Court Rules

Limits & Logistics

Courtesy Copies

Courtesy copies

  • 1 copy • Email • At Least 5 Days Before Hearing
  • Received No Later Than 5 Business Days Before Hearing

Filings > 20 pages

Motion for Rehearing

  • Email

Pretrial Stipulation

  • Mail • Five Days Before Pretrial Conference

Communication

Email

Chambers

cmarazzito@jud10.flcourts.org
SchedulingEmergencies
Email

Chambers

cmarazzito@jud0.flcourts.org
Phone
(863) 534-4690
Email

Chambers

Scheduling
Phone

Chambers

Hours: normal business hours
Filters:

Document Format Requirements6 rules

FormattingMandatory

Judge Butz accepts e-mailed copies of the Motion, so long as it is in PDF format and includes all attachments within the same file.

File type
PDF
JudgeButz Civil04 Policies and Procedures · p. 4
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
FormattingMandatory

Exhibit labels may be attached by sticker or inked stamp and must substantially follow the specified label format.

Court's wording

2. 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____________________________________

JudgeButz Civil04 Policies and Procedures · p. 8
|SectionVII. TRIALS, B. MARKING EXHIBITS
FormattingMandatory

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

JudgeButz Civil04 Policies and Procedures · p. 8
|SectionVII. TRIALS, B. MARKING EXHIBITS
FormattingMandatory

H. A minimum of 10 days prior to the hearing, all parties shall submit their relied upon Case law with relevant text/rule of law/holdings highlighted and in color along with a hardcopy of the Motion, Response and Notice of Hearing.

FormattingImportant

For motions with many attachments, separate attachment files are permitted if they are named sequentially for alphabetical or numerical sorting.

Court's wording

For Motions with many attachments (e.g., motions for summary judgement), the attachments may be separate files from the Motion provided they are named sequentially so that they can be sorted alphabetically or numerically (e.g., 01_Attachment.pdf, 02_Attachement.pdf).

JudgeButz Civil04 Policies and Procedures · p. 4
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
FormattingImportant

Said instructions should be in Word format.

Document Filing Requirements39 rules

Filing RequirementsMandatory

The scheduling email must provide the listed case and hearing details, clear proposed slots with opposing counsel or parties, and use the prescribed explanation if good-faith clearance attempts fail.

Court's wording

After completing the above, send an email to cmarazzito@jud10.flcourts.org (judicial assistant) providing the following information: 1 The case number, style of the case, and the names of the attorneys involved; 2 The motion being set for hearing; 3 The agreed upon the date and time for the hearing; 4 The agreed upon the 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); 5 Whether the hearing is being set for an in-person or virtual hearing; and date/time slots shall be cleared with opposing counsel or parties. If counsel’s good faith attempts 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)

Filing RequirementsMandatory

If the date and time is confirmed, the Notice of Hearing may be prepared. Do not send out a notice of hearing until you have received confirmation from the judicial assistant.

Filing RequirementsMandatory

A Notice of Hearing must state the hearing location, the pleading being heard, and the hearing duration.

Court's wording

The location of the hearing must be included in the Notice of Hearing. In person hearings are held at eh Polk County Courthouse, 255 N. Broadway Avenue, Bartow, Fl 33830, in Hearing Room 8th B1 (Eight Floor, Red Elevators). The pleading being heard, along with the hearing duration must be set forth in the Notice of Hearing.

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 hearings or orders setting hearing: “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 North Broadway, Bartow, FL 33830, (863) 534-4690, at least 7 days before your scheduled court appearance, or immediately upon 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 RequirementsMandatory

Do not send out Notice of Hearing until after you have received confirmation of the hearing time from the judicial assistant. Hearing times are booked on a first come, first served basis and hearing times are not reserved until the confirmation email is sent.

Filing RequirementsMandatory

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

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: https://teams.microsoft.com/l/meetup- join/19:meeting_ZmQ4MDcwZjktMDk2MC00MjYxLWEwYTEtZmFkMjA 4ZWQ0YTEy@thread.v2/0?context=%7B%22Tid%22%3A%229f6aab68- a956-435b-9525-d1011c660851%22%2C%22Oid%22%3A%22f63d1d1f- c868-4df7-a844-f7367098275a%22%7D This link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http;//ww.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 04 Virtual Courtroom”.

