Court Rules

Limits & Logistics

Courtesy Copies

Motion

  • With Bundled Motion

Motion for New Trial, Motion for Rehearing

  • 1 copy • Email

Motion for Trial Motions

  • 1 copy • Email

Adjournments

  • The parties must adhere to the schedule unless they agree to a change and the Court approves it; approval requires good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability do not constitute good cause.
  • All motions for continuance, including agreed motions, must comply with Florida Rule of Civil Procedure 1.460.
  • Whether a joint motion to continue trial requires a hearing depends on the age of the case, the newly coordinated trial date, and other factors.
  • +2 more

Request must include

Proposed Rescheduled Date

Communication

Email

Chambers

kstarling@jud10.flcourts.org
SchedulingEmergencies
Phone
Scheduling
Filters:

Document Format Requirements6 rules

FormattingMandatoryCivil cases

Case Track Assignment (track must be selected with a “check mark” or “X”)

JudgeSwenson CMPTemplate
|SectionCase Track Assignment
FormattingMandatoryCivil cases

The following ADA Notice must be included in all notices of hearing or orders setting hearing in bold type and in either Arial or Bookman Old Style 14-point font:

Font size
14 points
FormattingMandatoryCivil cases

All proposed orders must comply with the formatting and technical requirements listed therein; proposed orders that fail to comply with the requirements of the Administrative Order will be rejected and must be resubmitted.

FormattingMandatoryCivil cases

A. If any exhibits are to be introduced during a hearing or trial, they must be pre-marked with exhibit information and in a form suitable for receipt into evidence.

FormattingMandatoryCivil cases

Exhibit labels may be attached by sticker or inked stamp and must substantially follow the prescribed case, party, exhibit number, admission or exclusion, and date format.

Court's wording

B. 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 ____________________________

FormattingImportantCivil cases

Said instructions should be in Word format.

Document Filing Requirements32 rules

Filing RequirementsMandatoryCivil cases

If a good-faith attempt to clear a hearing is unsuccessful, use the specified statement with a factual explanation.

Court's wording

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

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 1
|SectionScheduling Hearings on Regular Motions Docket
Filing RequirementsMandatoryCivil cases

A Notice of Hearing may be prepared after the Court confirms the hearing date and time.

Court's wording

The parties, or counsel for the parties, will receive e-mail confirmation from the Court advising that the motion has been scheduled or that the time is no longer available. If the date and time is confirmed, the Notice of Hearing may be prepared.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 1
|SectionScheduling Hearings on Regular Motions Docket
Filing RequirementsMandatoryCivil cases

For a virtual hearing, the Notice of Hearing must include the specified Microsoft Teams notice, courtroom link, and access instructions.

Court's wording

If the hearing will be held virtually, the following virtual information must be included on 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 15 Virtual 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 15 Virtual Courtroom”.

Filing RequirementsMandatoryCivil cases

The Notice of Hearing must state the hearing location; for an in-person hearing, include the courthouse address and hearing room.

Court's wording

The location of the hearing must be included in the Notice of Hearing. In person hearings are held at the Polk County Courthouse, 255 N. Broadway Avenue, Bartow, FL 33830, in Hearing Room 6C-1 (Sixth Floor, Blue Elevators).

Filing RequirementsMandatoryCivil cases

All notices of hearing and orders setting a hearing 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 in bold type and in either Arial or Bookman Old Style 14-point 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 ADA Coordinator, 255 N. Broadway Ave., Bartow, FL 33830, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately on receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

All proposed orders being submitted without a hearing must be submitted with a copy of the motion.

Filing RequirementsMandatoryCivil cases

When sending in 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.

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

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

Filing RequirementsMandatoryCivil cases

File a notarized Affidavit of Compliance and include a copy 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.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 5
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

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

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 5
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

When filing documents containing specified confidential information in the identified case types, identify where it appears and what type of information or provision applies.

Court's wording

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.

Filing RequirementsMandatoryCivil cases

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.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 5
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

An Order to Show Cause must state a final hearing date confirmed by email before packet submission; a blank date will result in return of the packet.

