Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Filing Timing and Cure Windows

CRITICAL

A proposed order rejected for noncompliance with the referenced Administrative Order must be resubmitted.

All proposed orders must comply with the formatting and technical requirements listed therein; proposed orders that fail to comply with the requirements of the Administrative Order will be rejected and must be resubmitted.

CRITICAL

A proposed order to show cause submitted with a blank final hearing date will be returned.

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

CRITICAL

An e-portal proposed order that does not comply with AO 1-61.1 will be rejected and must be resubmitted.

Proposed orders submitted through the e-portal that fail to comply with the requirements of AO 1-61.1 will be rejected and must be resubmitted.

CRITICALCivil cases

A proposed order rejected for noncompliance must be resubmitted.

All proposed orders must comply with the formatting and technical requirements listed therein; proposed orders that fail to comply with the requirements of the Administrative Order will be rejected and must be resubmitted.

CRITICALCivil cases

The Clerk will not accept an initial pleading until the preapproved Civil Case Management Plan is filed and will notify the filer of the nonacceptance.

Initial pleadings that do not include the preapproved Civil Case Management Plan will not be accepted by the Clerk of the Circuit Court. The Clerk of the Circuit Court will notify the filer that the initial pleading is not being accepted for filing until the preapproved Civil Case Management Plan has been filed.

CRITICAL

If notified that a proposed order will not be entered, resubmit it after the issue preventing entry has been corrected or addressed at a hearing.

If you receive notice that your proposed order is not being entered for any reason, you will need to resubmit your order once the matter which precluded entry of the order has been corrected or addressed at a hearing.

CRITICAL

A proposed order that fails to meet the Administrative Order’s requirements will be rejected and must be resubmitted.

proposed orders that fail to comply with the requirements of the Administrative Order will be rejected and must be resubmitted.

WARNING

Deadline

30 business days

Processing a probation modification or termination request can take up to 30 business days.

Be advised, processing of the request can take up to thirty (30) business days.

WARNING

The Court will not hold an order pending expiration of timeframes or correction of deficiencies; resubmit it when appropriate.

The Court cannot hold orders waiting for timeframes to run or corrections of deficiencies. If an order cannot be entered at the time it is submitted, you will need to resubmit the order once appropriate.

WARNING

An order will not be entered until the Clerk has docketed and imaged the motion and all supporting documentation.

Orders will not be entered until the motion and all supporting documentation has been docketed and imaged by the Clerk.

WARNING

Before submitting a proposed order through the E-Filing Portal, the accompanying motion should be filed.

Before submitting a proposed order through the E-Filing Portal, the accompanying motion should be filed.

WARNINGCivil cases

B. The proposed instructions should be submitted via email to the judicial assistant no later than 4:00 p.m. the last work day before the trial.

B. The proposed instructions should be submitted via email to the judicial assistant no later than 4:00 p.m. the last work day before the trial.

WARNINGCriminal cases

Deadline

30 business days

The Clerk's processing of a probation modification or termination request can take up to 30 business days.

Be advised, processing of the request can take up to thirty (30) business days.

WARNING

Proposed orders are generally held at least five working days for objections, but the judge may waive the hold if the cover letter states there are no objections.

Orders will generally be held for a minimum of 5 working days to give opposing party/counsel time to object. If the cover letter indicates that there are no objections to the proposed order, the Judge will waive the hold process and may sign the order upon submission to the Court.

WARNING

Deadline

30 business days

Processing of a probation modification or termination request can take up to 30 business days.

Be advised, processing of the request can take up to thirty (30) business days.

WARNINGCivil cases

A case number must be available to the judicial assistant before the assistant generates the name of the attorney to be appointed.

Please note that the rotating system requires that the judicial assistant have a case number before generating the name of the attorney to be appointed.

WARNING

Deadline

30 business days

Processing of a probation modification or termination request can take up to 30 business days.

Be advised, processing of the request can take up to 30 business days.

WARNING

The Court cannot view e-filed motions until 3–5 days after filing.

PLEASE NOTE: The Court is unable to view efiled motions until 3-5 days after they are efiled.

WARNING

Deadline

5 working days

Proposed orders or judgments will be held for five working days unless written confirmation states that there is no objection.

Note that proposed orders or judgments will be held for 5 working days absent written confirmation that there is no objection to the proposed order or judgment.

INFOCriminal cases

Processing a probation modification or termination request can take up to 30 business days.

Be advised, processing the request can take up to thirty (30) business days.

INFO

In some counties, docketing and imaging may take 7–10 days after filing.

Please note in some counties this can take 7-10 days after your filing.

INFO

Deadline

5 working days

The judicial assistant will hold a proposed order or judgment for five working days to allow the opposing party to file a written objection.

The judicial assistant will hold the proposed order or judgment for five (5) working days to afford the opposing party an opportunity to file a written objection.

INFOCivil cases

Upon receiving the envelope, the clerk will stamp and record the filing date and time.

Upon receipt, the clerk will stamp the outside of the manila envelope with the date and time of filing and document the date and time of filing in the clerk’s case maintenance system.

CRITICAL

Deadline

3 working days

If the Court directs, or if a party or Counsel so desires to deliver to the Court case law or a memorandum of law on which a party or Counsel will rely at a hearing, the case law or memorandum of law shall be delivered by mail or hand-delivery no later than three (3) working days before the hearing.

If the Court directs, or if a party or Counsel so desires to deliver to the Court case law or a memorandum of law on which a party or Counsel will rely at a hearing, the case law or memorandum of law shall be delivered by mail or hand-delivery no later than three (3) working days before the hearing.

