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

WARNING

Applies to

Emergency motion

An emergency motion submitted for ex parte consideration should identify that fact clearly in its heading.

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

WARNINGCivil cases

Applies to

Notice of hearing or order setting hearing

A Notice of Hearing or Order Setting Hearing should include information on accessing Highlands Virtual Courtroom 3A.

A link to the “Highlands Virtual Courtroom 3A” can be found at the following website: Highlands County Virtual Courtrooms | 10th Judicial Circuit Court The link is also accessible from the Tenth Judicial Circuit Court Administration’s web site through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/ On the right side of the page, click “Click here for Highlands County Virtual Courtroom Links”, then click “Highlands County”, then click “Click here to enter Highlands Virtual Courtroom 3A”.

WARNINGCriminal cases

Applies to

Motion in limine

Omnibus and boilerplate motions in limine are discouraged.

“Omnibus” and “boilerplate” Motions in Limine are discouraged.

WARNING

Applies to

Proposed order

The title of the Order should include the term “Agreed”.

The title of the Order should include the term “Agreed”.

WARNING

Applies to

Proposed order

The order should have a full title containing the subject matter of the motion or pleading ruled upon (e.g., Order Granting Plaintiff’s Motion to Compel, not just “Order”).

The order should have a full title containing the subject matter of the motion or pleading ruled upon (e.g., Order Granting Plaintiff’s Motion to Compel, not just “Order”).

WARNING

Applies to

Proposed order

Before submitting a proposed order by e-portal or U.S. mail, verify the case number and confirm assignment to the correct Civil Division Judge.

Always verify that your case number is correct and confirm the materials are being assigned to the correct Civil Division Judge prior to submitting the proposed order whether it is by e-portal or by U.S. mail.

WARNING

Applies to

Proposed order

Do not include a Certificate of Service on a proposed order for the judicial assistant to complete.

Do not include a Certificate of Service on a proposed order to be completed by the judicial assistant.

WARNING

Applies to

Proposed order

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.

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.

WARNINGCivil cases

Applies to

Petition for summary administration

Additional pages are to be attached when necessary.

(Attach additional pages as necessary).

WARNING

Applies to

Affidavit of heirs

Do not use “not applicable” or another similar designation in the Affidavit of Heirs.

Answering with not applicable or any other such designation is inappropriate for this document.

WARNING

Applies to

Deficiency challenge

If you disagree that a deficiency prevents entry of an order, request a hearing and submit a brief memorandum of law.

If you have been advised your order cannot be entered due to a deficiency and you disagree the appropriate remedy is to request a hearing and submit a brief memorandum of law to the court.

WARNINGCivil cases

Applies to

Petition

Additional pages must be attached as needed for interested-party information.

Attach additional pages as needed. Each interested party must either 1) join in this petition, 2) file a consent to the petition and waive formal notice or 3) must be sent formal notice of the petition by certified mail and proof of service filed with the court.

WARNINGCivil cases

Applies to

Petition

The petition includes the petitioner’s declaration under penalty of perjury that the stated facts are true to the best of their knowledge.

And under the penalty of perjury and otherwise, I declare foregoing facts are true to the best of my knowledge.

WARNINGCivil cases

Applies to

Petition

Attach additional pages if needed to provide the information requested.

(attach additional pages as needed)

WARNING

Applies to

Affidavit of heirs

When applicable, identify a relationship as that of a half-relative in the affidavit.

When appropriate, you must indicate if the relationship is that of a half-relative (i.e., half/brother or half-sister).

WARNINGCivil cases

Applies to

Petition

The petition furnishes the petitioner’s name and relationship to the decedent, the decedent’s account name, the financial institution’s name and address, and the account information sought.

The Petitioner, therefore, under oath, furnishes the following information, to allow this Court to enter an Order allowing the financial institution(s) to furnish the Petitioner with a bank statement, letter, or otherwise identifying the account(s) of the Decedent: • Petitioner’s name: _____________________________________. • Relationship to the Decedent: ___________________________. • Name of the Decedent as it appears on the account(s): _______________________. • Name/Address of the financial institution(s): _____________________________________________________________. _____________________________________________________________. • Decedent’s account(s) upon which information is being sought: 1) ___________________________________________________________. 2) ___________________________________________________________.

