Court Rules

Limits & Logistics

Courtesy Copies

Case Law, Memorandum of Law

Adjournments

3Business Daysnotice
  • 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.

Communication

Email

Chambers

ballbritton@jud10.flcourts.org
Scheduling
Email
courtinterpreters@jud10.flcourts.org
Phone

Chambers

863-534-4149
Phone
863-534-4686
Phone
863-534-7700
Email
Scheduling
Filters:

Document Format Requirements2 rules

FormattingMandatory

Order(s) that are not properly formatted will be automatically rejected by the Court.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 5
|SectionD. Submission of Motions and proposed Orders
FormattingMandatory

Courtesy copies must be submitted in PDF format.

File type
PDF
Applies to
  • Courtesy copy
JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 6
|SectionE. Memorandums and Courtesy Copies of Case Law

Document Filing Requirements11 rules

Filing RequirementsMandatory

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.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 2
|SectionA. Communications with the Judicial Office
Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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
Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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
Filing RequirementsMandatory

All motions must state opposing counsel’s objection or lack of objection.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 5
|SectionD. Submission of Motions and proposed Orders
Filing RequirementsMandatory

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.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 5
|SectionD. Submission of Motions and proposed Orders
Filing RequirementsMandatory

A party seeking an emergency hearing must file a detailed motion stating the issues, why an emergency hearing is necessary, and the time each party needs to present.

Court's wording

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.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 6
|SectionF. Emergency and other Urgent Matters
Filing RequirementsMandatory

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.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 7
|SectionH. Early Termination of Probation
Filing RequirementsMandatory

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.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 7
|SectionH. Early Termination of Probation
Filing RequirementsImportant

The Court may require a memorandum for sentencing after trial, open pleas to the Court, and upon formal request of the Court.

JudgeCarpanini PracticesAndProcedures F2 · Jun 2021 · p. 6
|SectionE. Memorandums and Courtesy Copies of Case Law

Filing & Service rules

Filing Timing and Cure Windows

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.

Page 2 | B. Scheduling Procedures

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.

Page 2 | B. Scheduling Procedures

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.

Page 2 | B. Scheduling Procedures

Submit the motion and proposed order for a remote appearance no later than three business days before the scheduled hearing; otherwise, 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.

Page 3 | C. Court Appearances

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.

Page 3 | B. Scheduling Procedures

Submit the agreed motion and proposed order by 1:00 p.m. three business days before the scheduled 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.

Page 3 | B. Scheduling Procedures

Proposed orders are due no later than 10 days after a hearing unless the Court directs otherwise.

Proposed orders must be submitted no later than ten (10) days after any hearing unless otherwise directed by the Court.

Page 6 | D. Submission of Motions and proposed Orders

Memorandums and courtesy copies must be submitted no later than 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.

Page 6 | E. Memorandums and Courtesy Copies of Case Law

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.

Page 7 | H. Early Termination of Probation

Service and Proof of Service Rules

Upon confirmation from the Judicial Assistant, 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.

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.

Page 2 | A. Communications with the Judicial Office

Immediately 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.

Page 2 | B. Scheduling Procedures

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.

Page 3 | B. Scheduling Procedures

Counsel for the Defendant must sign the Waiver of Status Conference and serve it 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.

Page 3 | B. Scheduling Procedures

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.

Page 3 | B. Scheduling Procedures

Courtesy Copy Requirements

Counsel may send courtesy copies of case law or memorandums of law on any matter counsel finds appropriate.

Counsel may send courtesy copies of Case Law or Memorandums of Law on any matter counsel finds appropriate.

Page 6 | E. Memorandums and Courtesy Copies of Case Law

Adjournment & Extension Requirements

Continuances are disfavored and require good cause; successive requests are highly disfavored, lack of due diligence is not grounds, and the requesting party must sign the motion absent good cause.

Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance. 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).

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.

Page 3 | B. Scheduling Procedures

Chambers Communication Rules

Notify the Judicial Assistant immediately when canceling a hearing.

You must cancel hearings by notifying the Judicial Assistant immediately.

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.

Page 2 | B. Scheduling Procedures

To obtain hearing times, email the Judicial Assistant with the case number, Defendant’s name, matters to be heard, and time required.

E-mail the Judicial Assistant at, BAllbritton@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.

Page 2 | B. Scheduling Procedures

All parties must be copied on emails to the judicial office unless the law authorizes ex parte communication.

All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

Page 2 | A. Communications with the Judicial Office

Communications to the judicial office must be emailed to the judicial assistant, and the subject line must identify the case number, case name, and relevant matter.

Communications to the judicial office must be submitted by e-mail to Brinna Allbritton, Judicial Assistant at BAllbritton@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).

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.

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.

Page 6 | F. Emergency and other Urgent Matters

Memorandums and courtesy copies of case law must be emailed 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 BAllbritton@Jud10.FLCourts.org.

Page 6 | E. Memorandums and Courtesy Copies of Case Law

Email the completed form to Judicial Assistant Brinna Allbritton at the stated address.

E-mail completed form to Brinna Allbritton, JA to Judge Mark Carpanini at BAllbritton@jud10.flcourts.org

Page 11

Represented parties 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.

Page 1 | Judicial Practices and Procedures

Parties may contact the judicial office only as permitted by these procedures, 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.

Page 2 | A. Communications with the Judicial Office

Do not contact the judicial office by text message; it does not accept texts.

The judicial office does not accept text messages.

Page 2 | A. Communications with the Judicial Office

Hearing times provided by the Judicial Assistant are not held while the parties coordinate.

The hearing times provided are not held while the attempt is being made to coordinate with opposing counsel/party.

Page 2 | B. Scheduling Procedures

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.

