Limits & Logistics
Courtesy Copies
Courtesy copies
- No Later Than 72 Hours Before Hearing Excluding Holidays and Weekends
Communication
Chambers
Phone
Phone
Phone
Chambers
Document Format Requirements3 rules
If any exhibits are to be introduced during the hearing, they must be pre- marked as per Administrative Order 5-20.8 and example below. The party submitting the exhibit shall fill in all blanks on the label except “admitted” and “excluded.”
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.
c. Each submitted item should be submitted as a separate attachment with a file name including the case number and a brief description clearly delineating the nature of the item. Example: “00DR00000 Husb Prop Fin Judg.”
Document Filing Requirements23 rules
Each party shall file and exchange their final Trial Witness List
Each party shall file and exchange their final Expert Witness List
The parties must have all discovery completed, including all depositions, and the parties must disclose and exchange all discovery intended to be used as exhibits at trial
Each party shall file and exchange their final Trial Exhibit List
All contested evidentiary hearings are scheduled as IN-PERSON hearings. All participants MUST appear in person unless there is a signed order granting a virtual appearance for each hearing.
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 5B-1 (Fifth Floor, Red Elevators)
The Notice of Hearing must include the length of time of the entire hearing.
All notices of hearing and orders setting 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: 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, (863) 534-4686, 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 TDD (863) 534-7777 or Florida Relay Service 711.
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.
If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.
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 any pro se party.
Effective July 1, 2021, parties submitting orders are solely responsible for ensuring any confidential information contained in filings in these cases is appropriately redacted or identified for redaction.
Do not include a certificate of service to be completed by the judicial assistant.
When filing documents containing Social Security numbers, bank account numbers, or other non-public information in the specified court cases, parties submitting an order must file a Notice of Confidential Information identifying each location and page and the type of confidential information or applicable provision.
Court's wording
All parties submitting an order, including attorneys and self-represented litigants, will be required to file a Notice of Confidential Information in circuit civil, county civil and small claims court cases when filing documents with Social Security numbers, bank account numbers, or other non-public information; identify the precise location(s) of confidential information within the document, including each page number on which it appears; and identify the type of confidential information or provision that applies to the identified information.
All proposed orders or judgments being submitted without a hearing must include a copy of the motion in the submission to the Court.
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.
Note that objections must be followed up by a written explanation submitted via the e-portal (and copying opposing counsel) within 5 working days.
Requests for virtual appearances at a contested evidentiary hearing must be made by written motion identifying the basis for the request and which participant needs to appear virtually.
All notices of hearing and orders setting hearing must include the specified ADA accommodation notice.
Court's wording
The following ADA Notice must be included in all notices of hearing or orders setting hearing: i. 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, (863) 534-4686, 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 TDD (863) 534-7777 or Florida Relay Service 711.
A notice of hearing or order setting hearing must include a link to the Polk Family Division 13 Virtual Courtroom.
Court's wording
A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information: i. A link to the “Polk Family Division 13 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual-courtroom-links/polk-family.
Exhibits to be introduced during a virtual hearing must be pre-marked as required by Administrative Order 5-20.8.
Court's wording
If any exhibits are to be introduced during the virtual hearing, they must be provided to the Court (copying opposing counsel) at least 72 hours in advance of the hearing (excluding holidays and weekends), and pre- marked as per Administrative Order 5-20.8.
A generic statement disclosing “all discovery in this action” alone, does not comply with this section.
Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.
Filing & Service rules
Electronic Filing Rules
Proposed orders are not accepted by email; follow the applicable Administrative Order for electronic submission through CAPS.
Proposed orders will no longer be accepted by email. Refer to Administrative Order No.1-61.1 (or any subsequently entered Administrative Orders) relating to Uniform Procedures and Requirements for Electronically Submitting Proposed Orders Through CAPS.
Page 4 | PROPOSED ORDERS AND JUDGMENTS
The required written explanation must be submitted electronically 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 | PROPOSED ORDERS AND JUDGMENTS
b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.
b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
If your exhibits are over 50 pages or contain audio-video evidence, please provide them via hard copy (US mail, express mail, or hand delivery to the mailroom).
If your exhibits are over 50 pages or contain audio-video evidence, please provide them via hard copy (US mail, express mail, or hand delivery to the mailroom).
Civil cases
Page 4 | EVIDENCE FOR VIRTUAL HEARINGS
Exhibits under 50 pages may be provided by email.
If your exhibits are under 50 pages, you may provide them via email.
Civil cases
Page 4 | EVIDENCE FOR VIRTUAL HEARINGS
Filing Timing and Cure Windows
The final Trial Witness List must be filed and exchanged at least 30 days before the non-jury trial.
