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

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the hearing location; in-person hearings are held at the Highlands County Courthouse, 430 South Commerce Avenue, Sebring, Florida 33870, Hearing Room 3A.

The location of the hearing must be included in the Notice of Hearing. In person hearings are held at the Highlands County Courthouse, 430 South Commerce Avenue, Sebring, Florida 33870, Hearing Room 3A.

CRITICAL

Applies to

Proposed order or judgment

A proposed order or judgment submitted through CAPS without a hearing must include a copy of the motion.

All proposed orders or judgments being submitted without a hearing must include a copy of the motion when the proposed Order is submitted through CAPS.

CRITICALCivil cases

Applies to

Virtual appearance motion

A request to appear virtually at a contested evidentiary hearing must be made by written motion identifying its basis and the participant who seeks to appear virtually.

Requests for virtual appearance at a contested evidentiary hearing must be made by written motion identifying the basis for the request and which participant needs to appear virtually.

CRITICAL

Applies to

Filing with confidential information

When filing documents containing Social Security numbers, bank account numbers, or other non-public information in the specified civil cases, all parties must file a Notice of Confidential Information identifying each location and page and the type of confidential information or applicable provision.

All parties submitting an order, including attorneys and self- represented litigants, will be required to file a Notice of Confidential Information in circuit civil, county civil and small claims court cases when filing documents with Social Security numbers, bank account numbers, or other non-public information; identify the precise location(s) of confidential information within the document, including each page number on which it appears; and identify the type of confidential information or provision that applies to the identified information.

CRITICAL

Applies to

Notice of hearing or order setting hearing

All notices of hearing and orders setting hearing must include the specified ADA notice.

The following ADA Notice must be included in all notices of hearing or orders setting hearing: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.

CRITICAL

Applies to

Exhibit label

The submitting party must complete every blank on an exhibit label except the admitted, excluded, and date blanks.

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

CRITICAL

Applies to

Notice of cancellation

Only the party who set a hearing may cancel it; that party must file a written Notice of Cancellation and notify all participants, including self-represented parties.

Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written Notice of Cancellation of the hearing and to notify all participants of the cancellation, including any self-represented party.

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

All hearing notices and orders setting hearing must include the specified ADA notice.

The following ADA Notice must be included in all notices of hearing or orders setting hearing: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.

CRITICAL

Applies to

Proposed order or judgment

Do not include a certificate of service for the judicial assistant to complete.

Do not include a certificate of service to be completed by my judicial assistant.

CRITICAL

Applies to

Emergency motion

Unless an emergency motion is submitted ex parte, its email must include a cover letter stating that the submission was copied to opposing counsel or the opposing party.

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.

CRITICALCriminal cases

Applies to

Probation officer recommendation report

The Recommendation Report must be submitted to the stated email address to obtain the recommendation and must not be submitted directly to the probation officer.

The Probation Officer’s Recommendation Report must be submitted to Tyna.Mendoza@fdc.myflorida.com to obtain the probation officer’s recommendation. Do not submit the Probation Officer’s Recommendation form directly to the probation officer.

CRITICALCriminal cases

Applies to

Remote appearance motion

Must include

proposed order

A written motion and proposed order for a remote appearance must be submitted at least five days before the hearing, or 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 five (5) days prior to the scheduled hearing or the Motion will not be considered.

CRITICALCriminal cases

Applies to

Waiver of status conference

Defense counsel may waive a regularly scheduled status conference by filing a document titled “Waiver of Status Conference” that states the defendant waives the conference and requests the case be passed to the previously scheduled pretrial conference; defense counsel must sign it.

Defense counsel may waive a regularly scheduled status conference in Polk Felony Divisions F1 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. The Waiver of Status Conference must be signed by counsel for the Defendant

CRITICALCriminal cases

Applies to

Motion in limine or notice of hearing

Must include

certificate of conference

A motion in limine or its hearing notice must certify that the parties conferred in an attempt to resolve each portion before court intervention.