Court's wording

Orders to Show Cause regarding entry of Foreclosure Judgments must include a final hearing date that is confirmed by email before submitting the packet for the Judge’s consideration. If this is sent in with a blank for the final hearing date, it will be returned.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 5
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

Motions to reset sales and sale-reset provisions in cancellation motions or orders 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 ______________________, 20__ after the requirements of Florida Statutes Section 45.031 have been complied with, no sooner than _______ days from the date hereof.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 6
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

Unless the motion is being submitted ex parte, the email shall include a cover letter that indicates that this submission has been copied to the opposing party/counsel.

Filing RequirementsMandatoryCivil cases

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

Document
Motion

Must include

  • Proposed order
JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 6
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

A copy of the signed stipulation would need to be submitted along with the packet and filings would still need to be in compliance with local Administrative Order No. 3-29.2 (which includes filing and providing a hard copy of a notarized Affidavit of Compliance).

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 6
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatoryCivil cases

B. The Motion in Limine or Notice of Hearing on said Motion must contain a certification that the parties have conferred (as set forth above) in an attempt to resolve each portion of the Motion prior to court’s intervention.

Document
Motion in limine or notice of hearing

Must include

  • Certificate of conference
Filing RequirementsMandatoryCivil cases

C. The Notice of Hearing on the Motion in Limine must identify the specific issues which remain in controversy after counsel have conferred.

Filing RequirementsMandatoryCivil cases

The party submitting the exhibit shall fill in all blanks on the label except “admitted” and “excluded.”

Filing RequirementsMandatoryCivil cases

C. The proposed Order Granting Continuance (or a separate order submitted simultaneously with the proposed Order Granting Continuance) shall include the agreed upon new date/time/location for both the Pre-Trial Conference and Trial

Filing RequirementsMandatoryCivil cases

E. 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.

Filing RequirementsMandatoryCivil cases

A. In accordance with the uniform Order Setting Pretrial Conference and Jury Trial and Directing Mediation, Plaintiff shall provide a complete set of proposed jury instructions. Defendant shall provide only special instructions not included in Plaintiff’s submission.

Filing RequirementsMandatoryCivil cases

Additionally, the proposed order must reflect what further activity will or will not be permitted.

Filing RequirementsImportantCivil cases

The motion itself should reflect that the matter is, in fact, uncontested.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 2
|SectionScheduling Hearings on Regular Motions Docket
Filing RequirementsImportantCivil cases

All information readily available (i.e. attorney’s fees and costs) should be completed.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 5
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsImportantCivil cases

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

Filing RequirementsImportantCivil cases

Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

Filing RequirementsImportantCivil cases

Non-Emergency Motions to Cancel Sales should be submitted by US mail, express mail, or hand delivery with copies and stamped address envelopes for Clerk’s distribution to parties.

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 6
|SectionRESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsNoteCivil cases

If a matter is uncontested, the motion and proposed order may be submitted for review (See Section IV. Submitting Proposed Orders).

JudgeSwenson CourtGeneralPreferencesAndProcedures · Jul 2021 · p. 2
|SectionScheduling Hearings on Regular Motions Docket

Filing & Service rules

Electronic Filing Rules

Proposed orders for the listed matters must be submitted by US Mail, express 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: Garnishments, Foreclosure Judgments, Orders to Reset Foreclosure Sales, Orders to Cancel and Reset Foreclosure Sales, Orders that Seal Documents, and Sales of Structured Settlements.

Civil cases

Page 3 | Submitting Proposed Orders

A motion must be electronically filed before it is submitted to the e-portal.

Pursuant to Administrative Order No. 1-61.1, all motions submitted to the e-portal must have been e-filed prior to the e-portal submission.

Civil cases

Page 4 | Submitting Proposed Orders

Submitting a motion to the e-portal does not e-file it; the Court will not e-file motions.

Submitting motions to the e-portal is not the same thing as e-filing and the Court will not e-file the motions.

