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

CRITICAL

Applies to

Plaintiff jury submission

Plaintiff must provide a complete set of proposed jury instructions and a proposed verdict form.

Plaintiff shall provide a complete set of proposed jury instructions and a proposed verdict form.

CRITICAL

Applies to

Proposed order

List copy recipients at the bottom of the order and provide stamped, addressed envelopes for recipients without designated email addresses.

Always list at the bottom of the order the persons who are entitled to receive a copy. If the person(s) listed has/have not designated an email address, submit stamped, addressed envelope(s) for mailing to the persons(s) who will not receive a copy by email.

CRITICAL

Applies to

Transmittal letter

When sending 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/unrepresented parties.

When sending 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/unrepresented parties.

CRITICAL

Applies to

Order to show cause packet

An Order to Show Cause packet must include the hearing date when submitted or the packet will be returned.

ON ORDERS TO SHOW CAUSE YOU MUST HAVE THE HEARING DATE FILLED IN WHEN SUBMITTING THE PAPERWORK OR THE PACKET WILL BE RETURNED TO YOU.

CRITICAL

Applies to

Notice of cancellation

The party canceling a hearing must file a written notice of cancellation.

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 court reporters and witnesses.

CRITICAL

Applies to

Non emergency motion to cancel sale

Non-emergency motions to cancel sales should be submitted by U.S. Mail, overnight mail, or hand delivery, with copies and stamped addressed envelopes for the Clerk’s distribution to the parties.

Non-Emergency Motions to Cancel Sales should be submitted by U.S. Mail, overnight mail or hand delivered, with copies and stamped address envelopes for clerk’s distribution to parties.

CRITICAL

Applies to

Order to show cause packet

An Order to Show Cause packet concerning entry of a foreclosure judgment must include a final hearing date obtained by email before submission.

Orders to Show Cause regarding entry of Foreclosure Judgments MUST include a final hearing date that is obtained by email before submitting the packet for the Judge’s consideration.

CRITICAL

Applies to

Foreclosure packet

File all original documents with the Clerk of Courts and do not include originals in the packet sent to the court’s office.

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

CRITICAL

Applies to

Notice of hearing

For a virtual hearing, the Notice of Hearing must include the specified remote-hearing notice, access information, and instructions for finding the link.

If the hearing will be held virtually (pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.530) include the following virtual information must be included in the Notice of Hearing: PLEASE TAKE NOTICE that the Hearing will take place remotely via Microsoft Teams Videoconferencing. Click the following link to join the hearing: Click here to enter Polk Civil Division 11 Virtual +1 863-225-4022 528 186 613# Courtroom This link is also accessible from 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 Polk County Virtual Courtroom Links”, then click “Polk Circuit Civil”, then click “Click here to enter Polk Civil Division 11 Virtual Courtroom”.

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 cases, all parties must file a Notice of Confidential Information identifying each location and page and the information type 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

Foreclosure packet

A copy of the signed stipulation should 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).

A copy of the signed stipulation should 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

Objection

Must include

proposed order

An objection must include a proposed order that the filer believes more accurately reflects the judge’s ruling.

Note that objections must be accompanied by a proposed order believed to more accurately reflect the judge’s ruling.

CRITICAL

Applies to

Proposed order

Include all necessary information in a proposed order because the Court will not fill in blanks such as hearing dates or attorney information.

Include all necessary information in your proposed order, as the Court will not fill in the blanks (hearing dates/attorney/etc.).

CRITICAL

Applies to

Proposed order

Include in the opening paragraph of the Order the hearing or trial date and the names of counsel and parties who were present at the hearing. If a party did not appear after having received proper notice of the hearing, the Order should so indicate.

Include in the opening paragraph of the Order the hearing or trial date and the names of counsel and parties who were present at the hearing. If a party did not appear after having received proper notice of the hearing, the Order should so indicate.

CRITICAL

Applies to

Motion to reset sale

A motion to reset a sale, or a sale reset in a motion or order cancelling a sale, must include the specified rescheduling language.

Motions to reset sales, or the resetting of a sale included in a Motion/Order Cancelling a Sale, SHALL include the following language: The public sale is hereby rescheduled to take place online at www.polk.realforeclose.com at 10:00 a.m. on __________________________, 2026 after the requirements of Florida Statutes Section 45.031 have been complied with, no sooner than ______ days from the date hereof.

