted with a blank final hearing date will be returned.

If the proposed order is submitted with a blank for the final hearing date, it will be returned.

Page 4 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

The objection and alternate proposed order, with a copy to all other parties, must be submitted within five working days after the objectionable order was originally submitted.

The objection and alternately proposed order must be submitted (with a copy to all other parties) within 5 working days of the date the objectionable order was originally submitted.

Page 5 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Foreclosure packets must be forwarded to the court’s office at least five days before the hearing.

Foreclosure packets for this docket shall be forwarded to our office a minimum of five (5) days prior to the hearing date.

Page 5 | 3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

The Court will generally hold proposed orders for five working days to allow time for objections.

Orders will generally be held for five (5) working days in order to give sufficient time for objections.

Page 4 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Proposed jury instructions and the proposed verdict form should be submitted to the Court before trial.

The proposed instructions and proposed verdict form should be submitted to the Court in advance of the trial.

Page 7 | 3. JURY INSTRUCTIONS

Service and Proof of Service Rules

Provide the motion together with the Notice of Hearing at least five days before the hearing.

Provide a copy of the Motion that is to be heard, along with the Notice of Hearing at least 5 days in advance of the hearing.

Page 2 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Only the party who set the hearing may cancel it; that party must file written notice and notify all participants, including court reporters and witnesses.

Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written notice of cancellation of the hearing and to notify all participants of the cancellation, including court reporters and witnesses.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

When sending proposed orders, please be sure to send a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel/unrepresented parties.

When sending proposed orders, please be sure to send a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel/unrepresented parties.

Page 4 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

A copy of the objection and alternate proposed order must be provided to all other parties.

The objection and alternately proposed order must be submitted (with a copy to all other parties) within 5 working days of the date the objectionable order was originally submitted.

Page 5 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Unless the Emergency Motion is being submitted ex parte, the email should include opposing counsel/unrepresented party, who may send in a timely response per the procedure of this Judge’s office.

Unless the Emergency Motion is being submitted ex parte, the email should include opposing counsel/unrepresented party, who may send in a timely response per the procedure of this Judge’s office.

Page 6 | III. EMERGENCY MOTIONS

A motion for new trial or rehearing in a non-jury action should be served within 15 days after the judgment is filed.

Florida Rule of Civil Procedure 1.530 provides that a Motion for New Trial or Motion for Rehearing should be served within 15 days from the filing of a judgment in a non-jury action.

Page 7 | V. MOTION(S) FOR NEW TRIAL, REHEARING, RECONSIDERATION OR CLARIFICATION

Courtesy Copy Requirements

Mail a hard copy of the Pretrial Stipulation to the Judge’s office five days before the Pre-Trial Conference.

Mail a hard copy of the Pretrial Stipulation to the Judge’s office five days prior to the Pre-Trial Conference.

Page 6 | IV. SCHEDULING TRIALS, MARKING TRIAL EXHIBITS AND JURY INSTRUCTIONS

A courtesy copy of the motion must be sent to the Judge for review, including for motions for reconsideration or clarification.

You must file the original with the Clerk and send a courtesy copy to the Judge for the Judge’s review. The Judge will determine whether to set a hearing on the motion, or rule on the motion without a hearing. The same applies to motions for Reconsideration or Clarification.

Page 7 | V. MOTION(S) FOR NEW TRIAL, REHEARING, RECONSIDERATION OR CLARIFICATION

Sealing & Redaction Procedures

Parties submitting orders are responsible for ensuring confidential information in the filings is appropriately redacted or identified for redaction.

Effective July 1, 2021, parties submitting orders are solely responsible for ensuring any confidential information contained in the filings is appropriately redacted or identified for redaction.

Page 4 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Pre-Motion Conference Requirements

All motions, including motions in limine, must be heard before the PreTrial Conference.

All Motions including Motions in Limine must be hearing prior to PreTrial Conference.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Chambers Communication Rules

Wait for the judicial assistant’s email confirmation before sending a Notice of Hearing; the date and time are not reserved until confirmation is received.

Do not send a Notice of Hearing until you receive e-mail confirmation from the judicial assistant advising that the date and time have been confirmed. The date is not reserved until the email from the judicial assistant is received advising the hearing is confirmed.

Page 2 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Email a copy of the Notice of Cancellation to the judge’s office.

Email a copy of the Notice of Cancellation to the judge’s office.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Only the Court may cancel or modify an Order Setting Hearing.

Remember, only the Court may cancel or modify an Order Setting Hearing.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Even if the case settles or the hearing matters are agreed, contact judicial assistance and provide written notice that the hearing is no longer needed.