The Motion in Limine or Notice of Hearing on said Motion must contain certification that the parties have c o n f e r r e d ( a s s e t f o r t h a b o v e ) in an attempt to resolve each portion of the Motion prior to court’s intervention.

CRITICALCriminal cases

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

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.

CRITICALCriminal cases

Applies to

Motion for probation modification or termination

Counsel must file the motion for probation modification or termination with the Probation Officer’s Recommendation Report.

Counsel shall file the Motion for Modification and/or Termination with the Probation Officer’s Recommendation Report.

CRITICALCriminal cases

Applies to

Probation modification or termination request

Pro se defendants seeking probation modification or termination must submit a written request to the Felony Clerk at the stated address.

Pro Se Defendants: Defendants who wish to seek modification and/or termination 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.

CRITICALCriminal cases

Applies to

Motion

Each motion must state whether opposing counsel objects or does not object.

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

CRITICALCriminal cases

Applies to

Proposed order

A party disagreeing with a submitted proposed order must provide its own proposed-order version and a hearing transcript with relevant portions highlighted.

Should any party disagree with a proposed order that is submitted, the disagreeing party must provide their proposed order version and must provide the Court with a transcript of the hearing pursuant to the Fla. R. Civ. P. 1.080(d), with relevant portions highlighted for ease of reference by the Court.

CRITICALCriminal cases

Applies to

Notice of hearing

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

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.

CRITICALCriminal cases

Applies to

Notice of hearing

A motion-in-limine hearing notice must identify the specific issues still in controversy after counsel confer.

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

CRITICALCriminal cases

Applies to

Motion in limine hearing submission

At least 10 days before the hearing, all parties must submit relied-upon case law and hard copies of the motion, response, and hearing notice.

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.

CRITICALCriminal cases

Applies to

Motion in limine

A motion in limine must state its grounds and substantial legal arguments with particularity and identify supporting evidence or material; the judge may summarily rule on a motion that does not do so.

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. The judge may summarily rule on any Motion in Limine not written with particularity as described above.

CRITICALCriminal cases

Applies to

Documents intended for admission into evidence

A copy of every document intended for admission into evidence must be provided.

A copy of all documents intended for admission into evidence must be provided

CRITICALCriminal cases

Applies to

Motion for continuance of pretrial conference

Must include

proposed order

A motion to continue a pretrial conference must be submitted with a proposed order.

An agreed upon Motion for Continuance of Pretrial Conference and a proposed Order must be submitted no later than 1:00 p.m. five (5) days prior to scheduled hearing.

CRITICAL

Applies to

Trial readiness certification

If a case is proceeding to trial, counsel must meet and confer and complete the Trial Readiness Certification for presentation to the Court at Mandatory Docketing.

If the case is proceeding to trial, counsels shall meet and confer and complete the Trial Readiness Certification to present to the Court at Mandatory Docketing.

CRITICAL

Applies to

Trial readiness certification

Both parties, acting in good faith, represent to the Court that this case is ready for trial today, which means that: ☐ Counsel have good contact with all their witnesses. ☐ All necessary depositions, investigations, and discovery have been completed. ☐ All mitigation, if any, has been submitted to the State. ☐ The State has made a plea offer which was provided to opposing counsel. ☐ All pre-trial motions have been filed and ruled on, except for motions in limine which will take less than 10 mins each.

Both parties, acting in good faith, represent to the Court that this case is ready for trial today, which means that: ☐ Counsel have good contact with all their witnesses. ☐ All necessary depositions, investigations, and discovery have been completed. ☐ All mitigation, if any, has been submitted to the State. ☐ The State has made a plea offer which was provided to opposing counsel. ☐ All pre-trial motions have been filed and ruled on, except for motions in limine which will take less than 10 mins each.

CRITICAL

Applies to

Waiver of appearance

Defendants must appear in person at all hearings unless a waiver of appearance has been filed.

All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed.

