Court Rules

Limits & Logistics

Courtesy Copies

Filings < 20 pages

  • 1 copy • Email

Motion for New Trial, Motion for Rehearing, Motion for Reconsideration

Adjournments

  • Deadline changes require the parties’ agreement and court approval; the Court will consider them upon a showing of good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability are not good cause.
  • Forward joint motions to continue trial to the judge’s office by email for court review.

Request must include

Reason for Request

Communication

Email

Chambers

klindsey@jud10.flcourts.org
SchedulingEmergencies
Phone
(863) 534-4686
Phone

Chambers

Scheduling
Filters:

Document Format Requirements14 rules

FormattingMandatory

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.

Formatting

  • Submit a hard copy of the Motion, Response, and Notice of Hearing
FormattingMandatory

Exhibit labels must substantially follow the stated format with fields for case number, party, exhibit number, admission or exclusion, and date.

Court's wording

The exhibit labels shall be in substantially the following format: Case No. __________________________________________ Party ______________________ Exhibit No. ______________ Admitted__________________ Excluded_________________ Date:_____________________________

FormattingMandatory

Prior to any hearing all documents intended for admission into evidence shall have exhibit identification information pre-marked in a form suitable for receipt into evidence.

FormattingMandatory

Insert single space blank line DONE AND ORDERED in Bartow, Polk County, Florida on DDDD. JJJJ Left justified All caps, no spaces Right Justified 12 spaces/no tab All caps, no spaces

Applies to
  • Proposed order

Formatting

  • Insert a single-space blank line
FormattingSpecificationsForSpecializedICMSCode 0 · p. 1
|SectionFORMATTING SPECIFICATIONS FOR STANDARD JUDGE-ONLY DATE/SIGNATURE BLOCK
FormattingMandatory

Signatures and signature dates are applied to proposed orders received in the Integrated Case Management System (ICMS) via the E-Filing Portal using unique code. Therefore, in lieu of the traditional “DONE AND ORDERED” date line and signature block, proposed orders should include the specialized code instead.

FormattingSpecificationsForSpecializedICMSCode 0 · p. 1
|SectionSPECIALIZED DATE AND SIGNATURE BLOCK CODE FOR USE WHEN SUBMITTING PROPOSED ORDERS THROUGH FLORIDA’S E-FILING PORTAL IN THE TENTH CIRCUIT
FormattingMandatory

In addition to the foregoing, the date line and signature block should not appear on different pages. Further, they should not appear together, but on a page alone by themselves.

FormattingSpecificationsForSpecializedICMSCode 0 · p. 2
|SectionFORMATTING SPECIFICATIONS FOR MAGISTRATE/HEARING OFFICER & JUDGE DATE/SIGNATURE BLOCKS
FormattingMandatory

The magistrate/hearing officer and judge block specifies left-justified text indented 12 spaces without a tab, right-justified all-caps signature codes without spaces, and a single-space blank line around the order section and judge date line.

Court's wording

Left justified All caps, no spaces 12 spaces/no tab The Magistrate recommends entry of an order consistent with this Report. Dated this RRRR, in Bartow, Polk County, Florida. GGGG Insert single space blank line Right justified All caps, no spaces ORDER OF COURT [ORDER BODY] Insert single space blank line DONE AND ORDERED in Bartow, Polk County, Florida on DDDD. JJJJ Left justified All caps, no spaces Right Justified 12 spaces/no tab All caps, no spaces

FormattingSpecificationsForSpecializedICMSCode 0 · p. 2
|SectionFORMATTING SPECIFICATIONS FOR MAGISTRATE/HEARING OFFICER & JUDGE DATE/SIGNATURE BLOCKS
FormattingMandatory

To prevent the date line and signature block from appearing on different pages, the “JJJJ” or “GGGG” should not appear below line 35 or more than 6 ¾ inches from the top margin of a document formatted with 1-inch margins in 12-point type size.

Font size
12 points
Margins
1 inch
FormattingSpecificationsForSpecializedICMSCode 0 · p. 2
|SectionFORMATTING SPECIFICATIONS FOR MAGISTRATE/HEARING OFFICER & JUDGE DATE/SIGNATURE BLOCKS
FormattingImportant

Case law shall be submitted via email in Word format with relevant text/rule of law/holdings highlighted, you can also mail color copies with your hardcopy package.