Filing RequirementsMandatory

Please always provide a Notice of Cancellation to the judge’s office to make sure that the hearing or trial ahs been taken off the book.

Filing RequirementsMandatory

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

Filing RequirementsMandatory

The specified proposed-order submissions must include copies and stamped addressed envelopes for distribution.

Court's wording

These types of orders require submission of proposed orders by U.S. Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in those matters.

JudgeButz Civil04 Policies and Procedures · p. 4
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

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.

JudgeButz Civil04 Policies and Procedures · p. 4
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.

Filing RequirementsMandatory

Never send a cross notice without prior approval of the court and cleared with opposing counsel.

Filing RequirementsMandatory

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

JudgeButz Civil04 Policies and Procedures · p. 5
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

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

JudgeButz Civil04 Policies and Procedures · p. 5
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

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

JudgeButz Civil04 Policies and Procedures · p. 5
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

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 or provision that applies to the identified information.

JudgeButz Civil04 Policies and Procedures · p. 5
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsMandatory

A proposed Order to Show Cause must state a final hearing date confirmed by email before submission; a blank date will result in its return.

Court's wording

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.

JudgeButz Civil04 Policies and Procedures · p. 5
|SectionIV. 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.

JudgeButz Civil04 Policies and Procedures · p. 6
|SectionV. 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 Judgement.

JudgeButz Civil04 Policies and Procedures · p. 6
|SectionV. 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.

JudgeButz Civil04 Policies and Procedures · p. 6
|SectionV. RESIDENTIAL /COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

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

JudgeButz Civil04 Policies and Procedures · p. 6
|SectionV. RESIDENTIAL /COMMERCIAL FORECLOSURE INSTRUCTIONS
Filing RequirementsMandatory

Motions to reset sales and sale-reset provisions in cancellation motions or orders must include the specified rescheduling language.

Court's wording

G. 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.realforesure.com at 10:00 a.m. on _______________, 20__ after the requirements of Florida Statues Section 45.031 have been complied with, no sooner than ________ days from the date hereof.

Filing RequirementsMandatory

C. 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 RequirementsMandatory

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

Filing RequirementsMandatory

Orders to Show Cause for foreclosure judgments must include a final hearing date confirmed by email before submission.

Court's wording

E. Orders to Show Cause regarding entry of Foreclosure Judgements 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.

Filing RequirementsMandatory

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

Filing RequirementsMandatory

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).

Filing RequirementsMandatory

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

JudgeButz Civil04 Policies and Procedures · p. 8
|SectionVII. TRIALS, B. MARKING EXHIBITS
Filing RequirementsMandatory

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

Filing RequirementsMandatory

A Motion in Limine must state its grounds and legal arguments with particularity and identify supporting evidence or material; the judge may summarily rule on one that does not.

Court's wording

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. F. The judge may summarily rule on any Motion in Limine not written with particularity as described above.

Filing RequirementsMandatory

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

Filing RequirementsMandatory

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 RequirementsMandatory

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. 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.

JudgeButz Civil04 Policies and Procedures · p. 10
|SectionX. JOINT MOTIONS TO CONTINUE TRIAL
Filing RequirementsMandatory

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

Filing RequirementsMandatory

The proposed continuance order must state the agreed date, time, and location for the Pre-Trial Conference and Trial Block and identify what further activity is permitted or prohibited.

Court's wording

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

JudgeButz Civil04 Policies and Procedures · p. 10
|SectionX. JOINT MOTIONS TO CONTINUE TRIAL
Filing RequirementsMandatory

D. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

Filing RequirementsImportant

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

Filing RequirementsImportant

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

JudgeButz Civil04 Policies and Procedures · p. 6
|SectionIV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Filing RequirementsImportant

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

JudgeButz Civil04 Policies and Procedures · p. 6
|SectionV. RESIDENTIAL /COMMERCIAL FORECLOSURE INSTRUCTIONS

Filing & Service rules

Electronic Filing Rules

All other orders must be submitted through the e-portal under Administrative Order No. 1-61.1.

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

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

For the specified matters, proposed orders must be submitted by U.S. Mail, express mail, or hand delivery.

These types of orders require submission of proposed orders by U.S. Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in those matters.