If the case settles or you agree on the matters set for hearing, you must still contact the judicial assistance to advise the hearing is no longer need providing written notice.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

If you object to an order, contact the Judge’s office immediately via email to Kmorales@jud10.flcourts.org.

If you object to an order, contact the Judge’s office immediately via email to Kmorales@jud10.flcourts.org.

Page 5 | II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Emergency motions to cancel a sale should be submitted by email to the stated address so they can be hand-delivered to the Clerk for processing before the sale if granted.

EMERGENCY MOTIONS TO CANCEL SALES, should be submitted via-email to: Kmorales@jud10.flcourts.org, so that, if granted, they may be hand-delivered to the Clerk for processing PRIOR to the sale occurring.

Page 5 | 3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

Always call to confirm that the Court received an emergency motion.

Always call to confirm that the emergency motion was received.

Page 6 | III. EMERGENCY MOTIONS

Bring emergency requests to the Judge’s attention by email or hand delivery; e-filing alone will not alert the Court.

Requests for emergency relief must be brought to the judge’s attention through email using! or hand delivery. E-filing alone will not alert the Court that an emergency request has been filed.

Page 6 | III. EMERGENCY MOTIONS

After filing the motion and reopening a closed case, email the judicial assistant to obtain hearing times.

Please email the judicial assistant to obtain hearing times for a motion after the motion has been filed with the Clerk’s office and, if the case has been closed, after the case has been reopened.

Page 1 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Once hearing details are agreed, email the judicial assistant the case, motion, hearing, attendance-format, and calendar-clearance information.

Once the parties agree on the date, time and length of time for each party to have a fair opportunity to be heard send an email to Kmorales@jud10.flcourts.org (Keila Morales-González) providing the following information: a. The case number, style of the case, and the names of the attorneys involved; b. The motion being set for hearing; c. The agreed date and time for the hearing; d. The agreed upon length of time being reserved for the hearing for all parties to be heard; e. Whether the hearing is being set for an in-person or virtual hearing; and f. The name of the individual(s) with whom the time was cleared.

Page 1 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

A person needing disability accommodations should contact the Office of the Court Administrator at least seven days before the court appearance or immediately upon receiving the notice.

Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification

Page 2 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Notify the judge’s office as soon as possible if the length of a hearing is shortened so that the portion of the hearing time not needed may be offered to other litigants.

Notify the judge’s office as soon as possible if the length of a hearing is shortened so that the portion of the hearing time not needed may be offered to other litigants.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Sending a cancellation notice alone does not remove the hearing from the Court calendar.

Sending a notice of cancellation does not remove the hearing from the Court calendar.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

Email as soon as you learn a hearing is no longer needed, and be prepared to explain the reason for cancellation.

Please email as soon as you learn that a hearing is no longer needed being prepared to state the reason for the cancellation.

Page 3 | I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

The filer should contact the Judicial Assistant to obtain hearing times for the Order to Show Cause packet.

Thus, contact the Judicial Assistant for hearing times to include in OTSC packet.

Page 5 | 3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

The final hearing date for an Order to Show Cause concerning entry of a foreclosure judgment must be obtained by email before the packet is submitted.

Orders to Show Cause regarding entry of Foreclosure Judgments MUST include a final hearing date that is obtained by email before submitting the packet for the Judge’s consideration.

Page 5 | 3. RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

Common questions about Judge Catherine L. Combee's rules

Are courtesy copies required for Judge Catherine L. Combee?

Courtesy-copy rule applies for pretrial stipulations. Details: 1 copy, delivery five days before pre trial conference. Mail a hard copy of the Pretrial Stipulation to the Judge’s office five days before the Pre-Trial Conference.

View ruleSource: page 6, section IV. SCHEDULING TRIALS, MARKING TRIAL EXHIBITS AND JURY INSTRUCTIONS

Does Judge Catherine L. Combee require a pre-motion conference or letter before filing a motion?

All motions, including motions in limine, must be heard before the PreTrial Conference.

View ruleSource: page 3, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

What formatting rules apply to filings before Judge Catherine L. Combee?

Judge Catherine L. Combee's formatting rule includes 14 point type and use either arial or bookman old style; the notice must be bold.. The ADA notice must use Arial or Bookman Old Style, 14-point bold font.

View ruleSource: page 2, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

What must be included with notice of hearing filings before Judge Catherine L. Combee?

If a good-faith effort to clear a hearing date fails, the Notice must state that the date was not cleared and give the factual reason.

View ruleSource: page 2, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

What must be included with notice of hearing or order setting hearing filings before Judge Catherine L. Combee?