Civil cases

Page 4 | Submitting Proposed Orders

All orders other than the specifically listed exceptions must be submitted through the e-portal.

All other orders shall be submitted through the e-portal as required in Administrative Order No. 1-61.1.

Civil cases

Page 4 | Submitting Proposed Orders

The written explanation following an objection must be submitted through the e-portal.

Note that objections must be followed up by a written explanation submitted via the e-portal (and copying opposing counsel) within 5 working days.

Civil cases

Page 4 | Submitting Proposed Orders

Proposed orders for future hearings may be submitted through the e-portal before the hearing.

Proposed orders for future hearings may be submitted to the e-portal in advance of the hearing.

Civil cases

Page 4 | Submitting Proposed Orders

Filing Timing and Cure Windows

A Complex Track case is to reach final disposition within the earlier of 30 months after service of initial process on the last defendant or 120 days after commencement of the action.

______ Complex Track (Case resolved within 30 months from date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first, to final disposition).

Civil cases

Page 1 | Case Track Assignment

Motions and objections will not be heard after the pretrial conference.

No motions/objections will be heard after pretrial conference.

Civil cases

Page 1 | Case Deadlines and Events

For all tracks, hearings on objections or pretrial motions are to be scheduled within 45 days after filing, although the hearings may occur after that 45-day period.

All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed.

Civil cases

Page 1 | Case Deadlines and Events

A General Track case is to reach final disposition within the earlier of 18 months after service of initial process on the last defendant or 120 days after commencement of the action.

______ General Track (Case resolved within 18 months from date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first, to final disposition).

Civil cases

Page 1 | Case Track Assignment

A Streamlined Track case is to reach final disposition within the earlier of 12 months after service of initial process on the last defendant or 120 days after commencement of the action.

______ Streamlined Track (Case to be resolved within 12 months date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, Florida Rules of Civil Procedure, whichever occurs first, to final disposition).

Civil cases

Page 1 | Case Track Assignment

The Court will enter an order setting the actual trial period no later than 45 days before the projected trial date.

Pursuant to rule 1.440, no later than 45 days prior to the projected trial date, the Court will enter an order setting the actual trial period.

Civil cases

Page 1 | Trial Information

Hearing times may be obtained after the motion is filed and, if the case was closed, after it is reopened.

Please check our online scheduling calendar to obtain hearing times for a motion hearing once the motion has been filed with the Clerk’s office and, if the case has been closed, once the case has been reopened.

Civil cases

Page 1 | Scheduling Hearings on Regular Motions Docket

Do not send a Notice of Hearing before the judicial assistant confirms the hearing time.

Do not send out a Notice of Hearing until after you have received confirmation of the hearing time from the judicial assistant.

Civil cases

Page 2 | Noticing Hearings

A proposed order rejected for noncompliance must be resubmitted.

All proposed orders must comply with the formatting and technical requirements listed therein; proposed orders that fail to comply with the requirements of the Administrative Order will be rejected and must be resubmitted.

Civil cases

Page 4 | Submitting Proposed Orders

An objection must be followed within five working days by a written explanation submitted through the e-portal.

Note that objections must be followed up by a written explanation submitted via the e-portal (and copying opposing counsel) within 5 working days.

Civil cases

Page 4 | Submitting Proposed Orders

Foreclosure packets must be sent to the office by mail or hand delivery at least 10 days before the hearing.

Foreclosure packets for this docket shall be sent by US mail, express mail, or hand delivery to our office a minimum of 10 days prior to the hearing dates.

Civil cases

Page 5 | RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

A Motion in Limine must be filed and scheduled for hearing before the pretrial conference or it will be considered abandoned; the judge may summarily rule on a motion that lacks the required particularity.

F. The judge may summarily rule on any Motion in Limine not written with particularity as described above. Any Motion in Limine not timely filed and scheduled for hearing before pretrial conference will be considered abandoned.

Civil cases

Page 8 | IX. MOTIONS IN LIMINE

If either party determines the case is ready before the projected trial date, that party may file a motion for trial, and the Court may set an earlier trial period; the Court may also do so on its own initiative.