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

Motion copies may be emailed; if the file is too large, a USB drive or a shared-drive link may be sent, but shared links must be hosted on Microsoft OneDrive.

Judge Butz accepts e-mailed copies of the Motion, so long as it is in PDF format and includes all attachments within the same file. If the file is too large, you may send a USB drive or a link to a shared drive where the file can be downloaded (NOTE: our network only allows access to links stored on Microsoft OneDrive).

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

Pertinent motions must be e-filed before the proposed order is submitted.

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

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

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

Foreclosure cases are not processed by the Court or Clerk through the e-portal processes described above.

NOTE: FORECLOSURE CASES ARE NOT PROCESSED BY THE COURT OR CLERK VIA THE E-PORTAL PROCESSES OUTLINED ABOVE.

Page 6 | V. RESIDENTIAL /COMMERCIAL FORECLOSURE INSTRUCTIONS

Non-emergency Motions to Cancel Sales should be submitted by mail or hand delivery with copies and stamped addressed envelopes for the Clerk to distribute to the parties.

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.

Page 7 | F.

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.

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

Filing Timing and Cure Windows

The written explanation following an objection must be submitted within five working days.

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

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

Foreclosure packets must be sent to the office by U.S. mail, express mail, or hand delivery at least ten 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.

Page 6 | V. RESIDENTIAL /COMMERCIAL FORECLOSURE INSTRUCTIONS

A Motion in Limine must be timely filed and scheduled for hearing before the pretrial conference or it will be considered abandoned.

Any Motion in Limine not timely filed and scheduled for hearing before pretrial conference will be considered abandoned.

Page 9

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

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

Page 9 | IX. JURY INSTRUCTIONS

At least 10 days before the hearing, parties must submit relied-upon case law with relevant portions highlighted in color and hard copies of the Motion, Response, and Notice of Hearing.

H. A minimum of 10 days prior to the hearing, all parties shall submit their relied upon Case law with relevant text/rule of law/holdings highlighted and in color along with a hardcopy of the Motion, Response and Notice of Hearing.

Page 9

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

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. 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.

Page 10 | X. JOINT MOTIONS TO CONTINUE TRIAL

Proposed orders are generally held at least five working days for 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 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.

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

Service and Proof of Service Rules

The written explanation following an objection must be copied 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.

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

Page 6 | IV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS

Unless an emergency motion is submitted ex parte, copy the submission to the opposing party or counsel.

C. 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.

Page 7 | VI. EMERGENCY MOTIONS

Non-emergency sale-cancellation motions must include copies and stamped addressed envelopes for the Clerk’s distribution to the parties.

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.

Page 7 | F.

A Motion for New Trial or Motion for 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.

Page 10 | XI. MOTIONS FOR REHEARING

Courtesy Copy Requirements

The motion and attachments must reach the judicial assistant’s office no later than five business days before the hearing, regardless of delivery method.

No matter which delivery method you choose, the Motion and attachments must be received in this office no later than five (5) business days prior to the hearing date.

Page 2 | I.C.

Email one copy of 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 cmarazzito@jud10.flcourts.org at least 5 days in advance of the hearing.

Page 2 | I.C.

Motions over 20 pages must be sent to the judicial assistant by mail, express mail, or hand delivery; the assistant will not print documents over 20 pages.

If the motion is larger than 20 pages, it must be sent to the JA via mail, express mail or hand delivery service. The JA will not print out anything over 20 pages.

Page 2 | I.C.

Mail a hard copy of the pre-trial stipulation to the Judge’s office five days before the Pre-Trial Conference.

Trial Counsel is expected to appear at the pre-trial conference. Mail a hard copy of the pre-trail stipulation to the Judge’s office five days prior to the Pre-Trial Conference.

Page 8 | VII. TRIALS, A. SCHEDULING TRIALS

A courtesy copy of a Motion for Rehearing must be emailed to the stated address.

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

Page 10 | XI. MOTIONS FOR REHEARING

Hard copies may be sent, but do not send the same materials by both email and regular mail.

You may send hard copies, but please do not send via both email and regular mail.

Page 2 | I.C.

Sealing & Redaction Procedures

Parties submitting orders must ensure confidential information in filings is redacted or identified for redaction.