Each party shall file and exchange their final Trial Exhibit List at least thirty (30) days prior to the non-jury trial, specifically on or before >>>, 20>>.
Page 1 | WITNESS DISCLOSURE
The final Expert Witness List must be filed and exchanged at least 45 days before the non-jury trial.
Each party shall file and exchange their final Expert Witness List at least forty-five (45) days prior to the non- jury trial, specifically on or before >>>>, 20>>.
Page 1 | EXPERT WITNESS DISCLOSURE
Discovery, including depositions and disclosure and exchange of intended trial exhibits, must be completed no later than 15 days before the non-jury trial.
The parties must have all discovery completed, including all depositions, and the parties must disclose and exchange all discovery intended to be used as exhibits at trial no later than fifteen (15) days prior to the non-jury trial, specifically on or before >>>>, 20>>
Page 2 | DISCOVERY
The final Trial Exhibit List must be filed and exchanged at least 30 days before the non-jury trial.
Each party shall file and exchange their final Trial Exhibit List at least thirty (30) days prior to the non-jury trial, specifically on or before >>>, 20>>.
Page 2 | EXHIBIT DISCLOSURE
Motions and proposed orders for virtual appearances must be received at least 5 days before the scheduled hearing.
All motions and proposed orders for virtual appearances must be received no later than 5 days prior to the scheduled hearing date.
Page 1 | IN PERSON HEARINGS
Do not send a hearing notice before receiving the judicial assistant's confirmation; hearing times are first come, first served and are not reserved until the confirmation email is sent.
Do not send out a 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 serve basis and hearing times are not reserved until the confirmation email is sent.
Page 2 | SCHEDULING HEARINGS
The motion being heard and Notice of Hearing must be emailed at least 10 days before the hearing.
A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to mfreeman@jud10.flcourts.org at least 10 days in advance of the hearings.
Page 2 | NOTICE OF HEARINGS
The written explanation and copy to opposing counsel are due within 5 working days after an objection.
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 | PROPOSED ORDERS AND JUDGMENTS
Exhibits for a virtual hearing must be provided to the Court at least 72 hours before the hearing, excluding holidays and weekends.
If any exhibits are to be introduced during the virtual hearing, they must be provided to the Court (copying opposing counsel) at least 72 hours in advance of the hearing (excluding holidays and weekends), and pre- marked as per Administrative Order 5-20.8.
Civil cases
Page 4 | EVIDENCE FOR VIRTUAL HEARINGS
Orders are generally held for at least 5 working days to allow objections, but the Judge will waive the hold and may sign upon submission 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.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
Service and Proof of Service Rules
A party requiring a court reporter must arrange one and notify the opposing party 48 hours before trial.
The party requiring a court reporter shall secure same and notify the opposing party forty-eight (48) hours prior to the Trial.
Page 3 | COURT REPORTER
A party setting a case for hearing must provide a Notice of Hearing to the Court and all other parties.
A party calling a case up for hearing must provide to the Court and all other parties a Notice of Hearing.
Page 2 | NOTICE OF HEARINGS
The submitting party or counsel must provide copies to any party omitted from the service list.
It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list.
Page 4 | PROPOSED ORDERS AND JUDGMENTS
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.
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.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
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.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
A party calling a case up for hearing should provide the notice of hearing or order setting hearing to the Court and all other parties.
A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information:
Civil cases
Page 2 | NOTICING VIRTUAL HEARINGS
When providing virtual-hearing exhibits to the Court, copy opposing counsel.
If any exhibits are to be introduced during the virtual hearing, they must be provided to the Court (copying opposing counsel) at least 72 hours in advance of the hearing (excluding holidays and weekends), and pre- marked as per Administrative Order 5-20.8.
Civil cases
Page 4 | EVIDENCE FOR VIRTUAL HEARINGS
Discovery requests must be served early enough to allow a response before the discovery deadline.
Please be advised that discovery requests must be timely served so that the applicable rule allows for a response prior to the discovery deadline.
Page 2 | DISCOVERY
b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.
b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
Courtesy Copy Requirements
All parties must submit courtesy copies of caselaw to the Court no later than 72 hours before a hearing, excluding holidays and weekends.
No later than 72 hours in advance of any hearing (excluding holidays and weekends), all parties must submit to the court courtesy copies of caselaw
Civil cases
Page 2 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
Adjournment & Extension Requirements
Be advised that the Non-Jury Trial will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel
Be advised that the Non-Jury Trial will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel
Page 2 | CONTINUANCES
A hearing scheduled for 2 hours or more may be canceled only with the mutual consent of the parties or their counsel and the Court's approval.
