Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Filing Rules

Every proposed guardian except the public guardian must file an application signed by the proposed guardian under penalties of perjury.

Check each survivor-status statement that applies.

Proposed Agreed Orders being submitted without a prior hearing should be submitted with a cover letter and motion that clearly indicates that the order is agreed to as to substance and form. The title of the Order should include the term “Agreed”.

Motions must follow the specified caption rule, place the assigned section number beneath the case number, and use a title that states the motion’s purpose.

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

If represented, contact your attorney directly with questions or concerns.

Represented individuals must direct questions and concerns to their attorney.

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

Represented parties must direct questions and concerns to their attorney.

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

The completed preapproved Civil Case Management Plan must be filed at the same time as the civil cover sheet, complaint, and summonses.

A case number must be available to the judicial assistant before the assistant generates the name of the attorney to be appointed.

Hearing times may be obtained after the motion is filed and, if the case was closed, after it is reopened.

After the Judicial Assistant confirms the hearing, the scheduling party must file the Notice of Hearing.

Reasonable time for motions or pleadings is at least five business days unless the judge finds emergency status.

You must provide formal notice of filed documents to all interested parties.

A copy of the objection and alternative proposed order must be provided to all other parties.

Each party must exchange its final Expert Witness List at least 45 days before trial.

When an emergency or expedited motion is filed, the moving party must serve a copy on the judge, counsel, and involved unrepresented parties.

Next of kin and other interested persons must be served with the petition for appointment of guardian.

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.

Non-evidentiary hearings scheduled for less than 30 minutes may be held virtually through Microsoft Teams.

Contested evidentiary hearings lasting 30 minutes or longer are scheduled in person.

Hearings must take place in the courtroom and be noticed that way unless the court orders a remote appearance under Fla. R. Crim. P. 3.116.

The certificate of service and associated distribution list are generally not preferred for proposed orders.

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

Proposed orders for the listed matters must be submitted by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes.

All motions, along with supporting documentation, should be e-filed or, for pro se parties, delivered to the Clerk’s office.

b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.

A hearing notice must be e-filed within 72 hours of confirmation; failure may result in removal from the docket without further notice.

When all parties agree and extending an individual deadline will not affect compliance with remaining deadlines, the parties may submit a motion and stipulated order to extend it.

Continuance motions are disfavored and will be granted only upon a showing of good cause.

A hearing scheduled for two hours or more may be canceled only with mutual consent of the parties or their counsel and Court approval.

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

An extension of the discovery deadline requires a written stipulation agreed to by the parties or an order of the Court.

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

You may need to provide a courtesy copy of your motion via email to the Court if your motion is not viewable on the docket screen.

Instead of filing a memorandum of law, counsel or a pro se party may provide a courtesy copy to opposing counsel, pro se parties, and the Court during the same three-business-day timeframe.

After the hearing is confirmed and the Notice of Hearing is filed, email a courtesy copy to the Judicial Assistant.

Submit only a courtesy copy of an already e-filed motion, bearing its e-filing date/time stamp, for review with a proposed order; do not submit an original unfiled motion.

If a party determines the case is ready before the projected trial date, it may file a motion for trial, and the Court may set an earlier trial period on motion or on its own initiative.

Mediation is mandatory in contested dissolution disputes unless waived by the Court or the Court finds significant domestic violence would compromise mediation.

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

Before scheduling a hearing on a motion in limine, counsel must confer substantively, in person or virtually and in good faith, to try to resolve some or all of it; exchanging ultimatums by fax, email, or letter does not qualify.

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

The arbitration decision may be filed under seal with the clerk so that the presiding judge does not learn the decision unless no timely request for a trial de novo is made.

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

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

The petitioner must not share information received from a financial institution through the petition except with the Clerk of Court or the Probate Court.

Parties submitting orders are responsible for ensuring confidential information is appropriately redacted or identified for redaction.

Audit fees must be paid to the Clerk in accordance with the cited Florida statutes.

Filing fees depend on the type of proceeding, and certified copies or other documents may also have costs.

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.