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

CRITICAL

Applies to

Jury instructions

The plaintiff must provide a complete set of proposed jury instructions, while the defendant may provide only special instructions not included in the plaintiff’s submission.

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.

CRITICAL

Applies to

Proposed order packet

A proposed Order submitted without a hearing must be accompanied by a copy of the motion in the mailed or Portal-submitted packet.

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.

CRITICAL

Applies to

Motion

Every motion must state opposing counsel’s position on the motion.

ALL MOTIONS MUST CONTAIN OPPOSING COUNSEL’S POSITION OF THE MOTION

CRITICAL

Applies to

Notice of hearing

After confirmation from the Judicial Assistant, the scheduling party must timely file the Notice of Hearing with the Clerk and all parties.

Upon confirmation from the Judicial Assistant, it is the scheduling party’s responsibility to file the Notice of Hearing to the Clerk and all parties in a timely manner.

CRITICAL

Applies to

Trial exhibit label

The party submitting an exhibit must complete every blank on its label 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

Judgment packet

Include the proposed Final Judgment, conformed copies for each Respondent, and mailing envelopes in the packet.

The proposed Final Judgment with copies to be conformed for each Respondent and envelopes for mailing, must be included in the packet.

CRITICAL

Applies to

Proposed order submission

Submit a courtesy copy of the supporting motion and a cover letter with each proposed order; the cover letter must state whether a hearing was held or whether the order is requested without a hearing.

Please do not submit proposed orders without submitting a courtesy of the supporting motion and a cover letter explaining whether a hearing was held or whether the entry of the proposed order is requested without the necessity of a hearing.

CRITICAL

Applies to

Order

Use the specified “ORDERED” date line and “JJJJ” in the signature part of the order.

Below is the exact formatting that can be copied and pasted into the signature part of the order: ORDERED in Wauchula, Hardee County, Florida on DDDD. JJJJ

CRITICAL

Applies to

Judgment packet

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

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

CRITICAL

Applies to

Judgment packet

File a notarized Affidavit of Compliance under Administrative Order No. 3-29.2 and include a copy 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

Notice of hearing

The motion-in-limine hearing notice must identify the specific issues remaining 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

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

Proposed order

A non-movant should provide a proposed reason order in Word denying summary judgment.

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

CRITICAL

Applies to

Proposed order

A movant should provide a proposed reason order in Word granting summary judgment.

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

CRITICAL

Applies to

Motion to appear virtually

A motion to appear virtually must state that all attorneys of record were consulted and have no objection.

Such motion to appear virtually MUST state that all attorneys of record have been consulted and have no objection.

CRITICAL

Applies to

Proposed jury instructions

The Plaintiff must provide a complete set of proposed jury instructions.

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.

CRITICAL

Applies to

Cover letter

A proposed-order cover letter must not consist only of “Enclosed please find a proposed order”; it must include the required explanation.

Do not submit a cover letter that only says, “Enclosed please find a proposed order”, without the required explanation referenced above.

CRITICAL

Applies to

Summary judgment proceeding

Follow Florida Rule of Civil Procedure 1.510.

You must follow Fla.R.Civ.P. 1.510.

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

Proposed order

Every proposed order must have a bottom section listing copies to all parties by name and their email address, if known, or mailing address.

All proposed orders must include a section at the bottom showing copies to all parties by name and email address, if known, or mailing address.

CRITICAL

Applies to

Motion in limine or notice of hearing

Must include

certificate of conference

The motion in limine or its hearing notice must certify that the parties conferred in an attempt to resolve each portion of the motion.

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

A Notice of Hearing must include virtual-hearing information and must not include telephonic-appearance instructions.

The information for the virtual hearing must be included in the Notice of Hearing. Do not include instructions for appearing telephonically.

CRITICAL

Applies to

Proposed jury instructions

The Defendant may provide only special jury instructions that are not included in the Plaintiff’s submission.

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

CRITICAL

Applies to

Notice for trial

To have a case set for trial, file a Notice for Trial with the Clerk and send a copy to the Judge’s office by email or mail.