If either party determines that the case is ready to be tried before the projected trial date, a motion for trial may be filed and the Court may enter an order setting an earlier trial period. The Court may also set an earlier trial period on its own initiative.

Civil cases

Page 1 | Trial Information

Hearing times are allocated first come, first served and are not reserved until the confirmation email is sent.

Hearing times are booked on a first come, first served basis and hearing times are not reserved until the confirmation email is sent.

Civil cases

Page 2 | Noticing Hearings

Orders are generally held for at least five working days to allow objections, but the Judge may waive the hold if the cover letter states there are no objections.

Orders will generally be held for a minimum of 5 working days in order to give opposing party/counsel time to object. If the cover letter indicates that there are no objections to the proposed order, the Judge will waive the hold process and may sign the order upon submission to the Court.

Civil cases

Page 4 | Submitting Proposed Orders

B. The proposed instructions should be submitted via email to the judicial assistant no later than 4:00 p.m. the last work day before the trial.

B. The proposed instructions should be submitted via email to the judicial assistant no later than 4:00 p.m. the last work day before the trial.

Civil cases

Page 8 | X. JURY INSTRUCTIONS

Service and Proof of Service Rules

The party who set the hearing must notify all participants of its cancellation, including court reporters.

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

Civil cases

Page 3 | Cancelling Hearings

A copy of the written explanation following an objection must be provided to opposing counsel.

Note that objections must be followed up by a written explanation submitted via the e-portal (and copying opposing counsel) within 5 working days.

Civil cases

Page 4 | Submitting Proposed Orders

The submitting attorney must distribute copies to anyone not on the e-file distribution list.

It is the responsibility of the submitting attorney to distribute copies to any person or party who is not on the e-file distribution list.

Civil cases

Page 5

A motion for new trial or rehearing must be served within 15 days of the jury verdict or, in a non-jury action, the filing of judgment.

A. Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing must be served within 15 days of the jury verdict or the filing of a judgment in a non-jury action.

Civil cases

Page 9 | XII. MOTIONS FOR REHEARING

Courtesy Copy Requirements

Submit only a courtesy copy of an already e-filed motion, bearing its e-filing date/time stamp, for review with a proposed order; do not submit an original unfiled motion.

Only a courtesy copy of the motion with the e-filing date/time filing stamp thereon should be submitted for review with a proposed order. No original, unfiled, motions should be submitted to the e-portal.

Civil cases

Page 4 | Submitting Proposed Orders

A Motion for Trial must be filed with the Clerk, and one copy must be emailed to the court's office.

C. Any Motion for Trial must be filed with the Clerk of Court and a copy must be emailed to kstarling@jud10.flcourts.org. Do not rely on the Clerk to provide our office with the information.

Civil cases

Page 7 | C. Any Motion for Trial

For a motion for new trial or rehearing, file the original with the Clerk and email one courtesy copy to the specified address.

XII. MOTIONS FOR REHEARING A. Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing must be served within 15 days of the jury verdict or the filing of a judgment in a non-jury action. B. You must file the original with the Clerk and email a courtesy copy to kstarling@jud10.flcourts.org.

Civil cases

Page 9 | XII. MOTIONS FOR REHEARING

Sealing & Redaction Procedures

Parties submitting orders are responsible for ensuring confidential information 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. All parties submitting an order, including attorneys and self- represented litigants, will be required to file a Notice of Confidential Information in

Civil cases

Page 4 | Submitting Proposed Orders

Pre-Motion Conference Requirements

Before scheduling a Motion in Limine for hearing, counsel must confer through a substantive, good-faith in-person or virtual conversation to try to resolve the motion; exchanges of ultimatums by fax, email, or letter do not qualify.

A. 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.

Civil cases

Page 7 | IX. MOTIONS IN LIMINE

Adjournment & Extension Requirements

The parties must adhere to the schedule unless they agree to a change and the Court approves it; approval requires good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability do not constitute good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court.  The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability.  However, upon the filing of the initial Civil Case Management Plan and any other Court-approved changes thereafter, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

Civil cases

Page 1 | Case Deadlines and Events

All motions for continuance, including agreed motions, must comply with Florida Rule of Civil Procedure 1.460.

