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

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.

CRITICALCivil cases

Applies to

Case summary

Unless the arbitrator directs otherwise, the parties must each submit a case summary to each arbitrator no later than ten (10) days before the scheduled hearing.

Unless the arbitrator directs otherwise, the parties must each submit a case summary to each arbitrator no later than ten (10) days before the scheduled hearing.

CRITICALCivil cases

Applies to

Civil case management plan

After the initial case management conference, an amended plan for a complex case includes the listed minimum deadlines and the additional deadlines under Rule 1.201(c).

The above minimum deadlines, plus the additional deadlines provided for in rule 1.201(c), Florida Rules of Civil Procedure, will be included in an amended civil case management plan for complex cases following completion of the initial case management conference.

CRITICAL

Applies to

Trial exhibit

The party submitting an exhibit must fill in every label blank except the “admitted” and “excluded” fields.

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

CRITICALCivil cases

Applies to

Civil case management plan

Counsel or unrepresented parties must sign the plan if it is submitted as an agreed-upon plan.

SIGNATURE OF COUNSEL/UNREPRESENTED PARTIES IF SUBMITTED AS AGREED UPON PLAN

CRITICALCivil cases

Applies to

Arbitrator application

Anyone seeking consideration for the qualified-arbitrator list must complete the application in its entirety.

This application must be filled out in its entirety if you wish to be considered for inclusion on the list of qualified arbitrators for the Tenth Judicial Circuit Court of Florida.

CRITICAL

Applies to

Default final judgment packet

Submit a copy of the signed stipulation with the packet, and file and provide a hard copy of the notarized Affidavit of Compliance under Administrative Order 3-29.2.

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

Proposed order

The order must list at the bottom the persons entitled to receive a copy.

Always list at the bottom of the order the persons who are entitled to receive a copy.

CRITICAL

Applies to

Plaintiff motion to cancel sale

Must include

proposed order

A 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.

CRITICALCivil cases

Applies to

Civil case management plan

The filer must insert a projected trial month and year in accordance with the stated time standards.

Filer MUST insert a projected MONTH AND YEAR in accordance with rule 2.250(a)(1)(B) Time Standards, Florida Rules of General Practice and Judicial Administration.

CRITICALCivil cases

Applies to

Order referring case to arbitration

The parties must provide the chief arbitrator with a copy of the referral order.

The parties shall provide the chief arbitrator with a copy of this Order.

CRITICALCivil cases

Applies to

Civil case management plan

The filer must indicate whether a jury or non-jury trial is demanded.

Filer MUST indicate if a Jury or Non-Jury Trial is demanded.

CRITICAL

Applies to

Objection

An objection to an order must include a proposed order that the objector 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.

CRITICALCivil cases

Applies to

Case management plan

When a case returns to active status after changing from active to inactive, a new case management plan must be filed.

If the status of a case is changed from “active” to “inactive” due to rule, statute, or the request of a party, a new case management plan must be filed once the case status is changed back to “active.”

CRITICAL

Applies to

Notice of hearing

If a good-faith attempt to clear a hearing fails, the Notice must include the specified statement and a factual explanation.

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

CRITICAL

Applies to

Motion to reset sale

A motion to reset a sale or a motion/order cancelling a sale that resets it must include the specified sale-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

Foreclosure packet

A notarized Affidavit of Compliance must be filed and included in the packet, or the Final Judgment will not be signed and processed.

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. Failure to include this document will prevent the Final Judgment from being signed and processed.

CRITICAL

Applies to

Proposed order

An order to show cause must include a final hearing date confirmed by email before submission, or it will be returned if the date is blank.

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 the proposed order is submitted with a blank for the final hearing date, it will be returned.

CRITICALCivil cases

Applies to

Motion

A motion to compel discovery without a hearing must allege complete nonresponse and include the specified certifications about conferring and providing copies.

A motion seeking to compel discovery without a hearing requires that: a. the motion allege the non-moving party has completely failed to provide any response or object to the discovery request; b. the moving party certify in the motion that the moving party has attempted to confer with the opposing party in an effort to obtain the discovery, to no avail; and c. the moving party certify in the motion that the non-moving party is provided a copy of the motion and proposed order.