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

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

Pre-Motion Conference Requirements

A properly noticed hearing is required before a Default Final Judgment motion may be granted in a residential or commercial foreclosure case, unless the judgment is stipulated to by counsel or the parties.

H. The Judge will not grant any Motions for Default Final Judgement on residential or commercial foreclosure cases without a properly noticed hearing. The only exception to this would be if the Default Final Judgement was stipulated to by counsel/parties.

Page 7 | H.

Before scheduling a hearing on a Motion in Limine, counsel must confer in good faith through a substantive in-person or virtual conversation to try to resolve some or all of 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.

Page 8 | VIII. MOTIONS IN LIMINE

Adjournment & Extension Requirements

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.

Page 10 | X. JOINT MOTIONS TO CONTINUE TRIAL

Chambers Communication Rules

Email the judicial assistant to obtain a motion hearing time only after the motion is filed and, if necessary, the case is reopened.

You must 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 ON REGULAR (MOTIONS) DOCKET

After completing the initial scheduling steps, email the judicial assistant at the specified address with the required hearing information.

After completing the above, send an email to cmarazzito@jud10.flcourts.org (judicial assistant) providing the following information:

Page 2 | I.A. SCHEDULING HEARINGS

A cross-notice adding other motions 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 the judge’s office.

Page 2 | I.E.

Contact the court by phone or email as soon as you learn that a hearing is no longer needed.

Please call or email as soon as you learn that a hearing is no longer needed.

Page 4 | III. CANCELLING HEARINGS

Anyone objecting to an order must immediately email the Judge’s office at the listed address.

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

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

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

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

Page 7 | F.

Email a copy of every emergency motion to the stated address because filing it only with the Clerk’s Office will not bring it to the Court’s attention.

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

Page 7 | VI. EMERGENCY MOTIONS

A motion for trial must be filed with the Clerk of the Court and a copy emailed to the stated address.

Any motion for Trial must be filed with the Clerk of the Court and a copy must be emailed to cmarazzito@jud0.flcourts.org .

Page 8 | VII. TRIALS, A. SCHEDULING TRIALS

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

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

Page 9 | IX. JURY INSTRUCTIONS

Do not email evidence to the judicial assistant’s office expecting the office to print it.

Do not email evidence to this office and expect it to be printed.

Page 2 | I.C.

A person requesting disability accommodation should contact the Court Administrator at least 7 days before the appearance, or immediately if fewer than 7 days remain.

Please contact the Office of the Court Administrator, 255 North Broadway, Bartow, FL 33830, (863) 534-4690, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days;

Page 3 | II. NOTICING HEARINGS

Notify the Court as soon as possible whenever the hearing length changes.

If the length of the 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.

Page 4 | III. CANCELLING HEARINGS

Before submitting a motion or proposed order for consideration, verify the correct judge with the Clerk’s Office.

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

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

Contact the Judicial Assistant for hearing times to include in the Order to Show Cause packet.

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

Page 6 | V. RESIDENTIAL /COMMERCIAL FORECLOSURE INSTRUCTIONS

People who are hearing- or voice-impaired may call 711 for assistance.

if you are hearing or voice impaired, call 711.

Page 3 | II. NOTICING HEARINGS

If a caller reaches voicemail during normal business hours and leaves a message, the Judicial Assistant is on another line or away and the caller 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. Thank you for your patience in this matter.

Page 10 | XII. VOICE MAIL

Common questions about Judge Kelly P. Butz's rules

Are courtesy copies required for Judge Kelly P. Butz?

Details: 1 copy, delivery at least 5 days before hearing, by email. Email one copy of the motion being heard and the notice of hearing to the judicial assistant at least five days before the hearing.

View ruleSource: page 2, section I.C.

Does Judge Kelly P. Butz require a pre-motion conference or letter before filing a motion?

A properly noticed hearing is required before a Default Final Judgment motion may be granted in a residential or commercial foreclosure case, unless the judgment is stipulated to by counsel or the parties.

View ruleSource: page 7, section H.

What formatting rules apply to filings before Judge Kelly P. Butz?

Judge Kelly P. Butz's formatting rule includes file format PDF and include all attachments within the same file.. Judge Butz accepts e-mailed copies of the Motion, so long as it is in PDF format and includes all attachments within the same file.

