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

CRITICAL

Applies to

Continuance request

A written showing supporting a continuance must be signed by counsel and the party counsel represents.

Be advised that the Pretrial Conference and Final Hearing will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel and the party he or she represents.

CRITICAL

Applies to

Notice of hearing

A hearing notice must clearly state the hearing’s purpose, place, date, time, and length.

Any notice of hearing shall clearly specify the purpose, place, date, time and length of the hearing.

CRITICAL

Applies to

Final hearing scheduling order

Orders scheduling final hearings are required for all cases.

Although pretrial conferences are not required for hearings that are scheduled for less than two hours, orders scheduling final hearings are required for all cases.

CRITICAL

Applies to

Equitable distribution spreadsheet

A spreadsheet containing a proposed equitable-distribution chart is included in the required materials.

A spreadsheet with a proposed chart of equitable distribution.

CRITICAL

Applies to

Witness list

The witness list must provide names, addresses, and telephone numbers for likely witnesses and specifically identify expert witnesses.

A witness list giving all names, addresses, and telephone numbers of individuals who are likely to be called as a witness. The witness list shall specifically designate all expert witnesses.

CRITICAL

Applies to

Motion

The written motion must detail the factual circumstances requiring immediate judicial action.

written motion detailing the factual circumstances requiring immediate judicial action.

CRITICAL

Applies to

Notice of hearing

Every hearing notice must state whether a court reporter has been or will be booked.

Further, all notices of hearing shall state whether a court reporter has been and/or will be booked for the hearing.

CRITICAL

Applies to

Parenting plan

A parenting plan must be filed with the Court as provided in the referenced Uniform Order Setting Final Hearing and Pretrial Conference.

A parenting plan shall be filed with the Court as provided in the Uniform Order Setting Final Hearing and Pretrial Conference referenced in Section 5 of this Administrative Order.

CRITICAL

Applies to

Expert witness list

The final expert witness list must disclose the substance of proposed expert opinions and include at least three dates when the expert and disclosing counsel are available for deposition.

No later than sixty (60) days before the Pretrial Conference, each party shall file and exchange their final Expert Witness List, which specifically discloses the substance of any expert opinions to be offered at trial. All experts must be made available for deposition at least thirty (30) days before the Pretrial Conference and the expert disclosure shall include at least three (3) dates when the expert and disclosing counsel are available for deposition.

CRITICAL

Applies to

Notice of hearing

Additional motions may be noticed for the same hearing only if counsel stipulate in writing, the judicial assistant is informed, the Court approves, and an amended or cross notice is served and filed.

Counsel shall not notice additional motions to be heard at the same time as motions previously noticed for hearing unless both counsel stipulate in writing that any additional motions can be heard at the same time, the judicial assistant is informed, the Court approves, and an amended notice of hearing or a cross notice of hearing is served and filed.

CRITICAL

Applies to

Family case filing

Each party must provide their own Social Security number and each minor child’s full name, date of birth, and Social Security number.

Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage.

CRITICAL

Applies to

Pretrial memorandum

The pretrial memorandum must have a current, fully executed Financial Affidavit attached.

7. The following shall be attached to the pretrial memorandum described above in Section 7: a. A current and fully executed Financial Affidavit.

CRITICAL

Applies to

Final exhibit list

The final exhibit list must specifically disclose and identify trial exhibits; a generic reference to all discovery does not comply.

No later than thirty (30) days before the Pretrial Conference, each party shall file and exchange their final Exhibit List, which specifically discloses and identifies the exhibits to be offered at trial. A generic statement disclosing “all discovery in this action”, alone, does not comply with this section.

CRITICAL

Applies to

Motion

Must include

caption

Motions must follow the specified caption rule, place the assigned section number beneath the case number, and use a title that states the motion’s purpose.

D. All motions shall be captioned in accordance with Florida Family Law Rule of Procedure 12.100. All motions shall include the number of the assigned section placed beneath the case number. All motions shall have a title which indicates the purpose of the motion; simply stating “Motion” is insufficient.

CRITICAL

Applies to

Child support guideline worksheet

A Child Support Guideline Worksheet is included in the required materials.

A Child Support Guideline Worksheet.

CRITICALCivil cases

Applies to

Financial disclosure

Each party must file and exchange financial affidavits and mandatory disclosure.

Florida Family Law Rule of Procedure 12.285 requires that each party file and exchange financial affidavits and mandatory disclosure.