CRITICALCivil cases

Applies to

Civil case management plan

The filer must include the parties using the same information as on the complaint and civil coversheet; the Clerk assigns the case number and section after successful filing.

Filer MUST include the parties, same information provided on the complaint and civil coversheet; case number and section will be assigned by the Clerk once successfully filed.

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.

CRITICALCivil cases

Applies to

Arbitrator application

The application must include the arbitration training certificate, a Florida Bar Card if applicable, a current resume or CV, and a statement of the applicant’s arbitration experience.

A copy of your Florida Supreme Court arbitration training certificate and, if applicable, a copy of your Florida Bar Card must be included with your application. Please attach a copy of your current resume or curriculum vitae and a statement as to any experience you have as an arbitrator.

CRITICAL

Applies to

Foreclosure packet

Counsel must include enough judgment copies and pre-stamped, correctly addressed envelopes for everyone entitled to receive a copy.

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

Notice of arbitration hearing

Must include

certificate of service

The notice form includes a certificate of service identifying the service method and recipient.

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by ☐ hand delivery/ ☐ mail/ ☐ fax and mail upon ______________________________________________

CRITICALCivil cases

Applies to

Arbitrator application

The completed application and supporting documentation must be returned to the Office of the Chief Judge at the listed address.

You must return the application with supporting documentation to: Office of the Chief Judge Polk County Courthouse P.O. Box 9000 Bartow, Florida 33831-9000

CRITICALCivil cases

Applies to

Proposed ex parte order to compel

The proposed ex parte order to compel must not include language about attorney’s fees or other expenses.

The proposed ex parte order to compel submitted under this administrative order shall not contain language regarding attorney’s fees or other expenses.

CRITICALCivil cases

Applies to

Civil case management plan

The filer must state the estimated amount of time needed for trial.

Filer MUST indicate the estimated amount of time needed for trial.

CRITICAL

Applies to

Motion

The original motion must be filed with the Clerk.

You must file the original with the Clerk

CRITICALCivil cases

Applies to

Statistical summary

The arbitrator must file the statistical summary within 20 days after the period for filing motions directed to the written decision expires.

The arbitrator shall file the statistical summary attached as Exhibit C within twenty (20) days after the time for filing any motions directed to the written decision has expired.

CRITICAL

Applies to

Civil case management plan

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

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

CRITICALCivil cases

Applies to

Motion to declare complex

Parties seeking complex-case designation must file an appropriate motion to declare the case complex in compliance with Rule 1.201.

thereafter comply with rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.

CRITICAL

Applies to

Emergency motion

Any emergency motion submitted for ex parte consideration, should clearly so state.

Any emergency motion submitted for ex parte consideration, should clearly so state.

CRITICALCivil cases

Applies to

Notice of non compliance

If there is a lack of cooperation or failure to meet an order-imposed time limit, the chief arbitrator must file a Notice of Non-Compliance.

If there is lack of cooperation and/or a failure to meet the time limits imposed by this Order, the chief arbitrator shall file a Notice of Non-Compliance

CRITICAL

Applies to

Foreclosure packet

A notarized Affidavit of Compliance must be filed, and a copy must be included 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.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must state the hearing location, the pleading being heard, and the hearing duration.

The location of the hearing must be included in the Notice of Hearing. In person hearings are held at eh Polk County Courthouse, 255 N. Broadway Avenue, Bartow, Fl 33830, in Hearing Room 8th B1 (Eight Floor, Red Elevators). The pleading being heard, along with the hearing duration must be set forth in the Notice of Hearing.

CRITICAL

Applies to

Proposed jury instructions

The Plaintiff must provide complete jury instructions, while the Defendant may provide only special instructions not included in the Plaintiff’s submission.

In accordance with the uniform Order Setting Pretrial Conference and Jury Trial and Directing Mediation, Plaintiff shall provide complete instructions. Defendant shall provide only special instructions not included in Plaintiff’s submission.