All hearing notices and orders setting hearings must include the specified ADA notice.

View ruleSource: page 2, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

How may parties contact Judge Catherine L. Combee's chambers?

Wait for the judicial assistant’s email confirmation before sending a Notice of Hearing; the date and time are not reserved until confirmation is received.

View ruleSource: page 2, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS

How does Judge Catherine L. Combee handle sealed or redacted filings?

Parties submitting orders are responsible for ensuring confidential information in the filings is appropriately redacted or identified for redaction.

View ruleSource: page 4, section II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Is electronic filing required before Judge Catherine L. Combee?

Yes. Electronic filing is required for the covered filings. Specified writs, foreclosure-related orders, orders to show cause, sealing orders, structured-settlement orders, and foreclosure judgments must be submitted by mail or hand delivery with copies and stamped addressed envelopes.

View ruleSource: page 3, section II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

What filing deadlines does Judge Catherine L. Combee set?

The objection and alternate proposed order, with a copy to all other parties, must be submitted within five working days after the objectionable order was originally submitted.

View ruleSource: page 5, section II. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

What rule applies to service for motion and notice of hearing before Judge Catherine L. Combee?

Details: timing: before hearing. Provide the motion together with the Notice of Hearing at least five days before the hearing.

View ruleSource: page 2, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS
Complete rules summary for Judge Catherine L. Combee

After filing the motion and reopening a closed case, email the judicial assistant to obtain hearing times.

Once hearing details are agreed, email the judicial assistant the case, motion, hearing, attendance-format, and calendar-clearance information.

If a good-faith effort to clear a hearing date fails, the Notice must state that the date was not cleared and give the factual reason.

Wait for the judicial assistant’s email confirmation before sending a Notice of Hearing; the date and time are not reserved until confirmation is received.

Provide the motion together with the Notice of Hearing at least five days before the hearing.

The Notice of Hearing must state the hearing location.

For a virtual hearing, the Notice of Hearing must include the specified remote-hearing notice, access information, and instructions for finding the link.

All hearing notices and orders setting hearings must include the specified ADA notice.

The ADA notice must use Arial or Bookman Old Style, 14-point bold font.

A person needing disability accommodations should contact the Office of the Court Administrator at least seven days before the court appearance or immediately upon receiving the notice.

Email as soon as you learn a hearing is no longer needed, and be prepared to explain the reason for cancellation.

Even if the case settles or the hearing matters are agreed, contact judicial assistance and provide written notice that the hearing is no longer needed.

Provide written notice that the hearing is no longer needed even if the case settles or the hearing matters are agreed.

Sending a cancellation notice alone does not remove the hearing from the Court calendar.

Only the party who set the hearing may cancel it; that party must file written notice and notify all participants, including court reporters and witnesses.

The party canceling a hearing must file a written notice of cancellation.

Notify the judge’s office as soon as possible if the length of a hearing is shortened so that the portion of the hearing time not needed may be offered to other litigants.

Email a copy of the Notice of Cancellation to the judge’s office.

Only the Court may cancel or modify an Order Setting Hearing.

All motions, including motions in limine, must be heard before the PreTrial Conference.

Before submitting a proposed order by e-portal or U.S. mail, verify the case number and confirm assignment to the correct Civil Division Judge.

Specified writs, foreclosure-related orders, orders to show cause, sealing orders, structured-settlement orders, and foreclosure judgments must be submitted by mail or hand delivery with copies and stamped addressed envelopes.

Proposed orders mailed to the Court should be held together with a paperclip or binder clip.

Do not staple the cover letter to the original proposed order.

Except for orders identified above, proposed orders must be submitted through the e-portal as required by AO 1-61.1.

Proposed orders submitted through the e-portal must comply with the formatting and technical requirements in AO 1-61.1.

An e-portal proposed order that does not comply with AO 1-61.1 will be rejected and must be resubmitted.

A pertinent motion submitted with a proposed order must be e-filed before the proposed order is submitted.

The order should have a full title containing the subject matter of the motion or pleading ruled upon (e.g., Order Granting Plaintiff’s Motion to Compel, not just “Order”).

Include in the opening paragraph of the Order the hearing or trial date and the names of counsel and parties who were present at the hearing. If a party did not appear after having received proper notice of the hearing, the Order should so indicate.

More Judges in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties

Angela J. Cowden
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Brandon J. Rafool
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Brenda P. Ramirez
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Dana Y. Moore
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David V. Ward
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Gerald P. Hill II
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J. Kevin Abdoney
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Jalal A. Harb
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