CRITICAL

Applies to

Proposed final judgment

The proposed final judgment must state that the Court approves the marital settlement agreement and makes it part of the judgment.

The proposed final judgment must reflect that the parties’ marital settlement agreement is approved by the Court and that it is made a part of the proposed final judgment.

CRITICAL

Applies to

Parenting plan

Parenting plans associated with Final Judgments must have a separate signature line for the judge.

Parenting plans associated with Final Judgments shall ... have a separate signature line for the judge.

CRITICAL

Applies to

Notice of hearing

Hearing dates must be cleared with opposing counsel before notice is filed, and the notice must state that they were cleared or explain why a good-faith attempt was unsuccessful.

All hearing dates shall be cleared with opposing counsel prior to notices being filed. This fact shall be shown on the face of the notice itself by inserting the following: “The above hearing has been cleared with opposing counsel’s calendar on (date).” In the alternative, if counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be used: “The above hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

CRITICAL

Applies to

Notice of hearing

A notice of hearing must be filed as a document separate from the pleading for which the hearing is scheduled.

Any notice of hearing shall be filed as a document separate from the pleading for which the hearing is scheduled.

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

Written notice of hearing cancellation

The party who set the hearing must file a written notice of cancellation.

it is that party’s responsibility to file a written notice of cancellation of the hearing

CRITICAL

Applies to

Jury instructions

Defendant must provide only special jury instructions not included in Plaintiff’s submission.

Defendant shall provide only special instructions not included in Plaintiff’s submission.

CRITICALCivil cases

Applies to

Civil case management plan

The case track on the Civil Case Management Plan must be selected with a check mark or an X.

I. Case Track Assignment (track must be selected with a “check mark” or “X”):

CRITICALCivil cases

Applies to

Joint notice of arbitrator selection

The parties must file an original joint notice identifying the selected arbitrator’s name, address, and telephone number with the Court’s Alternative Dispute Resolution Services Program.

The parties shall file the original joint notice of the name, address, and telephone number of the selected arbitrator with the Court's Alternative Dispute Resolution Services Program, P.O. Box 9000, Drawer J-112, Bartow, Florida 33831-9000.

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 office.

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

CRITICAL

Applies to

Proposed order

A proposed order must include all necessary information 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.

CRITICALCivil cases

Applies to

Initial pleading

An initial pleading must include the preapproved Civil Case Management Plan to be accepted for filing.

Initial pleadings that do not include the preapproved Civil Case Management Plan will not be accepted by the Clerk of the Circuit Court.

CRITICAL

Applies to

Notice of hearing

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

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 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 08 Virtual +1 863-225- 520 540 Courtroom 4022 847# 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 08 Virtual Courtroom”.

CRITICALCivil cases

Applies to

Case management plan and order

Parties seeking complex-case designation must initially file the General Track Case Management Plan and Order.

Parties seeking to have a case designated as complex must initially file and serve the General Track Case Management Plan and Order

CRITICALCivil cases

Applies to

Arbitrator statistical summary form

The chief arbitrator must complete and return the Arbitrator Statistical Summary Form after the time to file motions directed to the written decision expires.

11. The chief arbitrator shall complete the Arbitrator Statistical Summary Form and return it to the Court’s Alternative Dispute Resolution Services program within twenty (20) days after the time for filing any motions directed to the written decision has expired.

CRITICALCivil cases

Applies to

Arbitrator acceptance form

The original Arbitrator Acceptance Form is to be returned to the ADR Director at the listed address.

Return Original To: ADR Director, P.O. Box 9000, Drawer J-112, Bartow, FL 33831-9000

CRITICALCivil cases

Applies to

Small claims filing

A party invoking the Florida Rules of Civil Procedure in a small claims case must submit a written order invoking the rules together with a case management plan.

The party invoking the Florida Rules of Civil Procedure must submit a written order invoking the rules along with a case management plan.

CRITICAL

Applies to

Emergency motion fax

For a non-ex-parte Emergency Motion, the fax must include a cover letter stating that the submission was copied to opposing counsel or the unrepresented party.

Unless the Emergency Motion is being submitted ex parte, the fax shall include a cover letter that indicates that this submission has been copied to the opposing counsel/unrepresented party, who may send in a timely response per the procedure of this Judge’s office.

