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

CRITICAL

Applies to

Foreclosure 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

Foreclosure packet

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

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

CRITICAL

Applies to

Emergency motion

B. Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

B. Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

CRITICAL

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)

CRITICAL

Applies to

Proposed order

The proposed continuance order must state the agreed date, time, and location for the Pre-Trial Conference and Trial Block and identify what further activity is permitted or prohibited.

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

CRITICAL

Applies to

Motion for reconsideration

A Motion for Reconsideration must follow the same procedures as a Motion for Rehearing.

D. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

CRITICAL

Applies to

Motion in limine

A Motion in Limine must state its grounds and legal arguments with particularity and identify supporting evidence or material; the judge may summarily rule on one that does not.

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. F. The judge may summarily rule on any Motion in Limine not written with particularity as described above.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing on a Motion in Limine must identify the issues that remain in dispute 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.

CRITICAL

Applies to

Motion in limine or notice of hearing

Must include

certificate of conference

The Motion in Limine or its Notice of Hearing must certify that the parties conferred to try 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.

CRITICAL

Applies to

Notice of hearing

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

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: https://teams.microsoft.com/l/meetup- join/19:meeting_ZmQ4MDcwZjktMDk2MC00MjYxLWEwYTEtZmFkMjA 4ZWQ0YTEy@thread.v2/0?context=%7B%22Tid%22%3A%229f6aab68- a956-435b-9525-d1011c660851%22%2C%22Oid%22%3A%22f63d1d1f- c868-4df7-a844-f7367098275a%22%7D This link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http;//ww.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 04 Virtual Courtroom”.

CRITICAL

Applies to

Proposed order

Before submitting a proposed order, verify the case number and confirm that the materials are assigned to the correct Civil Division Judge.

Always verify that your case number is correct and confirm the materials are being assigned to the correct Civil Division Judge prior to submitting the proposed order whether it is by e-portal or by U.S. mail.

CRITICAL

Applies to

Proposed order

When sending in proposed orders, please be sure a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel.

When sending in proposed orders, please be sure a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel.

CRITICAL

Applies to

Order to show cause

Orders to Show Cause for foreclosure judgments must include a final hearing date confirmed by email before submission.

E. Orders to Show Cause regarding entry of Foreclosure Judgements 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.

CRITICAL

Applies to

Hearing cancellation

A settlement does not eliminate the obligation to cancel hearings set on the judge’s calendar.

If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.

CRITICAL

Applies to

Plaintiff motion

Must include

proposed order

A Plaintiff’s motion must include a proposed Order Cancelling Sale.

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

CRITICAL

Applies to

Notice of confidential information

Parties submitting orders in the specified case types must file a Notice of Confidential Information when filings contain Social Security numbers, bank account numbers, or other non-public information, and identify the precise location 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 or provision that applies to the identified information.

CRITICAL

Applies to

Default final judgment packet

When the Default Final Judgment is stipulated to, submit a copy of the signed stipulation with the packet and file and provide a hard copy of a 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).

CRITICAL

Applies to

Cross notice

A cross notice may not be sent without prior court approval and clearance with opposing counsel.

Never send a cross notice without prior approval of the court and cleared with opposing counsel.

CRITICAL

Applies to

Proposed order

A proposed Order to Show Cause must state a final hearing date confirmed by email before submission; a blank date will result in its return.

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.

CRITICALCriminal cases

Applies to

Motion

For a non-evidentiary pretrial conference scheduled for 30 minutes or less, a remote-appearance request must be made by a written motion in each case bearing the specified title.

A request to use communication technology for a non-evidentiary pretrial conference scheduled for 30 minutes or less must be made by written motion in each individual case and entitled “Motion for Remote Appearance at Non-Evidentiary Pretrial Conference.”

CRITICALCriminal cases

Applies to

Motion

The motion must address the listed questions about prior conferences, discovery, missing discovery and efforts to obtain it, pending motions and hearings, and trial readiness, with specific detail about remaining work.

The motion must contain the following information: • How many pretrial conferences have been held or previously in this case? • Has the Defendant elected to participate in discovery? • What date was discovery requested by the Defendant? • What date was a discovery response provided by the State? • Has either party failed to provide any discovery? If so, what discovery is missing? If discovery is missing, detail all efforts that have been made to obtain discovery; this should include any individuals or agencies that you have contacted or attempted to contact, all dates and times of attempted or actual contact, and the method of contact or attempted contact. • Are there any pending motions? If the answer is yes, identify all pending motions. Are the pending motions currently scheduled for a hearing? If the answer is yes, what is the date and time of the scheduled hearing(s)? • Is the case ready to be scheduled for trial? If not, state with specificity what additional labor is required before the matter is ready to be scheduled for trial? General descriptions such as “additional discovery” will not be considered specific and will be a violation of this requirement.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

A copy of the motion and a proposed written order must be sent to the judge’s judicial assistant by email or through the e-filing portal at least 48 hours before the conference.

A copy of the motion and a proposed written order must be provided to the judge’s judicial assistant by email or though the e-filing portal at least forty-eight (48) hours in advance of the non-evidentiary pretrial conference.

CRITICALCriminal cases

Applies to

Motion

When defense counsel files the motion, it must address the client’s opportunity to review discovery, whether a plea offer was requested or offered, any attempts to obtain an offer, and whether an offer was relayed to the client.