All hearings scheduled for 2 hours or more may not be canceled without the mutual consent of the parties, or their counsels, and approval of the Court.
Page 2 | CANCELLATION OF HEARINGS
An extension of the discovery deadline requires a written stipulation agreed to by the parties or an order of the Court.
unless a written stipulation for an extension of time is otherwise agreed to by the parties or ordered by the Court.
Page 2 | DISCOVERY
Scheduling conflicts arising after the order date will not be persuasive grounds for a continuance.
Scheduling conflicts arising after the date of this Order will not be persuasive.
Page 3 | CONTINUANCES
Chambers Communication Rules
Counsel or an unrepresented party must notify the Court of a settlement, and the matter remains on the trial docket unless the Court issues a written order removing it.
Counsel or, if unrepresented, the party(ies) shall notify the Court in the event of a settlement. A matter shall be removed from the trial docket only upon the Court’s written order.
Page 2 | SETTLEMENT
A party requiring an interpreter must notify the Court before the pretrial conference.
If either of the parties requires an interpreter, the party requiring the interpreter shall notify the Court prior to the pretrial conference to enable the Court to comply with Florida Rule of Appellate Procedure 2.560.
Page 3 | INTERPRETER
Do not include the court in electronic communications with other parties coordinating hearing times.
After obtaining available hearing times, do not include the court in any electronic communications with other parties relating to the coordination of hearing time.
Page 1 | SCHEDULING HEARINGS
After all parties have agreed upon a hearing date and time, email the judicial assistant with the agreed upon date and time, along with the time ach party will require to present his or her position during the hearing. You must send back an email to reserve a particular hearing date/time.
After all parties have agreed upon a hearing date and time, email the judicial assistant with the agreed upon date and time, along with the time ach party will require to present his or her position during the hearing. You must send back an email to reserve a particular hearing date/time.
Page 1 | SCHEDULING HEARINGS
Email a copy of the motion being heard and the Notice of Hearing to the judicial assistant at least 10 days before the hearing.
A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to mfreeman@jud10.flcourts.org at least 10 days in advance of the hearings.
Page 2 | NOTICE OF HEARINGS
Call the Court as soon as you learn that a hearing is to be canceled.
Please call as soon as you learn that a hearing is to be canceled.
Page 3 | CANCELLATION OF HEARINGS
Email the Court a copy of any emergency motion; filing it only with the Clerk’s Office will not bring it to the Court’s attention.
Please email a copy of any emergency motion to the Court. Simply filing an emergency motion with the Clerk’s Office will NOT bring the motion to the attention of the Court.
Page 3 | EMERGENCY MOTIONS
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.
Page 4 | PROPOSED ORDERS AND JUDGMENTS
If you object to an order, please contact the Judge’s office immediately via email to mfreeman@jud10.flcourts.org.
If you object to an order, please contact the Judge’s office immediately via email to mfreeman@jud10.flcourts.org.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
A person needing disability accommodation should contact the Office of the Court Administrator at least 7 days before the court appearance, or immediately upon receiving notice if fewer than 7 days remain.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days.
Page 3 | ORDER SETTING NON-JURY TRIAL
Hearing time may be requested by email to the judicial assistant; the request must include the case number, party names, matters, and time required, and the scheduling party must contact the other parties to determine their required time.
Hearing time may be obtained by email to the judicial assistant at mfreeman@jud10.flcourts.org. Such request must include the case number, party names, matter(s) to be heard, and time required. The party scheduling a hearing is responsible for contacting all other parties to determine how much time each party will require.
Page 1 | SCHEDULING HEARINGS
As a courtesy, notify the Court as soon as possible if a hearing’s length changes.
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.
Page 3 | CANCELLATION OF HEARINGS
A person seeking disability accommodation should contact the Court Administrator at least 7 days before the appearance, or immediately upon receiving notice if fewer than 7 days remain; hearing- or voice-impaired persons may use the listed TDD or relay options.
Please contact the Office of the Court Administrator, (863) 534-4686, 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 TDD (863) 534-7777 or Florida Relay Service 711.
Civil cases
Page 2 | NOTICING VIRTUAL HEARINGS
Contact the court before transmitting prehearing materials by a method other than email.
d. Please contact the court before using a method other than email to transmit prehearing materials
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
People who are hearing or voice impaired are instructed to call 711.
If you are hearing or voice impaired, call 711.
Page 3 | ORDER SETTING NON-JURY TRIAL
The parties or their counsel will receive electronic confirmation from the Court of the hearing date and time.
The parties, or counsel for the parties, will receive electronic confirmation from the Court of the hearing date and time.
Page 2 | SCHEDULING HEARINGS