Formatting

  • Color copies may also be mailed with the hard-copy package
JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
FormattingImportant

Cited materials to be argued in the Summary Judgment package must be tabbed and highlighted.

Formatting

  • Cited materials that will be argued must be tabbed and highlighted

Court's wording

In your Summary Judgment package, you shall provide the Court with all documents that relate to the summary judgment requested or the non-movant’s response, all supporting pleadings, your affidavits, your declarations, your Designation of Specific Facts showing there is a genuine issue for trial, Supporting Factual Positions - Rule 1.510 (c)(1) & (5), cited materials that are tabbed and highlighted that you will be arguing, and copies of relevant discovery/depositions cited in pleadings and Rule 1.510 required documents.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
FormattingImportant

PLEASE DO NOT STAPLE the cover letter, original proposed order, and copies to be

FormattingImportant

Submitting proposed orders via the Portal is preferred, but should the documents exceed 50 pages and are to be mailed in, the packet should be bound together by either a paperclip or binder clip.

Applies to
  • More than 50 pages
FormattingImportant

Also, please do not staple the envelopes to the copies to be conformed. It is quite difficult and time consuming to remove all those staples!

FormattingImportant

Said instructions should be in Word format.

Document Filing Requirements38 rules

Filing RequirementsMandatory

In the alternative, if counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be used: “The above hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 1
|SectionSCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET
Filing RequirementsMandatory

The notice of hearing should also reflect that the hearing will be held virtually and include the virtual information for the hearings.

Filing RequirementsMandatory

Be sure to include the location of the hearing on your Notice of Hearing.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 2
|SectionSCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET
Filing RequirementsMandatory

A properly noticed hearing is required for a foreclosure Default Final Judgment unless it is stipulated, in which case the signed stipulation must accompany the packet and Administrative Order 3-29.2 must still be followed.

Court's wording

The Judge WILL NOT grant any Motions for Default Final Judgment on residential or commercial foreclosure cases without a properly noticed hearing. The only exception to this would be if the Default Final Judgment was stipulated to by counsel/parties. 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 3-29.2(which includes filing and providing a hard copy of a notarized Affidavit of Compliance).

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionSCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS
Filing RequirementsMandatory

The Summary Judgment package must include the specified related documents, pleadings, evidence, factual designations, cited materials, and relevant discovery or depositions.

Court's wording

In your Summary Judgment package, you shall provide the Court with all documents that relate to the summary judgment requested or the non-movant’s response, all supporting pleadings, your affidavits, your declarations, your Designation of Specific Facts showing there is a genuine issue for trial, Supporting Factual Positions - Rule 1.510 (c)(1) & (5), cited materials that are tabbed and highlighted that you will be arguing, and copies of relevant discovery/depositions cited in pleadings and Rule 1.510 required documents.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
Filing RequirementsMandatory

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

The information for the virtual hearing must be included in the Notice of Hearing.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionSCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS
Filing RequirementsMandatory

If you are the movant, please provide a proposed reasons order in Word granting summary judgment.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
Filing RequirementsMandatory

If you are the non-movant, please provide a proposed reasons order in Word denying summary judgment.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
Filing RequirementsMandatory

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

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionSCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS
Filing RequirementsMandatory

A notarized Affidavit of Compliance must be filed and a copy included in the judgment 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.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionSCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS
Filing RequirementsMandatory

In addition, should you object that a fact is not supported by admissible evidence, please provide the Court with your objection/memorandum of law along with your highlighted case law with your Summary Judgment package as set forth above.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
Filing RequirementsMandatory

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

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 3
|SectionCONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
Filing RequirementsMandatory

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

Filing RequirementsMandatory

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

Filing RequirementsMandatory

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

Filing RequirementsMandatory

Note that objections made by phone must be followed up by a written explanation within 5 days, with copy to opposing counsel.

Filing RequirementsMandatory

Only the party who set the hearing may cancel it, and it is that party’s responsibility to notify everyone of the cancellation.

Filing RequirementsMandatory

An Order to Show Cause regarding entry of Summary Judgment must include a final hearing date obtained by email before submission; a packet with a blank date will be returned for correction.