CRITICAL

Applies to

Notice of hearing or hearing setting order

All hearing notices and orders setting hearings must include the specified ADA notice.

The following ADA Notice must be included in all notices of hearings or orders setting hearing: “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 Court Administrator, 255 North Broadway, Bartow, FL 33830, (863) 534-4690, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

CRITICAL

Applies to

Hearing scheduling email

The scheduling email must provide the listed case and hearing details, clear proposed slots with opposing counsel or parties, and use the prescribed explanation if good-faith clearance attempts fail.

After completing the above, send an email to cmarazzito@jud10.flcourts.org (judicial assistant) providing the following information: 1 The case number, style of the case, and the names of the attorneys involved; 2 The motion being set for hearing; 3 The agreed upon the date and time for the hearing; 4 The agreed upon the length of time being reserved for the hearing (it is important that you schedule sufficient time for each party to have a fair opportunity to be heard regarding the issues); 5 Whether the hearing is being set for an in-person or virtual hearing; and date/time slots shall be cleared with opposing counsel or parties. If counsel’s good faith attempts 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)

CRITICAL

Applies to

Motion or order to reset sale

Motions to reset sales and sale-reset provisions in cancellation motions or orders must include the specified rescheduling language.

G. 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.realforesure.com at 10:00 a.m. on _______________, 20__ after the requirements of Florida Statues Section 45.031 have been complied with, no sooner than ________ days from the date hereof.

CRITICAL

Applies to

Emergency motion cover letter

For an emergency motion that is not submitted ex parte, the email must include a cover letter stating that the submission was copied to opposing counsel or the opposing party.

C. 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.

CRITICAL

Applies to

Notice of cancellation

Always provide the judge’s office with a Notice of Cancellation so the hearing or trial is removed from the calendar.

Please always provide a Notice of Cancellation to the judge’s office to make sure that the hearing or trial ahs been taken off the book.

CRITICAL

Applies to

Hearing cancellation

Only the party who set a hearing may cancel it.

Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written notice of the cancellation, including court reporters, interested parties and witnesses.

CRITICAL

Applies to

Notice of hearing

Do not send a notice of hearing until the judicial assistant confirms the hearing date and time.

If the date and time is confirmed, the Notice of Hearing may be prepared. Do not send out a notice of hearing until you have received confirmation from the judicial assistant.

CRITICAL

Applies to

Exhibit label

The party submitting an exhibit must complete every blank on its label except the admitted and excluded fields.

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

CRITICAL

Applies to

Joint motion to continue trial

A proposed order continuing trial may be submitted only if all parties and, if applicable, their attorneys have signed the joint motion; new pretrial and trial dates must be chosen when the motion is filed.

B. A proposed order continuing a trial may be submitted if all parties have signed the joint motion, along with their respective attorneys, if applicable. Additionally, in order to avoid delay in prosecution of the case, a new pretrial and trial date must be chosen at the time the joint motion is filed.

CRITICAL

Applies to

Motion for rehearing

The original Motion for Rehearing must be filed with the Clerk, and a courtesy copy must be emailed to the stated address.

B. You must file the original with the Clerk and email a courtesy copy to c marazzito@jud10.flcourts.org.

CRITICAL

Applies to

Proposed order

The specified proposed-order submissions must include copies and stamped addressed envelopes for distribution.

These types of orders require submission of proposed orders by U.S. Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in those matters.

CRITICAL

Applies to

Foreclosure packet

The foreclosure packet must include sufficient judgment copies and pre-stamped, correctly addressed envelopes for everyone entitled to receive a copy.

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 Judgement.

CRITICAL

Applies to

Notice of hearing

Do not send a hearing notice until the judicial assistant confirms the time; hearing times are first-come, first-served and are not reserved until confirmation is emailed.

Do not send out Notice of Hearing until after you have received confirmation of the hearing time from the judicial assistant. Hearing times are booked on a first come, first served basis and hearing times are not reserved until the confirmation email is sent.

CRITICAL

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.