A. All Motions for continuance, even if agreed, must comply with Florida Rule of Civil Procedure 1.460.

Civil cases

Page 8 | XI. JOINT MOTIONS TO CONTINUE TRIAL

A joint motion to continue trial must identify a new pretrial date and trial date when the motion is filed.

Additionally, in order to avoid delay in prosecution of the case, a new pretrial and trial date must be chosen at the time the joint motion is filed.

Civil cases

Page 8 | XI. JOINT MOTIONS TO CONTINUE TRIAL

A proposed order continuing trial may be submitted when all parties and, if applicable, their attorneys have signed the joint motion.

B. A proposed order continuing a trial may be submitted if all parties have signed the joint motion, along with their respective attorneys, if applicable.

Civil cases

Page 8 | XI. JOINT MOTIONS TO CONTINUE TRIAL

Whether a joint motion to continue trial requires a hearing depends on the age of the case, the newly coordinated trial date, and other factors.

A hearing on Joint Motion(s) to Continue Trial may or may not be required, depending on the age of the case, the newly-coordinated trial date, and other factors.

Civil cases

Page 8 | XI. JOINT MOTIONS TO CONTINUE TRIAL

Chambers Communication Rules

After agreeing on a hearing time with opposing counsel, email the judicial assistant the case, motion, hearing, duration, format, and clearance information listed.

Once you and opposing counsel agree on a time, send an email to the judicial assistant at kstarling@jud10.flcourts.org 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 upon date and time for the hearing; d. The agreed upon length of time being reserved for the hearing (it is important that you schedule sufficient time for each party to have a fair opportunity to be heard regarding the issues); 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.

Civil cases

Page 1 | Scheduling Hearings on Regular Motions Docket

Hearing dates and times must be cleared with opposing counsel or the parties.

All hearing date/time slots shall be cleared with opposing counsel or parties.

Civil cases

Page 1 | Scheduling Hearings on Regular Motions Docket

A cross-notice adding another motion is prohibited unless the addition has been cleared with opposing counsel and the judge’s office.

Cross-Notices to add other motions are not permitted unless the addition has been cleared with opposing counsel and with the judge’s office.

Civil cases

Page 2 | Scheduling Hearings on Regular Motions Docket

Email the motion being heard and the Notice of Hearing to the judicial assistant at least five days before the hearing.

A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to kstarling@jud10.flcourts.org at least 5 days in advance of the hearing.

Civil cases

Page 2 | Scheduling Hearings on Regular Motions Docket

Please always email a copy of the Notice of Cancellation to the judge’s office to make sure that the hearing or trial has been removed from the calendar.

Please always email a copy of the Notice of Cancellation to the judge’s office to make sure that the hearing or trial has been removed from the calendar.

Civil cases

Page 3 | Cancelling Hearings

The final hearing date for a proposed Order to Show Cause must be confirmed by email before submission.

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.

Civil cases

Page 4 | Submitting Proposed Orders

Anyone objecting to an order must immediately email the Judge’s office at kstarling@jud10.flcourts.org.

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

Civil cases

Page 4 | Submitting Proposed Orders

Emergency Motions to Cancel Sales should be submitted via email to kstarling@jud10.flcourts.org so that, if granted, they may be hand-delivered to the Clerk for processing prior to the sale occurring.

Emergency Motions to Cancel Sales should be submitted via email to kstarling@jud10.flcourts.org so that, if granted, they may be hand-delivered to the Clerk for processing prior to the sale occurring.

Civil cases

Page 5 | RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

Confirm the final hearing date by email before submitting the foreclosure packet for consideration.

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

Civil cases

Page 5 | RESIDENTIAL/COMMERCIAL FORECLOSURE INSTRUCTIONS

Email a copy of any emergency motion to the stated address; filing it only with the Clerk’s Office will not alert the Court.