CRITICAL

Applies to

Motion to appear virtually

Must include

proposed order

To request a remote appearance for counsel or a witness, submit a written motion and proposed order to appear virtually at least five days before the hearing.

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 five (5) days prior to the scheduled hearing or the Motion will not be considered.

CRITICAL

Applies to

Waiver of status conference

In Polk Felony Division F4, defense counsel may waive a regularly scheduled status conference by filing a document titled “Waiver of Status Conference” that reflects the Defendant’s waiver and requests that the case be passed to the previously scheduled Pretrial Conference.

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.

CRITICAL

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

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.

CRITICAL

Applies to

Memorandum

A memorandum is required for sentencing after trial, open pleas to the Court, and when formally requested by the Court.

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

CRITICAL

Applies to

Motion for continuance

A motion for continuance must be signed by the requesting party unless good cause is shown.

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).

CRITICAL

Applies to

Waiver of status conference

The Waiver of Status Conference must be signed by Defendant’s counsel and served 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.

CRITICAL

Applies to

Motion for continuance of pretrial conference or arraignment

Must include

proposed order

An agreed motion to continue a Pretrial Conference or Arraignment and a proposed order must be submitted by 1:00 p.m. five 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. five (5) days prior to scheduled hearing.

CRITICAL

Applies to

Motion

Every motion must state whether opposing counsel objects or does not object.

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

CRITICAL

Applies to

Motion for modification or termination of probation

Counsel must file a Motion for Modification and/or Termination together with the Probation Officer’s Recommendation Report.

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.

CRITICAL

Applies to

Probation modification or termination request

Pro se defendants seeking probation modification or termination must submit a written request to the Felony Clerk’s office.

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.

CRITICAL

Applies to

Notice of hearing

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

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.

CRITICAL

Applies to

Motion

A party seeking an emergency hearing on a factual basis must file a detailed motion identifying the issues, explaining why an emergency hearing is necessary, and stating the time needed for each party’s presentation.

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.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the hearing location.

Include in the Notice of Hearing the location of the hearing.

CRITICAL

Applies to

Notice of hearing

If a good-faith effort to clear a hearing date fails, the Notice must state that the date was not cleared and give the factual reason.

If counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be required on the Notice: “The requested hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

CRITICAL

Applies to

Foreclosure packet

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

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.

CRITICAL

Applies to

Emergency motion

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

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

CRITICAL

Applies to

Foreclosure packet

The foreclosure packet must include sufficient judgment copies and pre-stamped, correctly addressed envelopes for everyone entitled to receive a copy.

COUNSEL MUST INCLUDE IN THE FORECLOSURE PACKET SUFFICIENT COPIES AND PRE-STAMPED, CORRECTLY ADDRESSED ENVELOPES FOR ALL PERSONS ENTITLED TO RECEIVE A COPY OF THE JUDGMENT.

CRITICAL

Applies to

Notice of hearing or order setting hearing

All hearing notices and orders setting hearings must include the specified ADA notice.

The following ADA Notice must be included in all notices of hearing or orders setting hearing. The notice shall be in either Arial or Bookman Old Style 14-point BOLD font. 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

CRITICAL

Applies to

Notice of cancellation

Provide written notice that the hearing is no longer needed even if the case settles or the hearing matters are agreed.

If the case settles or you agree on the matters set for hearing, you must still contact the judicial assistance to advise the hearing is no longer need providing written notice.

CRITICAL

Applies to

Defendant jury instructions

Defendant may provide only special instructions not included in Plaintiff’s submission.

Defendant shall provide only special instructions not included in Plaintiff’s submission.

CRITICAL

Applies to

Proposed order

A proposed order to show cause must include a final hearing date confirmed by email before submission to the judge.

Proposed Orders to Show Cause must include a final hearing date that is confirmed by email before submitting the proposed order for the Judge’s consideration.

CRITICAL

Applies to

Motion

The original motion must be filed with the Clerk.

You must file the original with the Clerk and send a courtesy copy to the Judge for the Judge’s review.