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

CRITICALCivil cases

Applies to

Proposed order

A proposed order submitted without a hearing must include a copy of the motion.

All proposed orders being submitted without a hearing must be submitted with a copy of the motion.

CRITICALCivil cases

Applies to

Proposed order granting continuance

The proposed continuance order, or a separate order submitted with it, must state the agreed new date, time, and location for both the Pre-Trial Conference and Trial.

C. The proposed Order Granting Continuance (or a separate order submitted simultaneously with the proposed Order Granting Continuance) shall include the agreed upon new date/time/location for both the Pre-Trial Conference and Trial

CRITICALCivil cases

Applies to

Transmittal letter

A transmittal letter accompanying a proposed order must show that copies of the letter and proposed order were sent to opposing counsel.

When sending in 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.

CRITICALCivil cases

When filing documents containing specified confidential information in the identified case types, identify where it appears and what type of information or provision applies.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

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

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

CRITICALCivil cases

Applies to

Exhibit label

The party submitting an exhibit must complete every label field except “admitted” and “excluded.”

The party submitting the exhibit shall fill in all blanks on the label except “admitted” and “excluded.”

CRITICALCivil cases

Applies to

Notice of hearing

For a virtual hearing, the Notice of Hearing must include the specified Microsoft Teams notice, courtroom link, and access instructions.

If the hearing will be held virtually, the following virtual information must be included on 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 15 Virtual 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 15 Virtual Courtroom”.

CRITICALCivil cases

Applies to

Foreclosure packet

Include enough copies of the Judgment and pre-stamped, correctly addressed envelopes in the foreclosure packet for all entitled recipients.

Counsel must include in the foreclosure packet sufficient copies and pre-stamped, correctly addressed envelopes for all persons entitled to receive a copy of the Judgment.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders must include all necessary information, including hearing dates and attorney information, because the Court will not fill in blanks.

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

CRITICALCivil cases

Applies to

Notice of cancellation

Only the party who set a hearing may cancel it; that party must file a written cancellation notice and notify all participants, including court reporters.

Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written notice of cancelation of the hearing and to notify all participants of the cancellation, including court reporters.

CRITICALCivil cases

Applies to

Motion in limine

A Motion in Limine must state its grounds with particularity, identify the substantial legal matters to be argued, and identify the evidence or supporting material relied upon.

E. 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.

CRITICALCivil cases

Applies to

Proposed order to show cause

A proposed Order to Show Cause must include a final hearing date confirmed by email before submission; an order with that date blank will be returned.

Proposed Orders to Show Cause must include a final hearing date that is confirmed by email before submitting the proposed order for the Judge’s consideration. If this is submitted with a blank for the final hearing date, it will be returned.

CRITICALCivil cases

Applies to

Notice of hearing

The Notice of Hearing must state the hearing location; for an in-person hearing, include the courthouse address and hearing room.

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 6C-1 (Sixth Floor, Blue Elevators).

CRITICALCivil cases

Applies to

Proposed order

The proposed order must state what further activity will or will not be permitted.

Additionally, the proposed order must reflect what further activity will or will not be permitted.

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing may be prepared after the Court confirms the hearing date and time.

The parties, or counsel for the parties, will receive e-mail confirmation from the Court advising that the motion has been scheduled or that the time is no longer available. If the date and time is confirmed, the Notice of Hearing may be prepared.

CRITICALCivil cases

Applies to

Foreclosure packet

For a stipulated default final judgment, submit the signed stipulation with the packet and file and provide a hard copy of the notarized Affidavit of Compliance.

A copy of the signed stipulation would need to be submitted along with the packet and filings would still need to be in compliance with local Administrative Order No. 3-29.2 (which includes filing and providing a hard copy of a notarized Affidavit of Compliance).

CRITICALCivil cases

Applies to

Order to show cause

An Order to Show Cause must state a final hearing date confirmed by email before packet submission; a blank date will result in return of the packet.

Orders to Show Cause regarding entry of Foreclosure Judgments must include a final hearing date that is confirmed by email before submitting the packet for the Judge’s consideration. If this is sent in with a blank for the final hearing date, it will be returned.

CRITICALCivil cases

Applies to

Proposed jury instructions

Plaintiff must provide a complete set of proposed jury instructions, while Defendant may provide only special instructions not included in Plaintiff’s submission.

A. 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.

CRITICALCriminal cases

Applies to

Motion

Every motion must state whether opposing counsel objects or does not object.

All motions must state opposing counsel’s objection or lack of objection.

CRITICALCriminal cases

The Defendant must be present for mandatory docketing, and counsel cannot waive that presence.