Court's wording

Orders to Show Cause regarding entry of Summary Judgments entry MUST include a final hearing date that is obtained 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 with a memo directing the attorney to email for available dates and resubmit with the date filled in.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

All proposed Orders being submitted without a hearing must include a copy of the motion in the packet submitted by mail or through the Portal.

Filing RequirementsMandatory

Identify the precise location(s) of confidential information within the document, including each page number on which it appears; and

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 5
|SectionOrders and Document’s with Confidential Information/Redacting Information
Filing RequirementsMandatory

If you mail a proposed order you must include a cover letter indicting that said order will be held for (5) working days or that the proposed order is agreed upon.

Filing RequirementsMandatory

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 party.

Filing RequirementsMandatory

For a non-ex-parte emergency motion, the email must include a cover letter stating that the submission was copied to opposing counsel.

Court's wording

Unless the Emergency 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, who may send in a timely response per the procedure of this Judge’s office.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 5
|SectionSUBMITTING EMERGENCY MOTIONS FOR CONSIDERATION
Filing RequirementsMandatory

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

Filing RequirementsMandatory

Identify the type of confidential information or provision that applies to the identified information.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 5
|SectionOrders and Document’s with Confidential Information/Redacting Information
Filing RequirementsMandatory

Any emergency motion submitted for ex parte consideration, should clearly so state.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 5
|SectionSUBMITTING EMERGENCY MOTIONS FOR CONSIDERATION
Filing RequirementsMandatory

File a Notice of Confidential Information when filing documents with Social Security numbers, bank account numbers, or other non-public information;

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 5
|SectionOrders and Document’s with Confidential Information/Redacting Information
Filing RequirementsMandatory

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

Filing RequirementsMandatory

There should be no blanks in the Order for the Judge to fill in.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 6
|SectionMOTION(S) FOR APPOINTMENT OF ATTORNEY AD LITEM
Filing RequirementsMandatory

At such time as you are ready to submit the motion and proposed order to our office, please be sure to include the attorney ad litem’s information (i.e. name, address, phone number) in the order.

JudgeOjeda CircuitCivilDiv7 ProceduresAndGeneralInformation · Oct 2023 · p. 6
|SectionMOTION(S) FOR APPOINTMENT OF ATTORNEY AD LITEM
Filing RequirementsMandatory

To have your case set for trial, you will need to file a Notice for Trial with the Clerk of Court and email or mail a hard copy to this office.

Filing RequirementsMandatory

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

Filing RequirementsImportantCivil cases

List Unrepresented Parties

Include

  • List Unrepresented Parties
Filing RequirementsImportant

Uniform Motion Calendar: Judge Ojeda does not have a UMC Calendar. If a matter is uncontested, you may submit the motion and proposed order to the Judge for review. 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.

Filing RequirementsImportant

NOTE: Not all code is required for proposed orders submitted in the Tenth Judicial Circuit. Typically, only the the signature date and signature of the Judge and, if applicable, signature and signature date of Magistrate or Hearing Officer are required.

Document
Proposed order
Placement
Signature block
FormattingSpecificationsForSpecializedICMSCode 0 · p. 1
|SectionSPECIALIZED DATE AND SIGNATURE BLOCK CODE FOR USE WHEN SUBMITTING PROPOSED ORDERS THROUGH FLORIDA’S E-FILING PORTAL IN THE TENTH CIRCUIT

Filing & Service rules

Electronic Filing Rules

Please do NOT email, mail, and only send proposed orders through the Portal. Please only submit one way to the JA.

Please do NOT email, mail, and only send proposed orders through the Portal. Please only submit one way to the JA.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Portal submission of proposed orders is preferred; a mailed packet exceeding 50 pages should be held together with a paperclip or binder clip.

Submitting proposed orders via the Portal is preferred, but should the documents exceed 50 pages and are to be mailed in, the packet should be bound together by either a paperclip or binder clip.

Page 4 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Filing Timing and Cure Windows

Motions will not be heard after the pretrial conference.

No motions will be heard after pretrial conference.

Civil cases

Page 1 | II. Case Deadlines and Events

Objections to pleadings and pretrial motions must be resolved within 45 days after filing.

The deadline for objections to pleadings and/or pretrial motions to be resolved is 45 days from the filing of such objection or pretrial motion.

Civil cases

Page 1 | II. Case Deadlines and Events

Summary Judgment packages must be forwarded to the office at least 10 days before the hearing.