Page 2 | B. Scheduling Procedures

Criminal proceedings are conducted in person unless counsel provides otherwise notice or the judge approves another arrangement.

Pursuant to Administrative Order 1-60.0, (subject to change) effective June 21, 2021, criminal proceedings will be conducted in-person unless otherwise notified by counsel and/or approved by the judge.

Page 3 | C. Court Appearances

People who are hearing or voice impaired should call 711.

if you are hearing or voice impaired, call 711.

Page 7 | I. Other Division 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.

Page 2 | A. Communications with the Judicial Office

The judicial assistant aims to respond substantively to inquiries within one business day, or acknowledge receipt and provide an expected response time or alternate contact; the assistant cannot provide legal advice.

The judicial assistant strives to substantively respond to all inquiries within one business day. If the judicial assistant is unable to substantively respond within one business day, your message will be acknowledged as received with an indication of when to expect a substantive response or an alternate contact for immediate assistance. The judicial assistant is not authorized to provide legal advice.

Page 2 | A. Communications with the Judicial Office

For interpreter requests, the interpreter’s office may be contacted by email at the stated address.

or via e-mail at CourtInterpreters@jud10.flcourts.org.

Page 7 | I. Other Division Procedures

For interpreter requests, the interpreter’s office may be contacted by telephone at the stated number.

You can contact the interpreter’s office via telephone at 863-534-7700

Page 7 | I. Other Division Procedures

Contact the Office of the Court Administrator about ADA accommodations at least 7 days before the appearance, or immediately upon receiving the court-date notification if fewer than 7 days remain.

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;

Page 7 | I. Other Division Procedures

Common questions about Judge Mark F. Carpanini's rules

Are courtesy copies required for Judge Mark F. Carpanini?

Courtesy-copy rule applies for case laws and memorandum of laws. Counsel may send courtesy copies of case law or memorandums of law on any matter counsel finds appropriate.

View ruleSource: page 6, section E. Memorandums and Courtesy Copies of Case Law

What formatting rules apply to filings before Judge Mark F. Carpanini?

Judge Mark F. Carpanini's formatting rule includes file format PDF. Courtesy copies must be submitted in PDF format.

View ruleSource: page 6, section E. Memorandums and Courtesy Copies of Case Law

What must be included with form 2.603 filings before Judge Mark F. Carpanini?

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their email account for electronic service changes.

View ruleSource: page 2, section A. Communications with the Judicial Office

What must be included with notice of hearing filings before Judge Mark F. Carpanini?

Every Notice of Hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

View ruleSource: page 2, section B. Scheduling Procedures

How may parties contact Judge Mark F. Carpanini's chambers?

The rule lists email BAllbritton@Jud10.FLCourts.org. Communications to the judicial office must be emailed to the judicial assistant, and the subject line must identify the case number, case name, and relevant matter.

View ruleSource: page 2, section A. Communications with the Judicial Office

How do I request an adjournment or extension before Judge Mark F. Carpanini?

Continuances are disfavored and require good cause; successive requests are highly disfavored, lack of due diligence is not grounds, and the requesting party must sign the motion absent good cause.

View ruleSource: page 2, section B. Scheduling Procedures

What filing deadlines does Judge Mark F. Carpanini set?

After the Judicial Assistant confirms the hearing, the scheduling party must file and immediately serve a Notice of Hearing.

View ruleSource: page 2, section B. Scheduling Procedures

What rule applies to service by email before Judge Mark F. Carpanini?

Details: method: service by email. Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

View ruleSource: page 2, section A. Communications with the Judicial Office
Complete rules summary for Judge Mark F. Carpanini

Represented parties must direct questions and concerns to their attorney.

Communications to the judicial office must be emailed to the judicial assistant, and the subject line must identify the case number, case name, and relevant matter.

The judicial office may be contacted by telephone when necessary and may request a follow-up email.

Do not contact the judicial office by text message; it does not accept texts.

All parties must be copied on emails to the judicial office unless the law authorizes ex parte communication.

Parties may contact the judicial office only as permitted by these procedures, and the court will not consider unsolicited communications from non-parties.

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their email account for electronic service changes.

The judicial assistant aims to respond substantively to inquiries within one business day, or acknowledge receipt and provide an expected response time or alternate contact; the assistant cannot provide legal advice.

To obtain hearing times, email the Judicial Assistant with the case number, Defendant’s name, matters to be heard, and time required.

Do not include the Judicial Assistant in electronic communications with other parties about coordinating a hearing.

Hearing times provided by the Judicial Assistant are not held while the parties coordinate.

Email the judicial office to confirm and reserve the court date before submitting the Notice of Hearing.

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.

The scheduling party must send the Judicial Assistant a copy of the Notice of Hearing.

Every Notice of Hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Notify the Judicial Assistant immediately when canceling a hearing.

Immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

Immediately serve a notice of cancellation on opposing counsel and any self-represented litigant.

The Court must receive all hearing materials at least three business days before the hearing.

Continuances are disfavored and require good cause; successive requests are highly disfavored, lack of due diligence is not grounds, and the requesting party must sign the motion absent good cause.

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.

The agreed motion to continue a pretrial conference or arraignment must be submitted with a proposed order.

Submit the agreed motion and proposed order by 1:00 p.m. three business days before the scheduled hearing.

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.

Counsel for the Defendant must sign the Waiver of Status Conference and serve it on the assigned State attorney and the assigned judge’s Judicial Assistant.

Do not add the Judicial Assistant to the e-service list; serve the Judicial Assistant by separate email.

File and serve the Waiver of Status Conference by close of business two business days before the scheduled status conference.

Serve the Waiver of Status Conference by close of business two business days before the scheduled status conference.

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