Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Electronic Filing Rules

CRITICAL

Applies to

Signed order or judgment

A signed proposed order or judgment will be e-filed.

Once the proposed order or judgment is signed, it will be e-filed.

CRITICAL

Applies to

Proposed order

Proposed orders are not accepted by email and must be submitted electronically through CAPS under Administrative Order No. 1-61.1 or a later applicable order.

Proposed orders will no longer be accepted by email. Refer to Administrative Order No. 1-61.1 (or any subsequently entered Administrative Orders) relating to Uniform Procedures and Requirements for Electronically Submitting Proposed Orders Through CAPS.

CRITICALCriminal cases

Applies to

Case law

Case law submitted to the court must be emailed in Word format with relevant text, rules of law, or holdings highlighted.

All case law submitted to the court must be submitted via email in Word format with relevant text/rule of law/holdings highlighted.

CRITICALCriminal cases

Applies to

Proposed order

Proposed orders must be submitted electronically through the Florida Courts e-filing portal.

All proposed orders must be submitted through the Florida Courts e-filing portal.

CRITICAL

Applies to

Proposed order

Except for orders identified above, proposed orders must be submitted through the e-portal as required by AO 1-61.1.

Except as provided above, orders shall be submitted through the e-portal as required in Administrative Order No. 1-61.1 (hereinafter “AO 1-61.1”).

CRITICAL

Applies to

Specified proposed orders

Specified writs, foreclosure-related orders, orders to show cause, sealing orders, structured-settlement orders, and foreclosure judgments must be submitted by mail or hand delivery with copies and stamped addressed envelopes.

The following types of orders require submission of proposed orders by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in these matters: Writs (including Garnishments, Possession, Replevin, Bodily Attachment), Non-Foreclosure Orders to Show Cause, Orders to Reset Foreclosure Sales, Orders to Cancel and Reset Foreclosure Sales, Orders that Seal Documents, Sales of Structured Settlements, and Foreclosure Judgments (additional instructions regarding Foreclosure Judgments are set forth below).

CRITICAL

Foreclosure cases should not be submitted through the e-portal.

FORECLOSURE CASES SHOULD NOT BE SUBMITTED VIA THE E-PORTAL DUE TO NECESSARY POST-JUDGMENT CLERICAL REQUIREMENTS AND PROCEDURES.

CRITICAL

Applies to

Pertinent motion

A pertinent motion submitted with a proposed order must be e-filed before the proposed order is submitted.

Pertinent motions submitted with a proposed order must have been e-filed prior to submission with the proposed order.

CRITICAL

Applies to

Original documents

All original documents, including wills, should be deposited directly with the Clerk of Court.

All original documents, including wills, should be deposited directly with the Clerk of Court.

CRITICAL

Applies to

Petitions or other pleadings or documents

Self-represented litigants may file petitions and other documents in person, by mail, or through the Florida E-Filing Portal.

Self-represented (pro se) litigants may file petitions or other pleadings or documents in person with the Clerk of Court, by mail, or electronically using the Florida E-Filing Portal.

CRITICAL

Applies to

Motion and supporting documentation

All motions, along with supporting documentation, should be e-filed or, for pro se parties, delivered to the Clerk’s office.

All motions, along with supporting documentation, should be e-filed or, for pro se parties, delivered to the Clerk’s office.

CRITICAL

File documents through the E-Filing portal or with the Clerk; do not send paper documents to the Court or its staff for filing unless requested.

All documents must be either electronically filed through the E-Filing portal or filed with the Clerk of Court’s office. Unless specifically requested, do not send paper documents to the Court, chambers, staff attorneys, or other court staff for filing.

CRITICAL

Applies to

Orders and motions

Do not send paper orders or motions to the court.

You should not send any paper orders or motions to the court.

CRITICAL

Applies to

Duplicate submission

Do not submit a duplicate proposed order by email, mail, or fax.

To avoid the signing of duplicate orders, do not submit a duplicate by e-mail, mail, or fax.

CRITICALCivil cases

Applies to

Motion

A motion must be electronically filed before it is submitted to the e-portal.

Pursuant to Administrative Order No. 1-61.1, all motions submitted to the e-portal must have been e-filed prior to the e-portal submission.

CRITICALCivil cases

Applies to

Motion

Submitting a motion to the e-portal does not e-file it; the Court will not e-file motions.

