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

CRITICALCivil cases

Applies to

Order

Do not submit duplicate orders.

DO NOT SUBMIT DUPLICATE ORDERS!

CRITICAL

Applies to

Notice of hearing

The notice of hearing must include the hearing location.

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

CRITICAL

Applies to

Emergency submission email

For a matter submitted for emergency or expedited review, put “EMERGENCY” in the email subject line and include the motion and all attachments.

Please state it is an “EMERGENCY” in the subject line of our email and include copies of your motion and all attachments.

CRITICAL

Applies to

Continuance request

A status report and motion for continuance must be filed when requesting a continuance or excusal from a case management conference.

To request continuance or excusal the party or their attorney must file a status report along with a motion for Continuance not less than 10 days prior to the case management conference, continuances are at the discretion of the court and parties must appear unless continuance is granted.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders submitted electronically through CAPS must comply with the 10th Circuit Administrative Order 1-61.1 or a superseding order; noncompliant documents may be rejected.

All proposed orders submitted electronically through CAPS must comply with 10th Circuit Administrative Order 1-61.1 or any superseding order. The items in paragraphs 1-7 above all comply with the requirements of the Administrative Order, however, there may be additional requirements contained in the Administrative Order not specified above. Please ensure compliance in your filings. Documents that do not comply may be rejected

CRITICAL

Applies to

Motion

A motion for remote attendance must state good cause and explain steps to ensure no party will be prejudiced.

Your motion must state good cause for the remote appearance along with steps necessary to ensure that no party will be prejudiced by remote appearance.

CRITICALCivil cases

Applies to

Order

Exhibits attached to an order must be clearly marked and referenced in the order’s body.

Ensure all exhibits which are to be attached to the order are clearly marks, i.e. “Exhibit A”, and properly referenced in the body of the order

CRITICAL

Applies to

Transmittal letter

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.

CRITICAL

Applies to

Objection explanation

Note that objections must be followed up by a written explanation submitted via e-portal (and copying opposing counsel) within 5 working days.

Note that objections must be followed up by a written explanation submitted via e-portal (and copying opposing counsel) within 5 working days.

CRITICAL

Applies to

Proposed order or judgment

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

All proposed orders or judgements being submitted without a hearing must include a copy of the motion in the submission to the Court.

CRITICAL

Applies to

Emergency motion

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

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.

CRITICALCivil cases

Applies to

Motion

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

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.

CRITICAL

Applies to

Notice of confidential information

When filing documents containing specified confidential information, file a Notice of Confidential Information identifying where the information appears and its type or applicable provision.

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

A Notice of Hearing must include the hearing location.

The location of the hearing must be included in the Notice of Hearing.

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: 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.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must state the length of the entire hearing.

The Notice of Hearing must include the length of time of the entire hearing.

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

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

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.

CRITICALCivil cases

Applies to

Exhibits

Exhibits to be introduced during a virtual hearing must be pre-marked as required by 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.

CRITICAL

Applies to

Notice of hearing

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

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

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must identify the issues that remain 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.

CRITICAL

Applies to

Default final judgment 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.

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).

CRITICAL

Applies to

Summary judgment package

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

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.

CRITICAL

Applies to

Exhibit

The submitting party must complete every exhibit-label blank except the admitted and excluded fields.

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

CRITICAL

Applies to

Motion in limine or notice of hearing

Must include

certificate of conference

The Motion in Limine or its Notice of Hearing must certify that the parties conferred to try to resolve each portion before court intervention.

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.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must include the virtual hearing information.

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

CRITICAL

Applies to

Notice of cancellation

Provide a Notice of Cancellation to the judge’s office to ensure the hearing or trial is removed from the calendar.

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.

CRITICAL

Applies to

Filing

Identify the precise locations of confidential information in the document, including every page on which it appears.

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

CRITICAL

Applies to

Summary judgment package

A movant must provide a proposed reasons order in Word granting summary judgment.

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

CRITICAL

Applies to

Summary judgment package

A non-movant must provide a proposed reasons order in Word denying summary judgment.

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

CRITICAL

Applies to

Notice of cancellation

Settling a case does not cancel hearings; the party who set them must still cancel them.

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

CRITICAL

Applies to

Proposed order

A mailed proposed order must include a cover letter stating that it will be held for five working days or that it is agreed upon.

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.

CRITICAL

Applies to

Judgment packet

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

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

CRITICAL

Applies to

Proposed order

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.

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.

CRITICAL

Applies to

Written objection explanation

A phone objection must be followed within 5 days by a written explanation, with a copy to opposing counsel.

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

CRITICAL

Applies to

Emergency motion

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

CRITICAL

Applies to

Proposed order

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

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

CRITICAL

Applies to

Notice of cancellation

Only the party who set a hearing may cancel it, and that party must notify everyone.

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

CRITICAL

Applies to

Order to show cause

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.

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.

CRITICAL

Applies to

Judgment packet

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

Proposed order

Proposed orders must include all necessary information and must not leave blanks for the Court to fill in.

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

CRITICAL

Applies to

Summary judgment 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.

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.

CRITICAL

Applies to

Proposed order

A proposed order for appointing an attorney ad litem must include the attorney’s name, address, and phone number.

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.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the hearing location.

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

CRITICAL

Applies to

Filing

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

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

CRITICAL

Applies to

Notice for trial

To set a case for trial, file a Notice for Trial with the Clerk of Court and email or mail a hard copy to the judge’s office.

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.

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

Summary judgment package

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

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

CRITICAL

Applies to

Motion in limine

A Motion in Limine must specifically state its grounds and substantial legal arguments and identify the evidence or supporting materials relied on.

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.

CRITICAL

Applies to

Filing

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

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

CRITICAL

Applies to

Notice of hearing

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.

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).”