The Defendant MUST be present for mandatory docketing; counsel cannot waive the Defendant’s presence for Mandatory Docketing.

CRITICALCriminal cases

Applies to

Motion for probation modification or termination

Counsel filing a motion to modify or terminate probation must file it with the Probation Officer’s Recommendation Report.

Defendants Represented by Counsel: Counsel shall file the Motion for Modification and/or Termination with the Probation Officer’s Recommendation Report. See Exhibit C for the Probation Officer form.

CRITICALCriminal cases

Applies to

Notice of hearing

Every Notice of Hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

If a need arises for a remote appearance of counsel or a witness, a written Motion and proposed Order to appear virtually must be submitted to the court no later than three (3)business days prior to the scheduled hearing or the Motion will not be considered.

If a need arises for a remote appearance of counsel or a witness, a written Motion and proposed Order to appear virtually must be submitted to the court no later than three (3)business days prior to the scheduled hearing or the Motion will not be considered.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

An agreed motion to continue a Pretrial Conference or Arraignment must be submitted with a proposed order.

An agreed upon Motion for Continuance of Pretrial Conference or Arraignment and a proposed Order must be submitted no later than 1:00 p.m. three (3) business days prior to scheduled hearing.

CRITICALCriminal cases

Applies to

Emergency motion

A party seeking an emergency hearing based on a factual basis must file a detailed motion stating the issues, why an emergency hearing is necessary, and the time needed for each party’s presentation.

Requirements: If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICALCriminal cases

Applies to

Waiver of status conference

Defense counsel may waive a regularly scheduled status conference in Polk Felony Divisions F4 by filing a document titled Waiver of Status Conference, reflecting that the Defendant is waiving the status conference and requesting the case be passed to the previously scheduled Pretrial Conference.

Defense counsel may waive a regularly scheduled status conference in Polk Felony Divisions F4 by filing a document titled Waiver of Status Conference, reflecting that the Defendant is waiving the status conference and requesting the case be passed to the previously scheduled Pretrial Conference.

CRITICALCriminal cases

Applies to

Probation modification or termination request

Pro se defendants seeking to modify or terminate probation must submit a written request to the Felony Clerk at the stated address.

Pro Se Defendants: Defendants 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.

CRITICALCriminal cases

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

CRITICALCriminal cases

Applies to

Waiver of appearance

Defendants must appear in person at all hearings unless a waiver of appearance has been filed.

All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed.

CRITICAL

Applies to

Marital settlement agreement

The fully executed marital settlement agreement must be filed before the proposed final judgment is submitted.

The parties’ fully executed marital settlement agreement shall be filed with the court prior to submission of a proposed final judgment and shall be referenced by title and date of execution in the proposed final judgment.

CRITICAL

Applies to

Mediation referral order

Use the Order of Referral to Mediation for all mediation referrals to the Tenth Circuit Mediation Services.

The Order of Referral to Mediation, as set forth in Administrative Order 5.33.4 (or as later amended by the Court), shall be utilized for all referrals of mediation to the Tenth Circuit Mediation Services.

CRITICAL

Applies to

Proposed order

When a support award is payable through the State Disbursement Unit, the party submitting the proposed order must prepare and include all documents with information required by the Clerk to operate the depository.

When the Court directs that payment of a support award is to be paid through the State Disbursement Unit, the party submitting the proposed order must prepare and include all documents with sufficient information as required by the Clerk of Court in operating the depository as described in Section 61.181, Florida Statutes.

CRITICAL

Applies to

Final judgment

A final judgment should state the hearing date and attendees, jurisdiction, the Court’s findings and conclusions of law, and parenting-plan findings with language addressing the children’s best interests.

The contents of a final judgment should include: 1. The date of the hearing and the persons who attended the hearing. 2. Jurisdiction of parties and action, e.g. residency and dissolution of marriage. 3. Findings and conclusions of law announced by the Court. 4. Findings regarding parenting plans include specific language concerning the children’s best interest.

CRITICAL

Applies to

Income withholding order

If the Court orders income withholding, submit the income withholding order at the same time as the order or final judgment.

If the Court orders an income withholding order, the income withholding order must be submitted contemporaneously with the order or final judgment.

CRITICAL

Applies to

Judgment or order involving time sharing schedule

Judgments and orders involving time-sharing schedules for minor children must include a parenting plan.

All judgments and orders involving time-sharing schedules for minor children shall include a parenting plan.

CRITICAL

Applies to

Notice of related cases

The Notice of Related Cases uses Florida Family Law Rules of Procedure Form 12.900(h).

The applicable form is Florida Family Law Rules of Procedure Form 12.900(h).