Submitting motions to the e-portal is not the same thing as e-filing and the Court will not e-file the motions.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders for the listed matters must be submitted by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes.

The following types of orders require submission of proposed orders by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in these matters: Garnishments, Foreclosure Judgments, Orders to Reset Foreclosure Sales, Orders to Cancel and Reset Foreclosure Sales, Orders that Seal Documents, and Sales of Structured Settlements.

CRITICALCivil cases

Applies to

Proposed order

All orders other than the specifically listed exceptions must be submitted through the e-portal.

All other orders shall be submitted through the e-portal as required in Administrative Order No. 1-61.1.

CRITICALCivil cases

Applies to

Written explanation

The written explanation following an objection must be 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

Proposed order

The listed categories of orders must be submitted by mail or hand delivery with copies and stamped addressed envelopes.

The following types of orders require submission of proposed orders by US Mail, express mail, or hand delivery with copies and stamped addressed envelopes for distributions due to clerical requirements regarding the processing of orders in these matters: Writs (including Garnishments, Possession, Replevin, Bodily Attachment), Non-Foreclosure Orders to Show Cause, Orders to Reset Foreclosure Sales, Orders to Cancel and Reset Foreclosure Sales, Orders that Seal Documents, Sales of Structured Settlements, and Foreclosure Judgments (additional instructions regarding Foreclosure Judgments are set forth below).

CRITICAL

Applies to

Foreclosure case

Foreclosure cases are not processed by the Court or Clerk through the e-portal processes described above.

NOTE: FORECLOSURE CASES ARE NOT PROCESSED BY THE COURT OR CLERK VIA THE E-PORTAL PROCESSES OUTLINED ABOVE.

CRITICAL

Applies to

Proposed order

Orders not covered by the stated exceptions must be submitted through the e-portal under AO 1-61.1.

Except as provided above, orders shall be submitted through the e-portal as required in Administrative Order No. 1-61.1 (hereinafter “AO 1-61.1”).

CRITICAL

Applies to

Motion

A pertinent motion must be e-filed before it is submitted with a proposed order.

Pertinent motions submitted with a proposed order must have been e-filed prior to submission with the proposed order.

CRITICAL

Applies to

Proposed order

All other orders must be submitted through the e-portal under Administrative Order No. 1-61.1.

All other orders shall be submitted through the e-portal as required in Administrative Order No. 1-61.1.

CRITICAL

Applies to

Motion to cancel sale

Non-emergency Motions to Cancel Sales should be submitted by mail or hand delivery with copies and stamped addressed envelopes for the Clerk to distribute to the parties.

Non-Emergency Motions to Cancel Sales should be submitted by US mail, express mail, or hand delivery with copies and stamped address envelopes for Clerk’s distribution to parties.

CRITICAL

Applies to

Proposed order

For the specified matters, proposed orders must be submitted by U.S. Mail, express mail, or hand delivery.

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

Motion

Pertinent motions must be e-filed before the proposed order is submitted.

Pertinent motions submitted with a proposal order must have been e-filed prior to submission with the proposed order.

CRITICAL

Applies to

Motion

Motion copies may be emailed; if the file is too large, a USB drive or a shared-drive link may be sent, but shared links must be hosted on Microsoft OneDrive.

Judge Butz accepts e-mailed copies of the Motion, so long as it is in PDF format and includes all attachments within the same file. If the file is too large, you may send a USB drive or a link to a shared drive where the file can be downloaded (NOTE: our network only allows access to links stored on Microsoft OneDrive).

CRITICAL

Applies to

Foreclosure case filings

Foreclosure cases are not processed by the Court or Clerk through the e-portal processes described above.

NOTE: FORECLOSURE CASES ARE NOT PROCESSED BY THE COURT OR CLERK VIA THE E-PORTAL PROCESSES OUTLINED ABOVE.

CRITICAL

Applies to

Written explanation

An objection must be followed within five 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

Proposed order

Proposed orders are not accepted by email; follow the applicable Administrative Order for electronic submission through CAPS.

Proposed orders will no longer be accepted by email. Refer to Administrative Order No.1-61.1 (or any subsequently entered Administrative Orders) relating to Uniform Procedures and Requirements for Electronically Submitting Proposed Orders Through CAPS.

CRITICAL

Applies to

Written explanation

The required written explanation must be submitted electronically 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

Written motion

When a proposed-order submission relates to a written motion, that motion must be e-filed before the proposed order is submitted.