Please email a copy of any emergency motion to kstarling@jud10.flcourts.org. Simply filing an emergency motion with the Clerk’s Office will not bring the motion to the attention of the Court.

Civil cases

Page 6 | EMERGENCY MOTIONS

The courtesy copy must be emailed to the specified address.

B. You must file the original with the Clerk and email a courtesy copy to kstarling@jud10.flcourts.org.

Civil cases

Page 9 | XII. MOTIONS FOR REHEARING

As a courtesy, if the length of a hearing changes in any way (for example, a case settles and you know that a long hearing will only take a few minutes rather than an hour), please notify the Court as soon as possible. The remainder of that hearing time may be needed for other hearings.

As a courtesy, if the length of a hearing changes in any way (for example, a case settles and you know that a long hearing will only take a few minutes rather than an hour), please notify the Court as soon as possible. The remainder of that hearing time may be needed for other hearings.

Civil cases

Page 3 | Cancelling Hearings

Promptly call the Court when a hearing is no longer needed; if a case settles, hearings already set on the Judge’s calendar must still be canceled.

Please call or email as soon as you learn that a hearing is no longer needed. If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.

Civil cases

Page 3 | Cancelling Hearings

Verify the correct Judge with the Clerk’s Office before submitting a motion or proposed order for consideration.

Please verify the correct Judge with the Clerk’s Office prior to submitting the motion/proposed Order for consideration.

Civil cases

Page 4 | Submitting Proposed Orders

Proposed jury instructions should be emailed to the judicial assistant by 4:00 p.m. on the last work day before trial.

B. The proposed instructions should be submitted via email to the judicial assistant no later than 4:00 p.m. the last work day before the trial.

Civil cases

Page 8 | X. JURY INSTRUCTIONS

If a call to the office during normal business hours reaches voicemail, callers should expect a timely return contact.

A. Our office only has one line for incoming calls. If you call our office during normal business hours and get our voice mail, it means that the Judicial Assistant is on another line or away from her desk. Accordingly, if you leave a voice mail message, you should expect to receive return contact in a timely fashion. Your patience in this matter is greatly appreciated.

Civil cases

Page 9 | XIII. VOICE MAIL

Common questions about Judge Jennifer A. Swenson's rules

Are courtesy copies required for Judge Jennifer A. Swenson?

Courtesy-copy rule applies for motions. Details: delivery with bundled motion. Submit only a courtesy copy of an already e-filed motion, bearing its e-filing date/time stamp, for review with a proposed order; do not submit an original unfiled motion.

View ruleSource: page 4, section Submitting Proposed Orders

Does Judge Jennifer A. Swenson require a pre-motion conference or letter before filing a motion?

Before scheduling a Motion in Limine for hearing, counsel must confer through a substantive, good-faith in-person or virtual conversation to try to resolve the motion; exchanges of ultimatums by fax, email, or letter do not qualify.

View ruleSource: page 7, section IX. MOTIONS IN LIMINE

What formatting rules apply to filings before Judge Jennifer A. Swenson?

Judge Jennifer A. Swenson's formatting rule includes 14 point type and the ada notice must be in bold type and use either arial or bookman old style.. The required ADA Notice must be in bold type and 14-point Arial or Bookman Old Style.

View ruleSource: page 3, section Noticing Hearings

What must be included with hearing scheduling communication filings before Judge Jennifer A. Swenson?

If a good-faith attempt to clear a hearing is unsuccessful, use the specified statement with a factual explanation.

View ruleSource: page 1, section Scheduling Hearings on Regular Motions Docket

What must be included with notice of hearing filings before Judge Jennifer A. Swenson?

A Notice of Hearing may be prepared after the Court confirms the hearing date and time.

View ruleSource: page 1, section Scheduling Hearings on Regular Motions Docket

How may parties contact Judge Jennifer A. Swenson's chambers?

The rule lists email kstarling@jud10.flcourts.org. After agreeing on a hearing time with opposing counsel, email the judicial assistant the case, motion, hearing, duration, format, and clearance information listed.

