Limits & Logistics
Courtesy Copies
Caselaw
- No Later Than 72 Hours Before Hearing Excluding Holidays and Weekends
Emergency Motion
- 1 copy • Email
Communication
Chambers
Phone
Phone
Phone
Chambers
Document Format Requirements4 rules
Then click “Choose File” and select the document you want to submit (document must be in Word .docx format).
- File type
- Word
a. 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 the blanks on the label except “admitted” and “excluded.”
a. 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.
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.
Document Filing Requirements15 rules
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 stated ADA 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.
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.
The location of the hearing must be included in the Notice of 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: 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.
The Notice of Hearing must include the length of time of the entire hearing.
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.
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 e-portal (and copying opposing counsel) within 5 working days.
All proposed orders or judgements being submitted without a hearing must include a copy of the motion in the submission to the Court.
When filing documents containing specified confidential information, file a Notice of Confidential Information identifying where the information appears and its type or applicable provision.
Court's wording
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.
A generic statement disclosing “all discovery in this action” alone, does not comply with this section.
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 05 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual- courtroom-links/polk-family. The link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/ On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Family”, then click “Click here to enter Polk Family division 05 Virtual Courtroom”.
b. Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.
Do not include a certificate of service for the judicial assistant to complete with a proposed order or judgment.
Court's wording
b. Once the proposed order or judgment is signed, it will be e-filed. It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list. Do not include a certificate of service to be completed by the judicial assistant.
Filing & Service rules
Electronic Filing Rules
The instructions direct users to submit proposed orders through the Florida Courts E-Filing Portal.
10TH JUDICIAL CIRCUIT’S INSTRUCTIONS FOR SUBMITTING PROPOSED ORDERS TO FLORIDA COURTS E-FILING PORTAL
Page 1 | E-Filing Steps
A hearing notice must be e-filed within 72 hours of confirmation; failure may result in removal from the docket without further notice.
Failure to e-file a hearing notice within 72 hours of the confirmation may subject your case to be removed from the docket without further notification from the Court.
Page 2 | NOTICE OF HEARINGS
Proposed orders are not accepted by email and must be submitted electronically through CAPS under the applicable administrative order.
a. 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
Submit the written explanation following an objection through the e-portal.
Note that objections must be followed up by a written explanation submitted via e-portal (and copying opposing counsel) within 5 working days.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
A proposed order or judgment will be e-filed once signed.
b. Once the proposed order or judgment is signed, it will be e-filed.
Page 4 | PROPOSED ORDERS AND JUDGMENTS
Filing Timing and Cure Windows
Each party must file its final Expert Witness List at least 45 days before 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>>.
Civil cases
Page 1 | EXPERT WITNESS DISCLOSURE
Each party must file its final Trial Witness List at least 30 days before trial.
Each party shall file and exchange their final Trial Witness List at least thirty (30) days prior to the non-jury trial, specifically on or before >>>, 20>>.
Civil cases
Page 1 | WITNESS DISCLOSURE
Each party must file its final Trial Exhibit List at least 30 days before 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>>.
Civil cases
Page 2 | EXHIBIT DISCLOSURE
Exhibits for a virtual hearing must be provided to the Court, with opposing counsel copied, at least 72 hours before the hearing excluding holidays and weekends, and pre-marked under Administrative Order 5-20.8.
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
Motions and proposed orders for virtual appearances must be received at least 5 days before the 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
The motion being heard and the Notice of Hearing must be emailed within 72 hours of confirmation.
A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to jwitmer@jud10.flcourts.org within 72 hours of the confirmation.
Page 2 | NOTICE OF HEARINGS
Do not send a hearing notice until the judicial assistant confirms the hearing time.
DO NOT SEND OUT A HEARING NOTICE until after you have received confirmation of the hearing time from the judicial assistant.
Page 2 | SCHEDULED HEARINGS
File the hearing notice within 72 hours after confirmation of the hearing time.
You must file a hearing notice within 72 hours of the confirmation.
Page 2 | SCHEDULED HEARINGS
Submit the written explanation and copy opposing counsel within five working days after an objection.
Note that objections must be followed up by a written explanation submitted via e-portal (and copying opposing counsel) within 5 working days.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
Proposed orders are generally held for at least five working days to allow objections, but the judge may waive the hold and 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
Each party must exchange its final Expert Witness List at least 45 days before 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>>.
Civil cases
Page 1 | EXPERT WITNESS DISCLOSURE
Each party must exchange its final Trial Witness List at least 30 days before trial.
Each party shall file and exchange their final Trial Witness List at least thirty (30) days prior to the non-jury trial, specifically on or before >>>, 20>>.
Civil cases
Page 1 | WITNESS DISCLOSURE
The parties must disclose and exchange discovery intended for use as trial exhibits at least 15 days before trial, unless the parties agree to a written extension or the Court orders one.
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>>, unless a written stipulation for an extension of time is otherwise agreed to by the parties or ordered by the Court.
Civil cases
Page 2 | DISCOVERY
Each party must exchange its final Trial Exhibit List at least 30 days before 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>>.
Civil cases
Page 2 | EXHIBIT DISCLOSURE
Each party must exchange copies of all exhibits it intends to use at trial at least 15 days before trial.