CRITICAL

Motions and proposed orders for virtual appearances must be received at least three days before the scheduled hearing.

All motions and proposed orders for virtual appearances must be received no later than three (3) days prior to the scheduled hearing date.

CRITICAL

Do not send a notice of hearing before receiving confirmation of the hearing time; hearing times are first come, first served and are not reserved until confirmation is emailed.

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

CRITICAL

The motion being heard and Notice of Hearing must be emailed at least 10 days before the hearing, or immediately upon filing the notice if fewer than 10 days remain.

A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to Ms. Reiley at areiley@jud10.flcourts.org at least 10 days in advance of the hearing, or immediately upon filing of the Notice of Hearing if there are fewer than 10 days before the hearing.

CRITICALCriminal cases

A motion in limine must be timely filed and scheduled for hearing before the pretrial conference or it will be considered abandoned.

Any Motion in Limine not timely filed and scheduled for hearing before pretrial conference will be considered abandoned.

CRITICALCriminal cases

After the Judicial Assistant confirms the hearing, the scheduling party must file the Notice of Hearing.

Upon confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.

CRITICALCriminal cases

Applies to

Notice of cancellation

A party canceling a hearing must immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

CRITICALCriminal cases

A remote-appearance motion must be submitted no later than five days before the scheduled hearing or it 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 five (5) days prior to the scheduled hearing or the Motion will not be considered.

CRITICALCriminal cases

The required case law and hard-copy motion papers must be submitted at least 10 days before the hearing.

A minimum of 10 days prior to the hearing, all parties shall submit their relied upon Case law with relevant text/rule of law/holdings highlighted and in color along with a hardcopy of the Motion, Response and Notice of Hearing.

CRITICALCriminal cases

An attorney directed to submit a proposed order must do so within seven days unless the Court sets a different period.

Any attorney directed to provide the Court with a proposed order must do so within seven (7) days unless the Court orders a different submittal time period.

CRITICALCriminal cases

Deadline

2 business days

The Waiver of Status Conference must be filed no later than close of business two business days before the scheduled status conference.

The Waiver of Status Conference must be filed and served no later than close of business two business days prior to the scheduled status conference. (e.g., 5:00 p.m. on Wednesday for a Friday morning status conference).

CRITICALCriminal cases

Deadline

3 business days

All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed three (3) business days before the hearing date.

All defendants MUST appear in-person for all hearings unless a waiver of appearance has been filed three (3) business days before the hearing date.

CRITICAL

Deadline

3 business days

The Court must receive all hearing materials at least three business days before the hearing.

The Court must receive all materials for the hearing no later than three (3) business days before the hearing.

CRITICAL

Applies to

Motion to appear virtually

A motion for remote appearance must be submitted no later than five days before the hearing or it 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 five (5) days prior to the scheduled hearing or the Motion will not be considered.

CRITICAL

Memorandums and courtesy copies are due no later than 3 days before the matter is heard.

Memorandums and Courtesy Copies must be submitted to the court no later than three (3) days before the matter will be heard.

CRITICAL

After confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.

Upon confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.

CRITICAL

Deadline

2 business days

File the Waiver of Status Conference no later than close of business two business days before the scheduled status conference.

The Waiver of Status Conference must be filed and served no later than close of business two business days prior to the scheduled status conference. (e.g., 5:00 p.m. on Wednesday for a Friday morning status conference).

CRITICAL

Proposed orders are due no later than 10 days after a hearing unless the Court directs otherwise.

Proposed orders must be submitted no later than ten (10) days after any hearing unless otherwise directed by the Court.

CRITICAL

Applies to

Notice of cancellation

Immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

CRITICAL

Submit an agreed continuance motion and proposed order by 1:00 p.m. five days before the hearing; otherwise, the hearing remains on the docket and will be addressed in court at its scheduled time.

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. five (5) days prior to scheduled hearing. Otherwise, the hearing will remain on the docket and will be addressed in Court at the scheduled time.

CRITICAL

Deadline

5 working days

The objection and alternate proposed order, with a copy to all other parties, must be submitted within five working days after the objectionable order was originally submitted.

The objection and alternately proposed order must be submitted (with a copy to all other parties) within 5 working days of the date the objectionable order was originally submitted.

CRITICAL

Foreclosure packets must be forwarded to the court’s office at least five days before the hearing.

Foreclosure packets for this docket shall be forwarded to our office a minimum of five (5) days prior to the hearing date.

CRITICAL

Applies to

Motion

For an in-person hearing, file a motion at least 10 days before the hearing to request electronic attendance.

For hearings that are scheduled to occur in-person, you must file a Motion with the court not less than 10 days in advance of your hearing date if you wish to attend by electronic means.

CRITICALCivil cases

The original written defenses must be filed with the court clerk before service or immediately thereafter.

and to file the original of the written defenses with the clerk of the above Court either before service or immediately thereafter.

CRITICAL

A hearing will not be set until all required documentation has been filed.

A hearing will not be set until all documentation required has been filed.

CRITICAL

Hearings should not be requested until all required documents have been filed, and notice has been effected in accordance with the Rules, or waivers filed by all parties entitled to notice.

Hearings should not be requested until all required documents have been filed, and notice has been effected in accordance with the Rules, or waivers filed by all parties entitled to notice.

CRITICAL

Deadline

48 hours

Caselaw and jury instructions must be emailed to the court's office and opposing counsel 48 hours in advance for review.

Judge Ward requires that any caselaw or jury instructions be submitted 48 hours in advance via email to our office at ddelgado@jud10.flcourts.org and to opposing counsel for review.