• Has the client been provided the opportunity to review the discovery? • Has a plea offer been requested from the State? • Has a plea agreement been offered by the State? If a plea offer has been requested from the State and the answer is no, provide the method and date and time of each attempt that has been made to obtain a plea offer from the State. If the answer is yes, has the plea offer been relayed to the client?

CRITICALCriminal cases

Applies to

Motion

When defense counsel files the motion, it must state whether this is the first pretrial conference after counsel was retained.

If the motion is filed by an attorney representing the Defendant, the following information must also be provided in the motion: • Is this the first pretrial conference following retention of the attorney?

CRITICAL

Applies to

Proposed order

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.

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

Applies to

Motion

A request for a virtual appearance at a contested evidentiary hearing must be made by written motion identifying the basis and the participant who needs to appear virtually.

Requests for virtual appearances at a contested evidentiary hearing must be made by written motion identifying the basis for the request and which participant needs to appear virtually.

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

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

The following ADA Notice must be included in all notices of hearing or orders setting hearing: i. 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, (863) 534-4686, 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 TDD (863) 534-7777 or Florida Relay Service 711.

CRITICAL

Applies to

Trial witness list

Each party must file and exchange a final Trial Witness List.

Each party shall file and exchange their final Trial Witness List

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the hearing location; in-person hearings are held at the Polk County Courthouse, 255 N. Broadway Avenue, Bartow, FL 33830, Hearing Room 5B-1.

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 5B-1 (Fifth Floor, Red Elevators)

CRITICAL

Applies to

Written explanation

An objection must be followed within 5 working days by a written explanation submitted through the e-portal.

Note that objections must be followed up by a written explanation submitted via the e-portal (and copying opposing counsel) within 5 working days.

CRITICAL

Applies to

Order

Since July 1, 2021, parties submitting orders are responsible for ensuring confidential information in filings is redacted or identified for redaction.

Effective July 1, 2021, parties submitting orders are solely responsible for ensuring any confidential information contained in filings in these cases is appropriately redacted or identified for redaction.

CRITICAL

Applies to

Discovery material

The parties must complete discovery, including depositions, and disclose and exchange discovery they intend to use as trial exhibits.

The parties must have all discovery completed, including all depositions, and the parties must disclose and exchange all discovery intended to be used as exhibits at trial

CRITICAL

Applies to

Emergency motion

For an emergency motion not submitted ex parte, the email must include a cover letter stating that the opposing party or counsel received a copy.

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

Trial exhibit list

Each party must file and exchange a final Trial Exhibit List.

Each party shall file and exchange their final Trial Exhibit List

CRITICAL

Applies to

Proposed order

Do not include a certificate of service for the judicial assistant to complete.

Do not include a certificate of service to be completed by the judicial assistant.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the total length of the hearing.

The Notice of Hearing must include the length of time of the entire hearing.

CRITICAL

Applies to

Notice of confidential information

When filing documents containing Social Security numbers, bank account numbers, or other non-public information in the specified court cases, parties submitting an order must file a Notice of Confidential Information identifying each location and page and the type of confidential information 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

Hearing cancellation

A settlement does not relieve the party who set a hearing of the duty to cancel it.

If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.

CRITICALCivil cases

Applies to

Notice of hearing or order setting hearing

A notice of hearing or order setting hearing must include a link to the Polk Family Division 13 Virtual Courtroom.

A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information: i. A link to the “Polk Family Division 13 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual-courtroom-links/polk-family.

CRITICALCivil cases

Applies to

Exhibits

Exhibits to be introduced during a virtual hearing must be pre-marked as required by Administrative Order 5-20.8.

If any exhibits are to be introduced during the virtual hearing, they must be provided to the Court (copying opposing counsel) at least 72 hours in advance of the hearing (excluding holidays and weekends), and pre- marked as per Administrative Order 5-20.8.

CRITICAL

Applies to

Expert witness list

Each party must file and exchange a final Expert Witness List.

Each party shall file and exchange their final Expert Witness List

CRITICAL

Applies to

Proposed order

A proposed order or judgment submitted without a hearing must include a copy of the motion in the submission to the Court.

All proposed orders or judgments being submitted without a hearing must include a copy of the motion in the submission to the Court.

CRITICAL

Applies to

Hearing cancellation notice

Only the party who set a hearing may cancel it, and that party must file written notice and notify all participants, including any pro se party.

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 any pro se party.

CRITICAL

Applies to

Notice of hearing or order setting hearing

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

The following ADA Notice must be included in all notices of hearing 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, (863) 534-4686, 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 TDD (863) 534-7777 or Florida Relay Service 711.

CRITICAL

Applies to

Virtual appearance order

Contested evidentiary hearings are in person, and participants must appear in person unless a signed order grants virtual appearance for that hearing.

All contested evidentiary hearings are scheduled as IN-PERSON hearings. All participants MUST appear in person unless there is a signed order granting a virtual appearance for each hearing.

CRITICAL

Applies to

Probation modification or termination request

Pro se defendants seeking probation modification or termination must submit a written request to the Felony Clerk’s office 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.

CRITICAL

Applies to

Motion

Must include

proposed order

A written motion and proposed order for counsel’s or a witness’s remote appearance must be submitted at least three business days before the 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.

CRITICAL

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.

CRITICAL

Applies to

Motion

Every motion must state opposing counsel’s objection or lack of objection.

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

CRITICAL

Applies to

Motion

Must include

proposed order

The 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.