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

CRITICALCivil cases

Applies to

Petition

An Affidavit of Heirs must be completed with the petition form.

An Affidavit of Heirs must be completed along with this form.

CRITICAL

Applies to

Remote appearance motion

A motion for remote appearance must state good cause and 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 the remote appearance.

CRITICAL

Applies to

Proposed order submission

When the original will is docketed in a separately numbered case, include that additional case number in the proposed-order email submission and in the text of the order admitting the will to probate.

If the original will has been docketed in a separately numbered case (i.e., when a suggestion of death is filed in advance of the opening of an estate and generates separate CP or WL case number), you must specify that additional case number in the email submission of the proposed orders, as well as in the text of the proposed order admitting the will to probate.

CRITICAL

Applies to

Deed

If distributing real property, provide the deed with a full legal description.

If you wish to distribute real property, have you provided the deed with a full legal description?

CRITICALCivil cases

Applies to

Petition

Attach a deed or another complete legal description of the property; the property appraiser's records generally will not provide one.

Please also attach a deed or other complete legal description of the property Please note that the property appraiser's records generally will not include a full legal description.

CRITICAL

Applies to

Recent statement

If distributing personal property such as bank accounts, insurance policies, or stocks, provide a recent statement showing its current amount or value.

If you wish to distribute personal property such as bank accounts, insurance policies, or stocks, have you provided a recent statement reflecting the current amount or value?

CRITICAL

Applies to

Notice of hearing

File a notice of hearing stating whether the event will be in person or remote.

You must file a notice of hearing that will advise if your event is in person or remote.

CRITICALCivil cases

Applies to

Order

The order must not direct a personal representative to surrender property because there is no personal representative in summary administration.

Order does not direct personal representative to surrender property (no PR in summary admin)

CRITICALCivil cases

Applies to

Affidavit of heirs

When applicable, the affidavit must indicate whether a relative is a half-relative.

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

CRITICALCivil cases

Applies to

Petition

The petition calls for the property's address and an allegation that the decedent owned and resided there at death.

At the time of the decedent’s death, the decedent owned and resided on the real property located at (address of property)

CRITICALCivil cases

Applies to

Petition

Check each survivor-status statement that applies.

(check next to each statement that is applicable)

CRITICAL

Applies to

Vehicle title or documentation

If distributing a vehicle, provide its title or documentation that includes the VIN.

If you wish to distribute personal property such as a vehicle, have you provided the title or documentation including the VIN?

CRITICALCivil cases

Applies to

Affidavit of heirs

For each relative who died before the Decedent, the affidavit must give the relative’s name, indicate that the relative is deceased, and provide an approximate date of death.

If the relative was deceased at the time of the Decedent’s death, please provide the deceased relative’s name, indicated deceased, and approximate date of death.

CRITICALCivil cases

Applies to

Petition for summary administration

The petition form provides for each petitioner's instrument to be sworn to, subscribed, and acknowledged before a notary or deputy clerk.

The foregoing instrument was sworn to, subscribed and acknowledged this ___ day of ___________, 20___, by _________________________ , who is ( ) personally known to me or ( ) produced _________________________________ as identification.

CRITICALCivil cases

Applies to

Petition to admit will into probate

The petitioner must attest that the petition’s facts are true to the best of their knowledge and belief under penalties of perjury.

And does so under the penalties of perjury, having read the foregoing, and attested to the facts as true, to the best of my knowledge and belief.

CRITICAL

Applies to

Pleading or petition

As a result, any issue to be considered by the Court should be in the form of a pleading or petition filed with the Court and copies provided to all parties of record.

As a result, any issue to be considered by the Court should be in the form of a pleading or petition filed with the Court and copies provided to all parties of record.

CRITICALCivil cases

Applies to

Petition

Provide the property's approximate acreage.

☐ consisted of approximately __________ acres (required)

CRITICALCivil cases

Applies to

Petition for summary administration

A recent statement showing current value must be provided for bank accounts, insurance accounts, and other financial assets.

For any bank account, insurance accounts, or other financial assets, you must provide a recent statement reflecting on the current value.

CRITICALCivil cases

Applies to

Affidavit of heirs

If a child is not biologically related to both the Decedent and the spouse at the time of death, the affidavit must name that child’s other biological parent.

If any of the children are NOT biologically related to BOTH the Decedent and the spouse at the time of death, provide the name of that particular child’s other biological parent.

CRITICALCivil cases

Applies to

Order

The order must correctly reflect title to the beneficiaries.

Order correctly reflects title to beneficiaries [5.405(c)]

CRITICALCivil cases

Applies to

Petition

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

The Petitioner, under the penalties of perjury, declares that the foregoing facts have been read and are true to the best of their knowledge and belief.

CRITICALCivil cases

Applies to

Petition

Before relief may be granted, each interested party must sign the petition with a notarized signature, file a joinder, waiver, and consent, or be served by formal notice.

Before the relief can be granted all interested parties must either: 1) sign this petition and have their signature notarized, 2) sign a joinder, waiver and consent that is filed with the court, or 3) be served by formal notice with a copy of the return of service filed with the court.

CRITICALCivil cases

Applies to

Petition for summary administration

If the deceased left a will, the original will must be filed with the petition.

[If the deceased left a will, the original will must be filed with the petition]

CRITICALCivil cases

Applies to

Affidavit of heirs

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

Children of Decedent: (Provide names and addresses; or if deceased, provide name, indicate deceased, and approximate date of death.)

CRITICAL

Applies to

Order

Must include

certificate of service

Each order must include a certificate of service identifying the recipient and that party’s e-service or mailing address, as applicable.

All orders shall include a certificate of service at the bottom of the order indicating the name of the party who is to receive the order, as well as that party’s e-service address OR mailing address, if a hard copy is required.