No later than fifteen (15) days prior to the Non-jury trial, each party shall exchange copies of any and all exhibits they intend to use at the non-jury trial.
Civil cases
Page 2 | TRIAL EXHIBITS
A person or entity entitled to service of the order and required to participate in e-service must be added as a service recipient in the E-Filing Portal before submission if not already listed.
Please note, if a person or entity is entitled to service of the order, is a person or entity required to participate in e-service, but they are not included as a service recipient in the E-Filing Portal, then that person or entity must be added as a service recipient in the E-Filing Portal prior to submission.
Page 3 | E-Filing Steps
Exhibits for a virtual hearing must be provided to the Court with opposing counsel copied.
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
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 of the signed order or judgment to any party not included on the service list.
b. Once the proposed order or judgment is signed, it will be e-filed. 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
Copy opposing counsel on the written explanation submitted after an objection.
Note that objections must be followed up by a written explanation submitted via e-portal (and copying opposing counsel) within 5 working days.
Page 5 | 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
Discovery requests must be served early enough for the applicable rule 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.
Civil cases
Page 2 | DISCOVERY
The party requiring a court reporter must secure 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.
Civil cases
Page 3 | COURT REPORTER
Prehearing materials should be submitted in electronic format and attached to an email forwarded to jwitmer@jud10.flcourts.org, and copied to all other parties.
Prehearing materials should be submitted in electronic format and attached to an email forwarded to jwitmer@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 under 20 pages, you may provide them via email. If your exhibits are over 20 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 under 20 pages, you may provide them via email. If your exhibits are over 20 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
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
Email a copy of every emergency motion to the Court; filing it with the Clerk’s Office alone is not sufficient to bring it to the Court’s attention.
a. 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
Sealing & Redaction Procedures
Parties submitting orders are responsible for ensuring confidential information in case filings is redacted or identified for redaction.
c. 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.
Page 4 | PROPOSED ORDERS AND JUDGMENTS
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
Civil cases
Page 2 | CONTINUANCES
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.
Civil cases
Page 2 | DISCOVERY
Scheduling conflicts that arise after the date of the Order will not be persuasive grounds for a continuance.
Scheduling conflicts arising after the date of this Order will not be persuasive.
Civil cases
Page 3 | CONTINUANCES
Chambers Communication Rules
After the parties agree on a hearing date and time, request confirmation by email from the judicial assistant before filing the hearing notice; include the specified case and hearing details and all parties on the email.
After all parties have agreed upon a hearing date and time, and PRIOR TO FILING A HEARING NOTICE, you must request confirmation by email from the judicial assistant at jwitmer@jud10.flcourts.org. Such request must include the case number, party names, matter(s) to be heard, state whether its date has been agreed upon, and time required. Please include all parties in the email when requesting confirmation.
Page 1 | SCHEDULED HEARINGS
Email the motion being heard and the Notice of Hearing to the judicial assistant within 72 hours of confirmation.
A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to jwitmer@jud10.flcourts.org within 72 hours of the confirmation.
Page 2 | NOTICE OF HEARINGS
Call the Court promptly when a hearing is to be cancelled, and cancel hearings you set even if the case settles.
c. Please call as soon as you learn that a hearing is to be cancelled. If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.
Page 3 | CANCELLATION OF HEARINGS
If you object to an order, immediately email the Judge’s office at jwitmer@jud10.flcourts.org.
If you object to an order, please contact the Judge’s office immediately via email to jwitmer@jud10.flcourts.org.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
Counsel or an unrepresented party must notify the Court if the case settles.
Counsel or, if unrepresented, the party(ies) shall notify the Court in the event of a settlement.
Civil cases
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.
Civil cases
Page 3 | INTERPRETER
A person with a disability needing accommodation should contact the Office of the Court Administrator at least 7 days before the appearance, or immediately upon receiving the notice if fewer than 7 days remain; hearing- or voice-impaired individuals may call 711.
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. If you are hearing or voice impaired, call 711
Civil cases
Page 3 | Copies furnished
A person needing disability-related assistance should contact the Office of 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 people may use the listed TDD or relay service.
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.
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
Prehearing materials should be submitted in electronic format and attached to an email forwarded to jwitmer@jud10.flcourts.org, and copied to all other parties.
Prehearing materials should be submitted in electronic format and attached to an email forwarded to jwitmer@jud10.flcourts.org, and copied to all other parties.
Civil cases
Page 3 | Submission of Caselaw and Other Prehearing Materials for Virtual Hearings
Do not include the court in electronic communications with other parties coordinating a hearing time.
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 | SCHEDULED HEARINGS
Verify the correct judge with the Clerk’s Office before submitting a motion or proposed order for consideration.
Please verify the correct Judge with the Clerk’s Office prior to submitting the motion/proposed Order for consideration.
Page 5 | PROPOSED ORDERS AND JUDGMENTS
d. As a courtesy, if the length of a hearing changes in any way (for example, a case settles and you know that a long hearing will only take a few minutes rather than an hour), please notify the Court as soon as possible. The remainder of that hearing time may be needed for other hearings.
d. As a courtesy, if the length of a hearing changes in any way (for example, a case settles and you know that a long hearing will only take a few minutes rather than an hour), please notify the Court as soon as possible. The remainder of that hearing time may be needed for other hearings.
Page 3 | CANCELLATION OF HEARINGS