Limits & Logistics
Courtesy Copies
Case Law, Memorandum of Law
Communication
Chambers
Phone
Chambers
Phone
Phone
Phone
Document Format Requirements2 rules
Order(s) that are not properly formatted will be automatically rejected by the Court.
Format: Courtesy copies must be submitted in PDF format.
- File type
- Courtesy copy
Document Filing Requirements14 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.
An agreed upon Motion for Continuance of Pretrial Conference or Arraignment and a proposed Order must be submitted no later than 1:00 p.m. three (3) business days prior to scheduled hearing.
- Document
- Motion
Must include
- •Proposed order
Defense counsel may waive a regularly scheduled status conference in Polk Felony Divisions F4 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 Defendant MUST be present for mandatory docketing; counsel cannot waive the Defendant’s presence for Mandatory Docketing.
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 three (3)business days prior to the scheduled hearing or the Motion will not be considered.
- Document
- Motion
Must include
- •Proposed order
All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed.
All motions must state opposing counsel’s objection or lack of objection.
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.
Requirements: If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
Defendants Represented by Counsel: Counsel shall file the Motion for Modification and/or Termination with the Probation Officer’s Recommendation Report. See Exhibit C for the Probation Officer form.
Pro se defendants seeking to modify or terminate probation must submit a written request to the Felony Clerk at the stated address.
Court's wording
Pro Se Defendants: Defendants who wish to seek a modification and/or terminate 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.
It is the responsibility of attorneys and self- represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
When required: The Court may require a memorandum for sentencing after trial, open pleas to the Court, and upon formal request of the Court.
A case represented as ready for trial must satisfy the listed readiness conditions, including that pretrial motions have been filed and ruled on, except motions in limine taking less than 10 minutes each.
Court's wording
Both parties, acting in good faith, represent to the Court that this case is ready for trial today, which means that: ☐ Counsel have good contact with all their witnesses. ☐ All necessary depositions, investigations, and discovery have been completed. ☐ All mitigation, if any, has been submitted to the State. ☐ The State has made a plea offer which was provided to opposing counsel. ☐ All pre-trial motions have been filed and ruled on, except for motions in limine which will take less than 10 mins each.
Filing & Service rules
Filing Timing and Cure Windows
The Court must receive all hearing materials at least three business days before the hearing.
The Court must receive all materials for the hearing no later than three (3) business days before the hearing.
Criminal cases
Page 2 | B. Scheduling Procedures
An agreed motion to continue a Pretrial Conference or Arraignment, together with a proposed order, must be submitted by 1:00 p.m. three business days before the hearing.
An agreed upon Motion for Continuance of Pretrial Conference or Arraignment and a proposed Order must be submitted no later than 1:00 p.m. three (3) business days prior to scheduled hearing.
Criminal cases
Page 2 | B. Scheduling Procedures
File and serve the Waiver of Status Conference by 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.
Criminal cases
Page 2 | B. Scheduling Procedures
A written motion and proposed order for counsel’s or a witness’s remote appearance must be submitted no later than three business days before the hearing, or the motion 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 three (3)business days prior to the scheduled hearing or the Motion will not be considered.
Criminal cases
Page 3 | C. Court Appearances
Submit memorandums and courtesy copies to the Court at least three days before the matter is heard.
Deadline for Submission: Memorandums and Courtesy Copies must be submitted to the court no later than three (3) days before the matter will be heard.
Criminal cases
Page 5 | E. Memorandums and Courtesy Copies of Case Law
Submit proposed orders within ten days after any hearing unless the Court directs otherwise.
Deadline for Submission: Proposed orders must be submitted no later than ten (10) days after any hearing unless otherwise directed by the Court.
Criminal cases
Page 5 | D. Submission of Motions and proposed Orders
The Clerk's processing of a probation modification or termination request can take up to 30 business days.
Be advised, processing of the request can take up to thirty (30) business days.