CRITICALCivil cases

The filing must state whether the property is inside or outside a municipality.

Statement: Property inside or outside of a municipality [Fla. Const. Art. X, § 4(a)(1)]

CRITICALCivil cases

Applies to

Petition

If a spouse has waived homestead rights, attach a copy of the waiver.

A spouse who has waived their homestead rights. (attach a copy)

CRITICALCivil cases

Applies to

Petition

For all other assets, the petition submission checklist requires a complete recent statement.

☐ For all other assets, included a complete recent statement?

CRITICALCivil cases

Applies to

Affidavit of heirs

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

Parents of the Decedent. (Provide names and addresses; or if deceased, provide name, indicate deceased, and approximate date of death.)

CRITICAL

Applies to

Hearing request

A hearing request should state the county, full case number, case style, motions, involved attorneys or pro se parties, and requested time.

Hearing requests should be made by email and should include the county name, full case number, style of the case, type of motion(s) being heard, the attorneys and/or pro se parties involved, and the amount of time requested.

CRITICALCivil cases

Applies to

Petition for summary administration

A deed or another complete legal description of the property must be attached.

Please also attach a deed or other complete legal description of property.

CRITICALCivil cases

Applies to

Affidavit of heirs

The affidavit must provide the Decedent’s spouse’s name and address, or, if the spouse is deceased, the spouse’s name, deceased status, and approximate date of death.

Spouse of the Decedent. Provide name and address; or if deceased, provide name, indicate deceased, and approximate date of death.

CRITICAL

Applies to

Affidavit of heirs

The required Affidavit of Heirs must be completed before moving forward.

Have you completed the required Affidavit of Heirs?  If yes, go to question 3.  If no, please complete before moving forward.

CRITICALCivil cases

Applies to

Petition

For real property, the petition submission checklist requires a deed showing the deceased owned the property and providing a full legal description.

☐ For any real property, included a deed showing the property was owned by the deceased with a full legal description?

CRITICAL

Applies to

Joinder waiver form

The beneficiaries must review the petition and sign a Joinder/Waiver form when applicable.

Have they reviewed the petition and signed a Joinder/Waiver form?

CRITICALCivil cases

Applies to

Affidavit of heirs

The affidavit must list each grandchild’s full name, parents’ names, and address.

Grandchildren of Decedent: List the full name of grandchildren of the Decedent, making sure to provide the name of such grandchild’s parents, and include the address for each grandchild.

CRITICALCivil cases

The filing must list the surviving spouse and lineal heirs, including the birth dates of any minors.

List surviving spouse & lineal heirs, including dates of birth of any minors [5.405(b)(3)]

CRITICAL

Applies to

Hearing time request

Must include

case number

A request for hearing times must include the case number, Defendant's name, matters to be heard, and time required.

Such requests must include the case number, Defendant's name, matter(s) to be heard, and time required.

CRITICAL

Applies to

Agreed motion to continue and proposed order

Agreed motions to continue and proposed orders must state the agreed proposed continued date.

Motions to Continue Pretrial/Arraignment: Agreed Motions to Continue and proposed orders, with language stating the agreed proposed continued date, MUST be submitted no later than 1:00 p.m. five business days prior to the scheduled hearing.

CRITICAL

Applies to

Motion

Motions must contain opposing counsel's position when appropriate.

ALL MOTIONS MUST CONTAIN OPPOSING COUNSEL'S POSITION ON THE MOTION, IF APPROPRIATE

CRITICAL

Applies to

Probation modification or termination request

A defendant seeking to modify or terminate probation must submit a written request to the Felony Clerk's office, the State Attorney's Office, and Florida Department of Corrections – Probation & Parole.

Defendants who wish to seek a modification and/or terminate their probation must submit the request in writing to the: - 1) Felony Clerk's office at: 490 S. Commerce Ave., Sebring, FL, 33870, - 2) Office of the State Attorney at: 411 South Eucalyptus Street, Sebring, FL 33870 - 3) Florida Department of Corrections – Probation & Parole at: 434 Fernleaf Avenue, Sebring, FL 33870 for processing.

CRITICAL

Applies to

Proposed order

Therefore, in lieu of the traditional “DONE AND ORDERED” date line and signature block, proposed orders should include the specialized code instead.

Therefore, in lieu of the traditional “DONE AND ORDERED” date line and signature block, proposed orders should include the specialized code instead.

CRITICALCivil cases

Motions to reset sales and sale-reset provisions in cancellation motions or orders 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 ______________________, 20__ after the requirements of Florida Statutes Section 45.031 have been complied with, no sooner than _______ days from the date hereof.

CRITICALCivil cases

Applies to

Hearing scheduling communication

If a good-faith attempt to clear a hearing is unsuccessful, use the specified statement with a factual explanation.

If counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be used: “The requested hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

CRITICALCivil cases

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 in bold type and in either Arial or Bookman Old Style 14-point font: 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 ADA Coordinator, 255 N. Broadway Ave., Bartow, FL 33830, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately on receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

CRITICALCivil cases

Applies to

Motion in limine or notice of hearing

Must include

certificate of conference

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

B. 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.

CRITICALCivil cases

Applies to

Foreclosure packet

File a notarized Affidavit of Compliance and include a copy in the foreclosure 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.

CRITICALCivil cases

Applies to

Cover letter

For an emergency motion not submitted ex parte, include an email 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.

CRITICALCivil cases

Applies to

Foreclosure packet

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

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

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing on a Motion in Limine must identify the specific issues that remain disputed after counsel confer.

C. The Notice of Hearing on the Motion in Limine must identify the specific issues which remain in controversy after counsel have conferred.