WARNINGCivil cases

Applies to

Petition

Additional petitioners should sign the petition before a notary.

Additional Petitioners should sign this petition in the presence of a notary.

WARNING

Applies to

Proposed order

Typically, proposed orders require the Judge’s signature date and signature, and, if applicable, the Magistrate’s or Hearing Officer’s signature and signature date.

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.

WARNING

Applies to

Proposed order

An individual judge may require a cover letter despite the Circuit’s general practice.

However, a particular judge may.

WARNING

Applies to

Proposed order

Additionally, proposed orders should include a distribution list after the coded signature block which includes the recipients name and email address, or name and mailing address if the recipient is not required to or has not agreed to be served electronically.

Additionally, proposed orders should include a distribution list after the coded signature block which includes the recipients name and email address, or name and mailing address if the recipient is not required to or has not agreed to be served electronically.

WARNING

Applies to

Proposed order

An order proposed through the E-Filing Portal should contain only one case number.

An order proposed through the E-Filing Portal should contain only one case number.

WARNING

Applies to

Proposed order

Signatures and signature dates are applied to proposed orders received in 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.

Signatures and signature dates are applied to proposed orders received in 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.

WARNING

Applies to

Proposed order

The case number should be in the complete 20-character Uniform Case Number (UCN) format.

The case number should be in the complete 20-character Uniform Case Number (UCN) format.

WARNING

Applies to

Proposed order

If the same order needs to be submitted under multiple case numbers, it should be submitted to each case separately with a single, discreet case number.

If the same order needs to be submitted under multiple case numbers, it should be submitted to each case separately with a single, discreet case number.

WARNINGCivil cases

Applies to

Motion

The motion should indicate that the matter is uncontested.

The motion itself should reflect that the matter is, in fact, uncontested.

WARNINGCivil cases

Applies to

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.

WARNINGCivil cases

Applies to

Motion

Submit non-emergency motions to cancel sales by mail or hand delivery with copies and stamped addressed envelopes for distribution to the parties.

Non-Emergency Motions to Cancel Sales should be submitted by US mail, express mail, or hand delivery with copies and stamped address envelopes for Clerk’s distribution to parties.

WARNINGCivil cases

Applies to

Foreclosure packet

All information readily available (i.e. attorney’s fees and costs) should be completed.

All information readily available (i.e. attorney’s fees and costs) should be completed.

WARNINGCivil cases

Do not include a Certificate of Service for the judicial assistant to complete.

Do not include a Certificate of Service to be completed by the judicial assistant.

WARNINGCriminal cases

Applies to

Trial readiness certification

A case represented as ready for trial must satisfy the listed readiness conditions, including that pretrial motions have been filed and ruled on, except motions in limine taking less than 10 minutes 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.

WARNINGCriminal cases

Applies to

Memorandum

The Court may require a memorandum for sentencing after trial, open pleas, or upon its formal request.

When required: The Court may require a memorandum for sentencing after trial, open pleas to the Court, and upon formal request of the Court.

WARNINGCriminal cases

Applies to

Form 2.603

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever the email account registered for electronic service changes.

It is the responsibility of attorneys and self- represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

WARNING

Applies to

Proposed final judgment

It is better practice for the proposed final judgment to reflect that the parties have entered into a marital settlement agreement and to recite, at a minimum, the provisions of the agreement pertaining to parental responsibility, time sharing, child support, and alimony and that the parties are ordered to abide by all of the terms and provisions contained in the marital settlement agreement.

It is better practice for the proposed final judgment to reflect that the parties have entered into a marital settlement agreement and to recite, at a minimum, the provisions of the agreement pertaining to parental responsibility, time sharing, child support, and alimony and that the parties are ordered to abide by all of the terms and provisions contained in the marital settlement agreement.

WARNING

Applies to

Court order removing matter from trial docket

A matter may be removed from the trial docket only by the Court’s written order.

A matter shall be removed from the trial docket only upon the Court’s written order.

WARNING

Applies to

Proposed order

If the designated party misses the ten-working-day deadline, the opposing party may submit the proposed order or judgment with a certification describing a good-faith contact effort and the lack of an explanation for the delay.