Summary Judgment packages must be forwarded to our office a minimum of 10 days prior to the hearing.

Page 3 | CONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS

Judgment packets must be forwarded to the office at least 10 days before the hearing.

Judgment packets for this docket shall be forwarded to our office a minimum of 10 days prior to the hearing date.

Page 3 | SCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) 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 4 | MOTIONS IN LIMINE

At least 10 days before the hearing, all parties must submit their relied-on case law and hard copies of the Motion, Response, and Notice of Hearing.

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 4 | MOTIONS IN LIMINE

An objection must be followed by a written explanation within five working days, with a copy to opposing counsel.

Note that objections must be followed up by a written explanation within five (5) working days, with copy to opposing counsel.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

Page 6 | JURY INSTRUCTIONS

Proposed orders are generally held for at least five working days, but the judge may waive the hold when the cover letter states there are no objections.

Orders will generally be held for a minimum of five (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 may waive the hold process and sign the order upon submission to the Court.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Service and Proof of Service Rules

Copies of the transmittal letter and proposed order must be sent to the opposing party.

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 party.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

The submitting party must provide signed-order copies to parties who are not on the portal e-service list.

It will your responsibility to provide copies of the signed order to all parties who are not included on the e-service list through the portal.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

For a non-ex-parte emergency motion, the submission must be copied to the opposing party or counsel.

Unless the Emergency 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, who may send in a timely response per the procedure of this Judge’s office.

Page 5 | SUBMITTING EMERGENCY MOTIONS FOR CONSIDERATION

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

Note that objections must be followed up by a written explanation within five (5) working days, with copy to opposing counsel.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Counsel mailing a proposed order must provide enough copies and stamped envelopes for conformed copies to be mailed to all parties and counsel.

Counsel must include sufficient copies and stamped envelopes to be conformed and mailed out to all parties/counsel.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Motions for new trial or rehearing should be served within 10 days of the applicable verdict or judgment, and reconsideration motions follow the same service procedure.

Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action. You must file the original with the Clerk and email or mail in a courtesy copy to the Judge. If a rehearing is to be held, the judicial assistant will email you available dates and times for you to clear and notice the hearing. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

Page 7 | MOTION(S) FOR REHEARING:

Copies are to be provided to all counsel of record through the e-filing portal.

Copies to all counsel of record via e-filing portal

Civil cases

Page 2 | CERTIFICATE OF SERVICE

The certificate states that the document was filed and served on all parties through the Florida E-Filing Portal, email, or U.S. Mail on that date.

I HEREBY CERTIFY that a copy of the foregoing has been filed and served on all parties via Florida’s E-Filing Portal, electronic mail, or U.S. Mail this date.

Civil cases

Page 2 | CERTIFICATE OF SERVICE

Copies are provided to all counsel of record through the e-filing portal.

Copies provided to all counsel of record via e-filing portal

Civil cases

Page 3

Filing Fees and Waivers

If the required copies and stamped envelopes are not provided, the parties or counsel must obtain copies from the Clerk’s Office and may be subject to applicable fees.

Otherwise, it will be up to the parties/counsel to get copies from the Clerk’s Office, subject to any applicable fees.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Courtesy Copy Requirements

Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action. You must file the original with the Clerk and email or mail in a courtesy copy to the Judge. If a rehearing is to be held, the judicial assistant will email you available dates and times for you to clear and notice the hearing. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action. You must file the original with the Clerk and email or mail in a courtesy copy to the Judge. If a rehearing is to be held, the judicial assistant will email you available dates and times for you to clear and notice the hearing. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

Page 7 | MOTION(S) FOR REHEARING:

A filer may email one copy of the motion with the Notice of Hearing if the motion is fewer than 20 pages.

You may email a copy of the Motion that is being heard with the Notice of Hearing if pages are less then 20 pages.

Page 2 | SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

Sealing & Redaction Procedures

The attorney preparing the proposed order is responsible for ensuring confidential information in filings is redacted or identified for redaction.

Effective July 1, 2021, the attorney who prepares the proposed order will be solely responsible for ensuring any confidential information contained in filings is appropriately redacted or identified for redaction.

Page 5 | Orders and Document’s with Confidential Information/Redacting Information

Pre-Motion Conference Requirements

Clear hearing dates with opposing counsel before filing notices; if a good-faith attempt fails, use the specified explanation.