If the submission relates to a written motion, the motion must be e-filed prior to submission of the proposed order.

CRITICAL

Applies to

Proposed order

The submitting party must indicate in the E-filing Portal whether the proposed order is opposed or unopposed.

the appropriate option indicating whether the order is opposed or unopposed.

CRITICAL

Applies to

Document

File documents through the E-Filing portal or with the Clerk; do not send paper filings to the court, chambers, staff attorneys, or other court staff unless specifically requested.

All documents must be either electronically filed through the E-Filing portal or filed with the Clerks of Courts office. Unless specifically requested, do not send paper documents to the court, chambers, staff attorneys, or other court staff for filing.

CRITICALCivil cases

Applies to

Order

Orders may be submitted by email or electronic filing.

orders can be submitted via email or E-file

CRITICAL

Applies to

Original document

All original documents, including wills, should be deposited directly with the Clerk of Court. Do not send any original documents to the judicial assistant or case manager.

All original documents, including wills, should be deposited directly with the Clerk of Court. Do not send any original documents to the judicial assistant or case manager.

CRITICAL

Applies to

Hearing notice

A hearing notice must be e-filed within 72 hours of confirmation; failure may result in removal from the docket without further notice.

Failure to e-file a hearing notice within 72 hours of the confirmation may subject your case to be removed from the docket without further notification from the Court.

CRITICAL

Applies to

Proposed order

The instructions direct users to submit proposed orders through the Florida Courts E-Filing Portal.

10TH JUDICIAL CIRCUIT’S INSTRUCTIONS FOR SUBMITTING PROPOSED ORDERS TO FLORIDA COURTS E-FILING PORTAL

CRITICAL

Applies to

Objection explanation

Submit the written explanation following an objection through the e-portal.

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

CRITICAL

Applies to

Proposed order

Proposed orders are not accepted by email and must be submitted electronically through CAPS under the applicable administrative order.

a. Proposed orders will no longer be accepted by email. Refer to Administrative Order No. 1-61.1 (or any subsequently entered Administrative Orders) relating to Uniform Procedures and Requirements for Electronically Submitting Proposed Orders Through CAPS.

CRITICAL

Applies to

Proposed order

Please do NOT email, mail, and only send proposed orders through the Portal. Please only submit one way to the JA.

Please do NOT email, mail, and only send proposed orders through the Portal. Please only submit one way to the JA.

CRITICAL

Applies to

Motion to appear virtually

A written motion/order to appear virtually should be submitted through Judge Franklin’s portal at least five days before the hearing to be considered.

VIRTUAL APPEARANCE: If a need arises, a written motion/order to appear virtually should be submitted to Judge Franklin’s portal for the Court’s ruling no later than 5 days prior to the scheduled hearing or the Motion will not be considered.

CRITICAL

Applies to

Proposed order

Submit all proposed orders through the Florida Courts e-filing portal.

All proposed orders must be submitted through the Florida Courts e-filing portal.

CRITICAL

Applies to

Proposed order

Hard-copy proposed orders are not accepted and must not be mailed to the office.

Hard copies of proposed orders will no longer be accepted. Do not mail proposed orders and conforming copies to our office.

CRITICAL

Applies to

Proposed order

With prior approval from the judicial assistant, parties unable to use the e-filing portal may email orders in DOCX format to the specified address.

With prior approval from the judicial assistant, parties who are unable to submit orders through the e-filing portal may submit the orders in Word (.docx) format to kwitt@jud10.flcourts.org.

CRITICAL

Applies to

Signed proposed order or judgment

A signed proposed order or judgment will be electronically filed.

Once the proposed order or judgment is signed, it will be e-filed.

CRITICAL

Applies to

Proposed order

Proposed orders may not be submitted by email.

Proposed orders will no longer be accepted by email.

CRITICALCivil cases

Applies to

Exhibits

Exhibits over 50 pages or containing audio-video evidence must be provided in hard copy by mail or hand delivery to the mailroom.

If a party’s exhibits are over 50 pages or contain audio-video evidence, please provide them via hard copy (US mail, express mail, or hand delivery to the mailroom).

CRITICAL

Applies to

Signed proposed order or judgment

A signed proposed order or judgment will be filed electronically.

Once the proposed order or judgment is signed, it will be e-filed.