CRITICAL

Applies to

Plaintiff motion to cancel sale

Must include

proposed order

The plaintiff’s motion to cancel a sale must include a proposed Order Cancelling the Sale.

Plaintiff’s motion shall include a proposed Order Cancelling the Sale.

CRITICAL

Applies to

Proposed order

An unopposed proposed order submitted without a prior hearing must include a copy of the motion and a cover letter.

All unopposed proposed orders submitted without a prior hearing must also be submitted with a copy of the motion and cover letter.

CRITICAL

Applies to

Proposed order

Attach an e-filed cover letter when submitting a proposed order.

Prior to submitting your proposed order, and to make sure there are no unnecessary delays, Along with the proposed order, an e-filed cover letter must be attached.

CRITICAL

Applies to

Probate case

Every probate case must include the listed documents, including the will and codicils if applicable.

In addition to the specific petitions and information required for each type of proceeding, you will also be required to file the following in every case: 1. Certified copy of decedent’s death certificate 2. Affidavit of Heirs 3. The original last will and testament and any codicils (if applicable) 4. Proof of service of formal notice of the petitions, or joinder, waiver, and consent to the petition by all interested parties

CRITICAL

Applies to

Death certificate

A certified copy of the death certificate must be provided.

Do you have a certified copy of the death certificate?

CRITICAL

Applies to

Emergency email

If you believe the matter you have submitted for review is eligible for emergency relief or must be reviewed on an expedited basis, please state that it is an “Emergency” in the subject line of your email and include a courtesy copy of your motion and all attachments.

If you believe the matter you have submitted for review is eligible for emergency relief or must be reviewed on an expedited basis, please state that it is an “Emergency” in the subject line of your email and include a courtesy copy of your motion and all attachments.

CRITICALCivil cases

Applies to

Proof of service

The proof of service must include a declaration made under penalties of perjury.

Under penalties of perjury, I swear or affirm

CRITICALCivil cases

Applies to

Petition

The petition submission checklist requires completed joinders and waivers for all interested parties, or their signatures on the petition.

☐ Completed Joinder/Waivers for all interested parties or had them sign this petition?

CRITICALCivil cases

Applies to

Petition

Select one option indicating whether the deceased had a will filed in the probate or did not have a will.

The deceased (check one)

CRITICALCivil cases

The property must be identified by its legal description; a street address alone is insufficient.

Legal description of property (street address is not sufficient) [5.405(b)(4)]

CRITICAL

Applies to

Affidavit of heirs

The sworn Affidavit of Heirs must list all of the decedent’s blood and legally adopted relatives, whether living or deceased, including the person completing the form.

An Affidavit of Heirs is a sworn document that lists ALL RELATIVES OF THE DECEDENT. This includes blood relatives and legally adopted relatives regardless of whether or not they survived the decedent. In this document, you must list all relatives, including yourself.

CRITICAL

Applies to

Affidavit of heirs

An Affidavit of Heirs must be filed when the Court must determine the heirs of a person who died intestate.

In order to do that, an Affidavit of Heirs must be filed.

CRITICAL

Applies to

Petition to admit will

A Petition to Admit Will must be filed when applicable.

(Make sure you file a Petition to Admit Will)

CRITICALCivil cases

Applies to

Petition

Each interested party must sign the notarized petition, sign a joinder, waiver and consent, or be served formal notice with proof of notice filed with the court.

All interested parties must either 1) sign the petition and have their signature notarized, 2) sign a joinder, waiver and consent, or 3) be served formal notice and proof of notice filed with the court.

CRITICALCivil cases

Applies to

Proof of service

The proof of service must have signed receipts or other evidence of service on each addressee or the addressee’s agent attached.

Signed receipts or other evidence that service was made on each addressee or the address’s agent are attached.

CRITICAL

Applies to

Settlement approval petition

A petition for approval of settlement requires a hearing.

Petitions for approval of settlement require a hearing.

CRITICALCivil cases

Applies to

Petition

The petition must be verified.

Petition is verified [731.104, 5.020(e), 5.405(b)]

CRITICALCivil cases

Use a metes-and-bounds description if one exists.

use metes & bounds description if there is one

CRITICALCivil cases

Applies to

Affidavit of heirs

The affidavit must list all of the Decedent’s relatives, including the affiant if applicable.