All hearing date/time slots shall be cleared with opposing counsel prior to notices being filed. In the alternative, if counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be used: “The above hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

Page 1 | SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

An emergency or expedited hearing is set only after the Judge receives and considers an Emergency Motion and directs a hearing; if emergency treatment is denied, the movant may schedule it through the regular process.

Emergency or expedited hearings are only set by the Judge once he has received an Emergency Motion for consideration and directs that an emergency hearing be set on the matter. If the Emergency Motion is denied as an emergency, the attorney/movant may set it during the regular course of business per the Civil Rules of Procedure.

Page 2 | Emergency or expedited hearings

Do not include motions considered for potential cross-notices in the scheduling procedure without prior Court approval.

Cross-Notice: Be sure that any additional motions that have been considered for potential cross notices are not included in the above scheduling procedure without prior approval of the Court.

Page 2 | Cross-Notice

Before scheduling a Motion in Limine hearing, counsel must confer in person or virtually in a substantive, good-faith effort to resolve the motion; exchanging ultimatums by fax, email, or letter does not qualify.

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 3 | MOTIONS IN LIMINE

Adjournment & Extension Requirements

Deadline changes require the parties’ agreement and court approval; the Court will consider them upon a showing of good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability are not good cause.

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Civil Case Management Plan has been approved by the Court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

Civil cases

Page 2 | III. Trial Information

Forward joint motions to continue trial to the judge’s office by email for court review.

Please forward Joint Motion(s) to Continue Trial to the Judge’s office via email for the Court to review.

Page 6 | JOINT MOTION(S) TO CONTINUE TRIAL

Chambers Communication Rules

After clearing a slot or making a good-faith attempt, email back to reserve it; slots are not held unless the Judge directs it.

Once a slot has been cleared (or a good faith attempt has been made) you must send back an email to reserve a particular date/time slot. If you don’t, the hearing will not be reserved or added to the calendar. All available hearing date/time slots are given to anyone attempting to set a hearing. Slots are not “held” unless directed by the Judge.

Page 2 | SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

Call the judge’s office as soon as you learn that a hearing must be canceled.

Please call or email as soon as you learn that the hearing is to be canceled.

Page 4 | CANCELLATION OF HEARINGS

Obtain the final hearing date by email before submitting the Order to Show Cause packet.

Orders to Show Cause regarding entry of Summary Judgments entry MUST include a final hearing date that is obtained by email before submitting the packet for the Judge’s consideration.

Page 4 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Anyone objecting to an order must contact the judge’s office immediately by email or phone.

If you object to an order, please contact the Judge’s office immediately via email or phone.

Page 5 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Email a copy of an emergency motion to the judge’s office.

Please email the Judge’s office a copy of the Emergency Motion to the office.

Page 5 | SUBMITTING EMERGENCY MOTIONS FOR CONSIDERATION

Send joint motions to continue trial to the judge’s office by email for court review.

Please forward Joint Motion(s) to Continue Trial to the Judge’s office via email for the Court to review.

Page 6 | JOINT MOTION(S) TO CONTINUE TRIAL

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

Page 6 | JURY INSTRUCTIONS

To obtain motion-hearing times, email the office and include the case number, style, motion, requested duration, and attorney information.

You may e-mail our office (klindsey@jud10.flcourts.org) to obtain hearing times for a motion hearing. Please include the following information in your email: Case # Style: Motion: Duration Time Requesting: Attorney for Plaintiff: Attorney for Defendant: Attorney requesting hearing:

Page 1 | SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

Hearings involving evidence are in person in Hearing Room 5D-1, and the office should be notified ahead of time if you plan to appear in person.

Any hearings submitting evidence shall be IN PERSON in Hearing Room 5D-1. (please let me know ahead of time, if you plan to appear in person)

Page 2 | SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

Virtual hearings should be scheduled as a virtual hearing when you are clearing your hearing with the Judge’s office and opposing counsel.

Virtual hearings should be scheduled as a virtual hearing when you are clearing your hearing with the Judge’s office and opposing counsel.

Page 2 | Virtual Hearings

When there is no opposing counsel, a residential or commercial foreclosure summary-judgment hearing may be scheduled on the Foreclosure Docket; contact the Judge’s office for available dates.