CRITICAL

Applies to

Pretrial memorandum

The pretrial memorandum must contain relevant information about the marriage and children, including the specified dates and children’s names and ages.

At least three (3) days prior to the Pretrial Conference, the attorneys for the parties are directed to each file with the court and serve upon opposing counsel a memorandum containing the following information and attachments if relevant based on the pleadings. The memorandum shall not be deemed to amend the pleadings. a. THE MARRIAGE i. Date and place of marriage. ii. Date of separation. iii. Date of filing petition for dissolution of marriage. b. THE CHILDREN i. Names and ages of the children involved, if any.

CRITICAL

A. Any party who seeks relief on an emergency or expedited basis shall file a verified,

A. Any party who seeks relief on an emergency or expedited basis shall file a verified,

CRITICAL

Applies to

Ex parte motion for temporary relief

A party seeking ex parte temporary relief not covered by the standing order must file a verified written motion detailing the facts requiring immediate judicial action without notice to the opposing party.

Any party who seeks temporary relief not provided under the Standing Temporary Order for Dissolution of Marriage on an ex parte basis under Florida Rule of Civil Procedure 1.610 or Florida Family Law Rule of Procedure 12.610, shall file a verified, written motion detailing the factual circumstances requiring immediate judicial action without notice to the opposing party.

CRITICALCivil cases

Applies to

Certificate of completion

Each party must file a course-completion certificate before entry of final judgment.

Each party to a dissolution action shall file a certificate of completion of the course with the court prior to the entry of the final judgment.

CRITICAL

Applies to

Exhibit

Documents intended for admission into evidence must be pre-marked with exhibit identification information before any hearing.

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

Final hearing and pretrial conference order

Use the Uniform Order Setting Final Hearing and Pretrial Conference to schedule contested family law cases requiring at least two hours for the final hearing.

The Uniform Order Setting Final Hearing and Pretrial Conference, as referenced herein, shall be used for scheduling contested family law cases that require two hours or more for the final hearing.

CRITICAL

Applies to

Final exhibit list

The required materials include the previously filed final Exhibit List identifying all exhibits intended for trial.

The final Exhibit List previously filed with the Court identifying all exhibits that the party intends to use at trial.

CRITICAL

Applies to

Parenting plan

When the parties agree to a parenting plan, the form provides for each parent to sign and date a certification that they were open and honest, are satisfied with the plan, and intend to be bound by it.

SIGNATURES OF PARENTS (Where parenting plan was achieved by agreement of the parties) I certify that I have been open and honest in entering into this Parenting Plan. I am satisfied with this Plan and intend to be bound by it effective the date signed below. Dated: ________________________ ___________________________________________ Signature of Mother Printed Name: _______________________________ I certify that I have been open and honest in entering into this Parenting Plan. I am satisfied with this Plan and intend to be bound by it effective the date signed below. Dated: ________________________ ___________________________________________ Signature of Father Printed Name: _______________________________

CRITICAL

Applies to

Notice of related cases

When related cases are known or reasonably ascertainable, the petitioner must file a Notice of Related Cases.

“[I]f related cases are known or reasonably ascertainable”, the petitioner shall comply with Florida Rule of Judicial Administration 2.545(d) by filing a Notice of Related Cases.

CRITICAL

Applies to

Supplemental petition for modification

Substantial changes to the Parenting Plan require filing a supplemental petition for modification.

Any substantial changes to the Parenting Plan must be sought through the filing of a supplemental petition for modification.

CRITICAL

Applies to

Notice of cancellation

The party canceling a hearing must serve and file written notice of cancellation and notify the judicial assistant.

The party canceling the hearing shall serve and file a written notice of cancelation of the hearing and notify the judicial assistant.

CRITICAL

Applies to

Final witness list

The final witness list must specifically disclose the substance of the witness testimony.

No later than thirty (30) days prior to the Pretrial Conference, each party shall file and exchange their final Witness List, which specifically discloses the substance of the witness testimony.

CRITICAL

Applies to

Parenting plan form

If a nonlawyer helped complete the form, fill in whether it was prepared for the Mother or Father and the assistant’s identifying and contact information.

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ☐ Mother ☐ Father This form was completed with the assistance of: {name of individual} ____________________________________________________________, {name of business} _____________________________________________________________, {address} _____________________________________________________________________, {city} ______________, {state} ____, {zip code} _______, {telephone number} _____________.

CRITICAL

Applies to

Support award order

An order awarding child or spousal support must include the findings underlying the support calculation, including applicable information such as income, insurance, and daycare.

Orders including a child or spousal support award must include the findings that are the basis for the calculation of support as required by Florida law (including income, insurance, daycare, etc.).