Criminal cases
Page 7 | H. Early Termination of Probation
Service and Proof of Service Rules
Do not add the Judicial Assistant to the e-service list; serve the Judicial Assistant by separate email.
The Judicial Assistant must not be added to the e-service list but served by separate e-mail.
Criminal cases
Page 2 | B. Scheduling Procedures
Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused.
Criminal cases
Page 2 | A. Communications with the Judicial Office
After the Judicial Assistant confirms the hearing, the scheduling party must file and immediately serve a Notice of Hearing.
Upon confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.
Criminal cases
Page 2 | B. Scheduling Procedures
Counsel for the Defendant must sign the Waiver of Status Conference, which must be served on the assigned State attorney 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 | B. Scheduling Procedures
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 | B. Scheduling Procedures
Courtesy Copy Requirements
Counsel may send courtesy copies of case law or memorandums of law on matters counsel considers appropriate.
Counsel may send courtesy copies of Case Law or Memorandums of Law on any matter counsel finds appropriate.
Criminal cases
Page 5 | E. Memorandums and Courtesy Copies of Case Law
Adjournment & Extension Requirements
A continuance motion must be signed by the requesting party unless good cause is shown.
Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Criminal cases
Page 2 | B. Scheduling Procedures
Continuance motions are disfavored and will be granted only upon a showing of good cause.
Motions for continuance are disfavored and will be granted only upon good cause shown.
Criminal cases
Page 2 | B. Scheduling Procedures
The Court may require a hearing even on an agreed motion for continuance.
The Court may still require a hearing on an agreed upon Motion for Continuance.
Criminal cases
Page 2 | B. Scheduling Procedures
Successive continuances are highly disfavored.
Successive continuances are highly disfavored.
Criminal cases
Page 2 | B. Scheduling Procedures
If the agreed continuance motion and proposed order are not submitted by the deadline, the hearing remains on the docket and will be addressed in court at the scheduled time.
Otherwise, the hearing will remain on the docket and will be addressed in Court at the scheduled time.
Criminal cases
Page 2 | B. Scheduling Procedures
Lack of due diligence is not a basis for granting a continuance.
Lack of due diligence is not grounds for granting a continuance.
Criminal cases
Page 2 | B. Scheduling Procedures
Chambers Communication Rules
Communications with the judicial office must comply with Canon 3, which prohibits ex parte communications and certain communications outside the parties’ presence unless authorized by law.
All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law.
Criminal cases
Page 2 | A. Communications with the Judicial Office
The party scheduling a hearing must contact all other parties and coordinate an agreed date and time.
The party scheduling the hearing is responsible for contacting all other parties and coordinating an agreed upon date and time.
Criminal cases
Page 2 | B. Scheduling Procedures
Once a hearing is set, opposing counsel must consent before it is canceled.
After a hearing is set, opposing counsel must consent to the cancellation.
Criminal cases
Page 2 | B. Scheduling Procedures
The scheduling party must send the Judicial Assistant a copy of the Notice of Hearing.
The scheduling party must also send a copy of the Notice of Hearing to the Judicial Assistant.
Criminal cases
Page 2 | B. Scheduling Procedures
All parties must be copied on emails to the judicial office unless the communication is authorized ex parte by law.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Criminal cases
Page 2 | A. Communications with the Judicial Office
Communications to the judicial office must be emailed to the Judicial Assistant and include the case number, case name, and relevant matter in the subject line.
Method of Communication: Communications to the judicial office must be submitted by e-mail to Brinna Allbritton, Judicial Assistant at mbrooks@Jud10.FLCourts.org. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 SC – Doe v. Doe – 2-Hour Hearing Requested).
Criminal cases
Page 2 | A. Communications with the Judicial Office
Email the judicial office to confirm and reserve the court date before submitting the Notice of Hearing.
You must e-mail the judicial office to confirm and reserve your court date prior to submitting your Notice of Hearing.
Criminal cases
Page 2 | B. Scheduling Procedures
Notify the Judicial Assistant immediately to cancel a hearing.