CRITICAL

Applies to

Motion for default final judgment

A properly noticed hearing is required for a motion for Default Final Judgment in a residential or commercial foreclosure case unless counsel or the parties stipulate to the judgment.

The Judge WILL NOT grant any Motions for Default Final Judgment on residential or commercial foreclosure cases without a properly noticed hearing. The only exception to this would be if the Default Final Judgment was stipulated to by counsel/parties.

CRITICALCivil cases

Applies to

Civil case management plan

To seek complex designation, the filer must first file and serve the General Track Case Management Plan and Order, then file an appropriate motion to declare the case complex under Rule 1.201.

If seeking to have a case designated as complex, filer MUST initially file and serve the General Track Case Management Plan and Order and thereafter comply with rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.

CRITICAL

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

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

CRITICALCivil cases

Applies to

Trial order

The Trial Order provides the trial period, pretrial date and time, exhibit-exchange timeframe, pretrial-statement requirements and filing date, and other requirements set by the assigned judge.

The Trial Order will provide: a. The trial period; b. The pre-trial date and time; c. The timeframe for the parties to meet and exchange of exhibits; d. The pre-trial statement requirements and required filing date; e. Any other trial requirements set forth by the assigned judge.

CRITICAL

Applies to

Jury instructions and verdict form

Plaintiff must provide proposed jury instructions and a proposed verdict form.

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

CRITICALCivil cases

Applies to

Civil case management plan

The Civil Case Management Plan must identify the selected case track with a check mark or an X.

IV. Case Track Assignment (track must be selected with a “check mark” or “X”):

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the hearing location.

Include in the Notice of Hearing the location of the hearing.

CRITICALCivil cases

Applies to

Civil case management plan

At the onset, the plaintiff must determine the case management track and file the completed preapproved plan with the civil cover sheet, complaint, and summonses; no separate approval order is necessary.

Plaintiff shall, at the onset and based on the definitions outlined below, determine the appropriate case management track for the case: streamlined, general, or complex. The Court preapproves by this Administrative Order the attached Civil Case Management Plan (Attachment A). Plaintiff shall file the completed preapproved Civil Case Management Plan in the case at the same time as the civil cover sheet, complaint, and summons(es) to be served upon all defendants. An explanation of how to utilize Attachment A is attached as Attachment B. A separate order approving the Civil Case Management Plan is not necessary because the plan in Attachment A is preapproved by this Administrative Order.

CRITICAL

Applies to

Non emergency motion to cancel sale

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

Notice of confidential information

When a filing contains Social Security numbers, bank account numbers, or other non-public information, filers must submit a Notice of Confidential Information identifying each location and page and the type of confidential information.

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.

CRITICALCivil cases

Applies to

Civil case management plan

The filer must indicate the case track designation pursuant to Florida Rule of Civil Procedure 1.200(b)(1–3).

Filer MUST indicate which track the case should be designated, pursuant to 1.200(b)(1-3) Fla. R. Civ. Pro.

CRITICALCivil cases

Applies to

Civil case management plan

The filer must insert the name of the county where the case is filed.

Filer MUST insert the name of the county in which the case is being filed.

CRITICALCivil cases

Applies to

Arbitration decision envelope

The envelope must indicate on its face that its contents are exempt from public access under Florida Rule of Civil Procedure 1.820(g)(3).

The face of the envelope must indicate that the contents are exempt from public access in accordance with Florida Rule of Civil Procedure 1.820(g)(3).

CRITICALCivil cases

Applies to

Civil case management plan

The Civil Case Management Plan for streamlined and general cases includes the listed minimum deadlines for service, parties, discovery, motions, objections, and alternative dispute resolution.

The following minimum deadlines are included in the Civil Case Management Plan for streamlined and general cases: i. Deadline for service of complaints; ii. Deadline for service under extensions; iii. Deadline for adding new parties; iv. Deadline for completion of fact discovery; v. Deadline for completion of expert discovery; vi. Deadline for filing and service of motions for summary judgment; vii. Deadline for filing and resolution of all objections to the pleadings; viii. Deadline for filing and resolution of all pretrial motions; and ix. Deadline for completion of alternative dispute resolution.

CRITICAL

Applies to

Order to show cause

An Order to Show Cause packet must include a final hearing date obtained by email before submission; a packet with a blank date will be returned for correction.

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. If this is sent in with a blank for the final hearing date, it will be returned with a memo directing the attorney to email for available dates and resubmit with the date filled in.