View ruleSource: page 1, section Scheduling Hearings on Regular Motions Docket

How does Judge Jennifer A. Swenson handle sealed or redacted filings?

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

View ruleSource: page 4, section Submitting Proposed Orders

How do I request an adjournment or extension before Judge Jennifer A. Swenson?

The parties must adhere to the schedule unless they agree to a change and the Court approves it; approval requires good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability do not constitute good cause.

View ruleSource: page 1, section Case Deadlines and Events

Is electronic filing required before Judge Jennifer A. Swenson?

Yes. Electronic filing is required for the covered filings. Proposed orders for the listed matters must be submitted by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes.

View ruleSource: page 3, section Submitting Proposed Orders

What filing deadlines does Judge Jennifer A. Swenson set?

A Streamlined Track case is to reach final disposition within the earlier of 12 months after service of initial process on the last defendant or 120 days after commencement of the action.

View ruleSource: page 1, section Case Track Assignment

What service or proof of service rules apply before Judge Jennifer A. Swenson?

The party who set the hearing must notify all participants of its cancellation, including court reporters.

View ruleSource: page 3, section Cancelling Hearings
Complete rules summary for Judge Jennifer A. Swenson

Select the case track with a check mark or an X.

A Streamlined Track case is to reach final disposition within the earlier of 12 months after service of initial process on the last defendant or 120 days after commencement of the action.

A General Track case is to reach final disposition within the earlier of 18 months after service of initial process on the last defendant or 120 days after commencement of the action.

A Complex Track case is to reach final disposition within the earlier of 30 months after service of initial process on the last defendant or 120 days after commencement of the action.

The Court will enter an order setting the actual trial period no later than 45 days before the projected trial date.

If either party determines the case is ready before the projected trial date, that party may file a motion for trial, and the Court may set an earlier trial period; the Court may also do so on its own initiative.

For all tracks, hearings on objections or pretrial motions are to be scheduled within 45 days after filing, although the hearings may occur after that 45-day period.

Motions and objections will not be heard after the pretrial conference.

The parties must adhere to the schedule unless they agree to a change and the Court approves it; approval requires good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability do not constitute good cause.

Hearing times may be obtained after the motion is filed and, if the case was closed, after it is reopened.

After agreeing on a hearing time with opposing counsel, email the judicial assistant the case, motion, hearing, duration, format, and clearance information listed.

Hearing dates and times must be cleared with opposing counsel or the parties.

If a good-faith attempt to clear a hearing is unsuccessful, use the specified statement with a factual explanation.

A Notice of Hearing may be prepared after the Court confirms the hearing date and time.

Email the motion being heard and the Notice of Hearing to the judicial assistant at least five days before the hearing.

For an uncontested matter, the motion and a proposed order may be submitted for review.

The motion should indicate that the matter is uncontested.

A cross-notice adding another motion is prohibited unless the addition has been cleared with opposing counsel and the judge’s office.

Do not send a Notice of Hearing before the judicial assistant confirms the hearing time.

Hearing times are allocated first come, first served and are not reserved until the confirmation email is sent.

The Notice of Hearing must state the hearing location; for an in-person hearing, include the courthouse address and hearing room.

For a virtual hearing, the Notice of Hearing must include the specified Microsoft Teams notice, courtroom link, and access instructions.

All notices of hearing and orders setting a hearing must include the specified ADA Notice.

The required ADA Notice must be in bold type and 14-point Arial or Bookman Old Style.

Promptly call the Court when a hearing is no longer needed; if a case settles, hearings already set on the Judge’s calendar must still be canceled.

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

The party who set the hearing must notify all participants of its cancellation, including court reporters.

Please always email a copy of the Notice of Cancellation to the judge’s office to make sure that the hearing or trial has been removed from the calendar.

As a courtesy, if the length of a hearing changes in any way (for example, a case settles and you know that a long hearing will only take a few minutes rather than an hour), please notify the Court as soon as possible. The remainder of that hearing time may be needed for other hearings.

Proposed orders for the listed matters must be submitted by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes.

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