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

WARNINGCivil cases

Applies to

Court order

The order form directs the drafter to list unrepresented parties.

List Unrepresented Parties

WARNING

Applies to

Uncontested motion

For an uncontested matter, the motion and proposed order may be submitted to the Judge for review, and the motion should identify the matter as uncontested.

Uniform Motion Calendar: Judge Ojeda does not have a UMC Calendar. If a matter is uncontested, you may submit the motion and proposed order to the Judge for review. 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

Stipulated agreed motion

Must include

proposed order

A hearing is not required for a stipulated or agreed motion, and the parties may submit the motion and proposed order to the Court for review.

Stipulated/Agreed Motions: Hearings are not required for Stipulated/Agreed Motions. Parties may submit the Stipulated/Agreed Motion and Proposed order to the Court for review as required above.

WARNING

Applies to

Notice of hearing

A Notice of Hearing should include instructions for appearing in person even when virtual appearance is authorized.

Notices for hearing should include instructions for appearing in person, even if virtual appearance has also been authorized.

WARNING

Applies to

Judgment 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

Applies to

Notice of hearing or order setting hearing

A hearing notice or setting order for a virtual hearing should include a link to the Polk Family Division 01 Virtual Courtroom.

A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information: i. A link to the “Polk Family Division 01 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual- courtroom-links/polk-family. The link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/ On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Family”, then click “Click here to enter Polk Family Division 01 Virtual Courtroom”.

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.

WARNINGCivil cases

Applies to

Virtual appearance motion

A written motion requesting virtual appearance at a contested evidentiary hearing should identify the basis for the request and the participant who seeks to appear virtually.

A party may request that a participant be allowed to appear virtually at a contested evidentiary hearing by filing a written motion identifying the basis for the request and which participant needs to appear virtually.

WARNING

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 the judicial assistant.

WARNINGCivil cases

Applies to

Notice of hearing or order setting hearing

A party calling a case up for hearing should provide the Court and all other parties with a Notice of Hearing or Order Setting Hearing.

A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information:

WARNING

Applies to

Emergency motion

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

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

INFO

Applies to

Proposed order

The Circuit does not require a cover letter with a proposed order submitted through the portal.

The Tenth Judicial Circuit does not require submission of a cover letter along with a proposed order submitted through the E-Filing Portal.

INFOCivil cases

Applies to

Uncontested motion

For an uncontested matter, the motion and a proposed order may be submitted for review.

If a matter is uncontested, the motion and proposed order may be submitted for review (See Section IV. Submitting Proposed Orders).

INFO

Applies to

Proposed order

The judicial assistant may distribute an order or judgment without the five-day hold if there is written confirmation that no one objects.

The judicial assistant may distribute the order or judgment without holding the order for five (5) days in the event that the judicial assistant has written confirmation that there is no objection to the proposal.

INFOCivil cases

Applies to

Arbitrator application

Completed applications should be returned to the Chief Judge at the address on the application.

Completed applications should be returned to the Chief Judge at the address on the application.

INFOCivil cases

Applies to

Motion to propose guardian ad litem

The petitioner may propose a selected guardian ad litem and submit a proposed order with a motion without a hearing.

In such cases, the petitioner may select the guardian ad litem to propose to the Court and may submit a proposed order with a motion without the necessity of a hearing.

INFOCivil cases

Applies to

Suggestion of capacity

The Ward or any interested person as defined by Florida law and the Florida Probate Code may file a Suggestion of Capacity.

A Suggestion of Capacity may be filed by the Ward or any interested person as defined by the Florida law and the Florida Probate Code.

INFO

Applies to

Cover letter

Additional or missing information may be provided by resubmitting a detailed cover letter with the proposed order.

Any additional or missing information may be provided by resubmitting a detailed cover letter with the proposed order.

CRITICAL

A defendant seeking to modify or terminate probation must submit a written request to the Felony Clerk’s office at the stated mailing address.

Defendant’s 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.