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

What must be included with proposed order filings before Judge Kelly P. Butz?

A proposed order submitted without a hearing must include a copy of the motion.

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

What must be included with hearing scheduling email filings before Judge Kelly P. Butz?

The scheduling email must provide the listed case and hearing details, clear proposed slots with opposing counsel or parties, and use the prescribed explanation if good-faith clearance attempts fail.

View ruleSource: page 2, section I.A. SCHEDULING HEARINGS

How may parties contact Judge Kelly P. Butz's chambers?

Email the judicial assistant to obtain a motion hearing time only after the motion is filed and, if necessary, the case is reopened.

View ruleSource: page 1, section I. SCHEDULING, NOTICING, AND CANCELLING HEARINGS ON REGULAR (MOTIONS) DOCKET

How does Judge Kelly P. Butz handle sealed or redacted filings?

Parties submitting orders must ensure confidential information in filings is redacted or identified for redaction.

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

How do I request an adjournment or extension before Judge Kelly P. Butz?

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

View ruleSource: page 10, section X. JOINT MOTIONS TO CONTINUE TRIAL

Is electronic filing required before Judge Kelly P. Butz?

Electronic filing is permitted for the covered filings. Motion copies may be emailed; if the file is too large, a USB drive or a shared-drive link may be sent, but shared links must be hosted on Microsoft OneDrive.

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

What filing deadlines does Judge Kelly P. Butz set?

The written explanation following an objection must be submitted within five working days.

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

What rule applies to serving the opposing party before Judge Kelly P. Butz?

Details: recipient: the opposing party. The written explanation following an objection must be copied to opposing counsel.

View ruleSource: page 5, section IV. SUBMITTING PROPOSED ORDERS AND OBJECTING TO PROPOSED ORDERS
Complete rules summary for Judge Kelly P. Butz

The written explanation following an objection must be copied to opposing counsel.

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

A proposed order submitted without a hearing must include a copy of the motion.

Email the judicial assistant to obtain a motion hearing time only after the motion is filed and, if necessary, the case is reopened.

After completing the initial scheduling steps, email the judicial assistant at the specified address with the required hearing information.

The scheduling email must provide the listed case and hearing details, clear proposed slots with opposing counsel or parties, and use the prescribed explanation if good-faith clearance attempts fail.

Do not send a notice of hearing until the judicial assistant confirms the hearing date and time.

Email one copy of the motion being heard and the notice of hearing to the judicial assistant at least five days before the hearing.

Motions over 20 pages must be sent to the judicial assistant by mail, express mail, or hand delivery; the assistant will not print documents over 20 pages.

Hard copies may be sent, but do not send the same materials by both email and regular mail.

The motion and attachments must reach the judicial assistant’s office no later than five business days before the hearing, regardless of delivery method.

Do not email evidence to the judicial assistant’s office expecting the office to print it.

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

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

Do not send a hearing notice until the judicial assistant confirms the time; hearing times are first-come, first-served and are not reserved until confirmation is emailed.

A Notice of Hearing must state the hearing location, the pleading being heard, and the hearing duration.

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

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

A person requesting disability accommodation should contact the Court Administrator at least 7 days before the appearance, or immediately if fewer than 7 days remain.

People who are hearing- or voice-impaired may call 711 for assistance.

A cross notice may not be sent without prior court approval and clearance with opposing counsel.

Contact the court by phone or email as soon as you learn that a hearing is no longer needed.

A settlement does not eliminate the obligation to cancel hearings set on the judge’s calendar.

Only the party who set a hearing may cancel it.

Always provide the judge’s office with a Notice of Cancellation so the hearing or trial is removed from the calendar.

Notify the Court as soon as possible whenever the hearing length changes.

Before submitting a proposed order, verify the case number and confirm that the materials are assigned to the correct Civil Division Judge.

Motion copies may be emailed; if the file is too large, a USB drive or a shared-drive link may be sent, but shared links must be hosted on Microsoft OneDrive.

Judge Butz accepts e-mailed copies of the Motion, so long as it is in PDF format and includes all attachments within the same file.

For motions with many attachments, separate attachment files are permitted if they are named sequentially for alphabetical or numerical sorting.

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