For purposes of this document, you must list ALL RELATIVES (as indicated below) of the Decedent, including yourself, if applicable.

CRITICALCivil cases

Applies to

Petition

Check all applicable options describing the property's status at the time of the decedent's death.

At the time of the decedent’s death the property was (check all as applicable)

CRITICALCivil cases

The creditors’ claims must be addressed through one of the listed alternatives: they are statutorily barred, the petition alleges a diligent search and no estate indebtedness, or notice to creditors is given if any.

Creditors’ claims: _____ are statutorily barred [733.710]; OR _____ summary admin petition alleges a diligent search, and the estate is not indebted [5.530(a)(9)]; OR _____ notice to creditors, if any [5.040].

CRITICAL

Applies to

Original will

If the deceased left a will, the original will must be located and filed or deposited with the clerk.

Do you have the original will?  If yes, (make sure you deposit it with the clerk) go to question 5.  If no, please locate and file the original will.

CRITICAL

Applies to

Affidavit of heirs

For a relative who died before the decedent, the affidavit must give the relative’s name, indicate that the relative is deceased, and state the relative’s date of death.

If the relative was deceased at the time of the decedent’s death, please provide the deceased relative’s name, indicate that they are deceased, and their date of death.

CRITICALCivil cases

Applies to

Petition for summary administration

An Affidavit of Heirs must be filed with the petition.

An Affidavit of Heirs must be filed along with the petition.

CRITICALCivil cases

Applies to

Petition

The petition submission checklist requires an original or certified copy of the death certificate.

☐ Included an original or a certified copy of the Death Certificate?

CRITICALCivil cases

Applies to

Affidavit of heirs

The Affidavit of Heirs must identify each sibling relationship as full or half.

You must indicate whether the relationship is that of a full sibling or a half-relative (i.e., half-brother or half- sister).

CRITICALCivil cases

Applies to

Petition

Provide the surviving spouse's name, if any, and each interested heir's name, date of birth, and relationship to the decedent, if any.

The name of the decedent’s surviving spouse, if any, and the names and dates of birth of heirs of the decedent having an interest in the decedent’s estate, if any, and their respective relationships to the decedent are:

CRITICAL

Applies to

Petition

The petition must be completed in full, including beneficiaries, assets and values, creditors, and the proposed distribution.

Is the entire petition completed, including correct beneficiaries, all assets and values, any creditors, and proposed distribution of assets?  If yes, go to question 6.  If no, please complete the petition in its entirety.

CRITICAL

Applies to

Affidavit of heirs

Clearly answer every category and indicate “None” when there is no person in that category.

You must be clear with responses to all categories; if there is no person in the respective category ((i.e., the decedent was an only child, and therefore had no sibling(s)), please indicate “None.”

CRITICALCivil cases

Applies to

Petition for summary administration

The petition includes a declaration under penalties of perjury that the petitioner has read it and believes its allegations are true.

Under penalties of perjury, I declare that I have read the foregoing Petition for Summary Administration, and the facts alleged therein are true, to the best of my knowledge and belief.

CRITICALCivil cases

Applies to

Affidavit of heirs

The Affidavit of Heirs must provide each sibling’s name and address, or, if deceased, the sibling’s name, deceased status, and approximate date of death.

(Provide name and address; or if deceased, provide name, indicate deceased, and approximate date of death.)

CRITICALCivil cases

The court must have jurisdiction over beneficiaries through consent or formal notice.

Court has jurisdiction over beneficiaries [“Homestead Made Easy - Part3a,” Rohan Kelly, Fla. Bar Journal, Jul/Aug 1995, pp 56, 57, either through consent or formal notice] [731.301(2), 5.040]

CRITICALCivil cases

Applies to

Petition

Check each creditor-claim statement that applies.

With respect to the claims of creditors: (check each statement that is applicable)

CRITICALCivil cases

Applies to

Petition

The petition submission checklist requires a completed Affidavit of Heirs.

☐ Completed the Affidavit of Heirs?

CRITICALCivil cases

The filing must state the property's actual acreage, not merely that it is less than one-half acre.

State actual acreage (not just “less than ½ acre”) [Fla. Const. Art. X, § 4(a)(1)]