You must cancel hearings by notifying the Judicial Assistant immediately.
Criminal cases
Page 2 | B. Scheduling Procedures
To obtain motion hearing times, email the Judicial Assistant with the case number, Defendant’s name, matters to be heard, and time required.
Scheduling Hearings: E-mail the Judicial Assistant at, mbrooks@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.
Criminal cases
Page 2 | B. Scheduling Procedures
If the Court does not act on an emergency motion requiring immediate action, the party must present the matter to the duty judge.
If the Court does not act upon an emergency motion which requires immediate action, the party shall present the matter to the duty judge.
Criminal cases
Page 5 | F. Emergency and other Urgent Matters
Submit memorandums and courtesy copies of case law by email to the Judicial Assistant at the stated address.
Submission Method: Memorandums and Courtesy Copies of Case Law must be submitted via e-mail to the Judicial Assistant at mbrooks@Jud10.FLCourts.org.
Criminal cases
Page 5 | E. Memorandums and Courtesy Copies of Case Law
Email the completed form to the judge’s judicial assistant at the specified address.
E-mail completed form to Miranda Brooks, JA to Judge John C. Waters at mbrooks@jud10.flcourts.org
Criminal cases
Page 11
Represented individuals must direct questions and concerns to their attorney.
If you are represented by an attorney, you must contact your attorney directly with any questions and/or concerns.
Criminal cases
Page 1 | Judicial Practices and Procedures FELONY DIVISION F5
Do not include the Judicial Assistant in electronic communications with other parties about coordinating a hearing.
DO NOT include the Judicial Assistant in any electronic communications with other parties relating to the coordination of the hearing.
Criminal cases
Page 2 | B. Scheduling Procedures
The judicial office does not accept text messages.
The judicial office does not accept text messages.
Criminal cases
Page 2 | A. Communications with the Judicial Office
Parties may contact the judicial office only as these procedures allow, and the court will not consider unsolicited communications from non-parties.
Parties may only contact the judicial office in accordance with these practices and procedures. Unsolicited communications from non-parties will not be considered by the court.
Criminal cases
Page 2 | A. Communications with the Judicial Office
Hearing times provided by the Judicial Assistant are not reserved while the parties coordinate.
The hearing times provided are not held while the attempt is being made to coordinate with opposing counsel/party.
Criminal cases
Page 2 | B. Scheduling Procedures
The judicial office may be contacted by telephone when necessary and may request a follow-up email.
On occasion, it may be necessary to communicate with the judicial office via telephone. The judicial office may be contacted via telephone at 863-534-4149. The judicial office may request a follow up e- mail to any telephonic communication.
Criminal cases
Page 2 | A. Communications with the Judicial Office
Contact Court I.T. by phone for technology-related inquiries.
For any inquiries regarding technology needs, contact Court I.T. at 863-534-7788.
Criminal cases
Page 4 | C. Court Appearances
People who are hearing or voice impaired should call 711 for ADA accommodation assistance.
if you are hearing or voice impaired, call 711.
Criminal cases
Page 7 | I. Other Division Procedures
If an interpreter is needed for a hearing or trial, the interpreter’s office may be contacted by telephone at 863-534-7700.
Interpreter Requests: If an interpreter is needed for a hearing or trial, please review the following link: Court Interpreters | 10th Judicial Circuit Court. You can contact the interpreter’s office via telephone at 863-534-7700 or via e-mail at CourtInterpreters@jud10.flcourts.org.
Criminal cases
Page 7 | I. Other Division Procedures
ADA accommodation requests should be made at least 7 days before a scheduled appearance, or immediately upon receiving the court-date notice if fewer than 7 days remain.
ADA Accommodations: 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 your court date notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. You can also submit a request online at this link: Florida Supreme Court ADA Title II Accommodation Request Form | 10th Judicial Circuit Court.
Criminal cases
Page 7 | I. Other Division Procedures