In the event the designated party fails to submit a proposed order or judgment within said ten (10) working days, the opposing party may submit a proposed order or judgment after certifying that he/she has made a good faith effort to contact the opposing party and has received no reason for the delay.

WARNING

Applies to

Order disposing of motion

The title of an order that disposes of a pretrial or post-judgment motion should accurately identify the motion by title. If the title of the motion is not specific enough to identify it, the date of filing should be added to specifically identify the motion being disposed.

The title of an order that disposes of a pretrial or post-judgment motion should accurately identify the motion by title. If the title of the motion is not specific enough to identify it, the date of filing should be added to specifically identify the motion being disposed.

WARNING

Applies to

Proposed order

Every proposed order should be accompanied by a letter, indicating only that a copy of the proposed order has been provided to the opposing party.

Every proposed order should be accompanied by a letter, indicating only that a copy of the proposed order has been provided to the opposing party.

WARNING

Applies to

Request for rehearing

An objection to a proposed order cannot substitute for a rehearing request, which must follow the applicable Florida Family Law Rules of Procedure.

Objections to proposed orders may not be used as a substitute for a request for rehearing. Any request for rehearing must be submitted pursuant to the applicable Florida Family Law Rules of Procedure.

WARNING

Applies to

Jury instructions and verdict form

Proposed jury instructions and the proposed verdict form should be submitted to the Court before trial.

The proposed instructions and proposed verdict form should be submitted to the Court in advance of the trial.

WARNING

Applies to

Civil case management plan

If submitted as an agreed-upon plan, the plan provides for signatures of counsel or unrepresented parties.

SIGNATURE OF COUNSEL/UNREPRESENTED PARTIES IF SUBMITTED AS AGREED UPON PLAN

WARNING

Applies to

Proposed order

A proposed order must not include a Certificate of Service for the judicial assistant to complete.

Do not include a Certificate of Service on a proposed order to be completed by the judicial assistant.

WARNING

Applies to

Civil case management plan

The Trial Information section calls for a projected trial date, estimated trial length in days, and identification of a jury or non-jury trial.

Projected date for trial [MONTH AND YEAR] (a fixed trial date will be ordered by the presiding judge pursuant to rule 1.440, Florida Rules of Civil Procedure) ________________________________ Estimated Length of Trial (specify the number of trial days): _______________ Identification of Jury or Non-Jury Trial:

WARNING

Applies to

Foreclosure packet

All information readily available (i.e. attorney’s fees and costs) should be completed.

All information readily available (i.e. attorney’s fees and costs) should be completed.

WARNING

Applies to

Proposed order

The order should have a full title containing the subject matter of the motion or pleading ruled upon (e.g., Order Granting Plaintiff’s Motion to Compel, not just “Order”).

The order should have a full title containing the subject matter of the motion or pleading ruled upon (e.g., Order Granting Plaintiff’s Motion to Compel, not just “Order”).

WARNING

Applies to

Civil case management plan

A case management plan submitted as agreed includes a signature section for counsel or unrepresented parties.

SIGNATURE OF COUNSEL/UNREPRESENTED PARTIES IF SUBMITTED AS AGREED UPON PLAN

WARNINGCivil cases

Applies to

Arbitrator application

Qualified individuals seeking to serve as arbitrators must complete the named application.

Qualified individuals seeking to serve as an arbitrator for circuit and/or county court civil matters are required to complete the “Arbitrator Application for the Tenth Judicial Circuit Court of Florida.”

WARNING

Applies to

Motion

The motion itself should reflect that the matter is, in fact, uncontested.

The motion itself should reflect that the matter is, in fact, uncontested.

WARNING

Applies to

Proposed order

Do not include a Certificate of Service for the judicial assistant to complete.

Do not include a Certificate of Service to be completed by the judicial assistant.

WARNING

Applies to

Foreclosure packet

All readily available information, including attorney’s fees and costs, should be completed in the foreclosure packet.

All in formation readily available (i.e. attorney’s fees and costs) should be completed.

WARNING

Applies to

Trial exhibit list

A generic statement disclosing all discovery in the action is not sufficient as a Trial Exhibit List.

A generic statement disclosing “all discovery in this action” alone, does not comply with this section.