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

Trial exhibit label

Exhibit labels must substantially follow the specified format and include the case number, party, exhibit number, admission or exclusion fields, and date.

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

CRITICAL

Applies to

Motion in limine

A motion in limine must state its grounds and substantial legal issues with particularity and identify the evidence or supporting materials relied upon.

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

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.

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

Summary judgment package

The summary-judgment package must contain the listed related documents, pleadings, affidavits, declarations, factual materials, tabbed and highlighted cited materials, and relevant discovery or deposition copies.

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

Proposed amended order

A proposed amended order must explain the amendment in its body or in a cover letter.

Amended orders without explanation in either the body of the proposed amended order or via cover letter will almost always be rejected.

CRITICAL

Applies to

Trial exhibit

Before any hearing, documents intended for admission into evidence must be pre-marked with exhibit identification information in a form suitable for admission.

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.

CRITICAL

Applies to

Motion for rehearing

File the original motion with the Clerk and send a courtesy copy to the Judge by email or mail.

You must file the original with the Clerk and email or mail in a courtesy copy to the Judge.

CRITICAL

Applies to

Emergency motion

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

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

Virtual appearance order

Participants must appear in person at contested evidentiary hearings unless a signed order grants a virtual appearance for that hearing.

All contested evidentiary hearings are scheduled as IN-PERSON hearings. All participants MUST appear in person unless there is a signed order granting a virtual appearance for each hearing.

CRITICAL

Applies to

Document with confidential information

When filing documents containing specified confidential or non-public information, parties submitting an order must file a Notice of Confidential Information identifying each location and page and the type of 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

Emergency motion

For a non-ex-parte emergency motion emailed to the Court, the 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.

CRITICAL

Applies to

Emergency motion

Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

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 judgments being submitted without a hearing must include a copy of the motion in the submission to the Court.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the total duration of the hearing.

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

CRITICAL

Applies to

Notice of hearing or order setting hearing

All Notices of Hearing and orders setting a 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

Notice of hearing

The Notice of Hearing must state the hearing location.

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

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

All notices of hearing and orders setting hearing must include the specified ADA notice; the provided text ends mid-sentence.

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

CRITICAL

Applies to

Notice of cancelation

The party who set the hearing must file a written notice of cancellation.

It is the setting party’s responsibility to file a written Notice of Cancelation of the hearing

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

All notices of hearing and orders setting hearing must include the specified ADA accommodation 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 schedule 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

Motion

Contested evidentiary matters are heard in person, and a request for a virtual appearance must be made by written motion identifying its basis and the participant who needs to appear virtually.

All contested evidentiary matters shall be heard in person. 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

Notice of hearing or order setting hearing

All notices of hearing and orders setting hearing must include the specified ADA accommodation 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 schedule 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 hearing location; in-person hearings are held in Hearing Room 6D-1 at the Polk County Courthouse.

The location of the hearing must be included in the Notice of Hearing. In person hearings are held at the Polk County Courthouse, 255 N. Broadway Avenue, Bartow, FL 33830, in Hearing Room 6D-1 (6th Floor, Blue Elevators).

CRITICAL

Applies to

Proposed order or judgment without hearing

A proposed order or judgment submitted without a hearing must be accompanied by a copy of the motion in the packet emailed to the Court.

All proposed orders or judgments being submitted without a hearing must include a copy of the motion in the packet emailed to the Court.

CRITICAL

Applies to

Cover letter

Unless the motion is submitted ex parte, the cover letter must state 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.

CRITICAL

Applies to

Hearing cancellation notice

Only the party who set a hearing may cancel it, and that party must file written notice of cancellation and notify all participants, including any self-represented party.

Only the party who set the hearing may cancel it, and it is the party’s responsibility to file a written notice of cancellation of the hearing and to notify all participants of the cancellation, including any pro se party.

CRITICAL

Applies to

Notice of confidential information

When filing documents containing Social Security numbers, bank account numbers, or other non-public information in circuit civil, county civil, or small claims cases, 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.