If there is no opposing counsel, a residential or commercial foreclosure Motion for Summary Judgment hearing may be scheduled on our Foreclosure Docket. Please contact the Judge’s office for available dates.

Page 2 | SCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS

Verify the correct Judge with the Clerk’s Office before submitting a motion or proposed Order packet.

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

Page 4 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

If an attorney intends to object to an order, call the judge’s office to inform it.

If your attorney tells you he/she is going to object to the order, please call and inform the judge’s office.

Page 4 | SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Do not rely on the clerk to send the trial-setting information to the judge’s office.

Do not rely on the clerk to provide our office with the information.

Page 6 | TRIALS

If a trial order does not arrive within a reasonable time, inquire with the judicial assistant.

If you do not receive a trial order within a reasonable time, you should inquire with the judicial assistant.

Page 6 | TRIALS

A person needing an accommodation must 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.

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;

Civil cases

Page 2 | Disability Accommodation Notice

If a rehearing is to be held, the judicial assistant will email available dates and times for the filer to clear and notice the hearing.

Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action. You must file the original with the Clerk and email or mail in a courtesy copy to the Judge. If a rehearing is to be held, the judicial assistant will email you available dates and times for you to clear and notice the hearing. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

Page 7 | MOTION(S) FOR REHEARING:

If you reach voicemail when calling the office during normal business hours, you may leave a message and should expect a timely return call.

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 with a customer or away from her desk. Accordingly, if you leave a voice mail message, you should expect to receive a return phone call in a timely fashion.

Page 7 | VOICE MAIL

People who are hearing or voice impaired should call 711.

if you are hearing or voice impaired, call 711.

Civil cases

Page 2 | Disability Accommodation Notice

Filers should contact the individual judge’s office to learn any additional preferences for submitting proposed orders through the E-Filing Portal.

Filers should contact the individual judge’s office to determine any additional preferences for the submission of proposed orders through the E-Filing Portal.

Page 1 | SPECIALIZED DATE AND SIGNATURE BLOCK CODE FOR USE WHEN SUBMITTING PROPOSED ORDERS THROUGH FLORIDA’S E-FILING PORTAL IN THE TENTH CIRCUIT

Common questions about Judge Reinaldo Ojeda's rules

Are courtesy copies required for Judge Reinaldo Ojeda?

Courtesy-copy rule applies for motion for new trials, motion for rehearings, and motion for reconsiderations. Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action. You must file the original with the Clerk and email or mail in a courtesy copy to the Judge.

View ruleSource: page 7, section MOTION(S) FOR REHEARING:

Does Judge Reinaldo Ojeda require a pre-motion conference or letter before filing a motion?

Clear hearing dates with opposing counsel before filing notices; if a good-faith attempt fails, use the specified explanation.

View ruleSource: page 1, section SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

What formatting rules apply to filings before Judge Reinaldo Ojeda?

Judge Reinaldo Ojeda's formatting rule includes use substantially the specified exhibit-label format, including fields for case number, party, exhibit number, admitted, excluded, and date.. Exhibit labels must substantially follow the stated format with fields for case number, party, exhibit number, admission or exclusion, and date.

View ruleSource: page 6, section MARKING TRIAL EXHIBITS

What must be included with order to show cause filings before Judge Reinaldo Ojeda?

An Order to Show Cause regarding entry of Summary Judgment must include a final hearing date obtained by email before submission; a packet with a blank date will be returned for correction.

View ruleSource: page 4, section SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

What must be included with notice of hearing filings before Judge Reinaldo Ojeda?

If counsel cannot clear a hearing date with opposing counsel despite a good-faith attempt, the notice must include the specified statement and factual explanation.

View ruleSource: page 1, section SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

How may parties contact Judge Reinaldo Ojeda's chambers?

After clearing a slot or making a good-faith attempt, email back to reserve it; slots are not held unless the Judge directs it.

View ruleSource: page 2, section SCHEDULING HEARINGS ON REGULAR (MOTIONS) DOCKET

How does Judge Reinaldo Ojeda handle sealed or redacted filings?

The attorney preparing the proposed order is responsible for ensuring confidential information in filings is redacted or identified for redaction.

View ruleSource: page 5, section Orders and Document’s with Confidential Information/Redacting Information

How do I request an adjournment or extension before Judge Reinaldo Ojeda?

The request must include reason for request. Deadline changes require the parties’ agreement and court approval; the Court will consider them upon a showing of good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability are not good cause.

View ruleSource: page 2, section III. Trial Information

Is electronic filing required before Judge Reinaldo Ojeda?

Yes. Electronic filing is required for the covered filings. Please do NOT email, mail, and only send proposed orders through the Portal. Please only submit one way to the JA.

View ruleSource: page 5, section SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

Are filing fees or waivers addressed before Judge Reinaldo Ojeda?

If the required copies and stamped envelopes are not provided, the parties or counsel must obtain copies from the Clerk’s Office and may be subject to applicable fees.

View ruleSource: page 5, section SUBMITTING PROPOSED ORDERS FOR CONSIDERATION

What filing deadlines does Judge Reinaldo Ojeda set?

Objections to pleadings and pretrial motions must be resolved within 45 days after filing.

View ruleSource: page 1, section II. Case Deadlines and Events

What rule applies to serving the opposing party before Judge Reinaldo Ojeda?

Details: recipient: the opposing party. Copies of the transmittal letter and proposed order must be sent to the opposing party.

View ruleSource: page 5, section SUBMITTING PROPOSED ORDERS FOR CONSIDERATION
Complete rules summary for Judge Reinaldo Ojeda

Copies are provided to all counsel of record through the e-filing portal.

Objections to pleadings and pretrial motions must be resolved within 45 days after filing.

Motions will not be heard after the pretrial conference.

Deadline changes require the parties’ agreement and court approval; the Court will consider them upon a showing of good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability are not good cause.

The order form directs the drafter to list unrepresented parties.

Verify the correct Judge with the Clerk’s Office before submitting a motion or proposed Order packet.

An Order to Show Cause regarding entry of Summary Judgment must include a final hearing date obtained by email before submission; a packet with a blank date will be returned for correction.

To obtain motion-hearing times, email the office and include the case number, style, motion, requested duration, and attorney information.

Clear hearing dates with opposing counsel before filing notices; if a good-faith attempt fails, use the specified explanation.

If counsel cannot clear a hearing date with opposing counsel despite a good-faith attempt, the notice must include the specified statement and factual explanation.

After clearing a slot or making a good-faith attempt, email back to reserve it; slots are not held unless the Judge directs it.

A filer may email one copy of the motion with the Notice of Hearing if the motion is fewer than 20 pages.

The Notice of Hearing must state the hearing location.

For an uncontested matter, the motion and proposed order may be submitted to the Judge for review, and the motion should identify the matter as uncontested.

An emergency or expedited hearing is set only after the Judge receives and considers an Emergency Motion and directs a hearing; if emergency treatment is denied, the movant may schedule it through the regular process.

Do not include motions considered for potential cross-notices in the scheduling procedure without prior Court approval.

Virtual hearings should be scheduled as a virtual hearing when you are clearing your hearing with the Judge’s office and opposing counsel.

The notice of hearing should also reflect that the hearing will be held virtually and include the virtual information for the hearings.

Hearings involving evidence are in person in Hearing Room 5D-1, and the office should be notified ahead of time if you plan to appear in person.

When there is no opposing counsel, a residential or commercial foreclosure summary-judgment hearing may be scheduled on the Foreclosure Docket; contact the Judge’s office for available dates.

The Notice of Hearing must include the virtual hearing information.

Judgment packets must be forwarded to the office at least 10 days before the hearing.

A notarized Affidavit of Compliance must be filed and a copy included in the judgment packet.

File original documents with the Clerk of Courts and do not include them in the packet.

A properly noticed hearing is required for a foreclosure Default Final Judgment unless it is stipulated, in which case the signed stipulation must accompany the packet and Administrative Order 3-29.2 must still be followed.

Summary Judgment packages must be forwarded to the office at least 10 days before the hearing.

Case law shall be submitted via email in Word format with relevant text/rule of law/holdings highlighted, you can also mail color copies with your hardcopy package.

If objecting that a fact lacks admissible evidentiary support, include the objection or memorandum of law and highlighted case law with the Summary Judgment package.

The Summary Judgment package must include the specified related documents, pleadings, evidence, factual designations, cited materials, and relevant discovery or depositions.

Cited materials to be argued in the Summary Judgment package must be tabbed and highlighted.

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