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

CRITICAL

Deadline

5 business days

After confirmation, the scheduling party must file the Notice of Hearing with the Clerk and all parties, including the Judicial Assistant, five business days before the proceeding.

Upon confirmation from the Judicial Assistant, it is the scheduling party's responsibility to file the Notice of Hearing to the Clerk and all parties, including the Judicial Assistant, five business days prior to the scheduled proceeding.

CRITICAL

Deadline

5 business days

Agreed motions to continue and proposed orders are due by 1:00 p.m. five business days before the scheduled hearing.

Motions to Continue Pretrial/Arraignment: Agreed Motions to Continue and proposed orders, with language stating the agreed proposed continued date, MUST be submitted no later than 1:00 p.m. five business days prior to the scheduled hearing.

CRITICALCivil cases

A Complex Track case is to reach final disposition within the earlier of 30 months after service of initial process on the last defendant or 120 days after commencement of the action.

______ Complex Track (Case resolved within 30 months from date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first, to final disposition).

CRITICALCivil cases

Motions and objections will not be heard after the pretrial conference.

No motions/objections will be heard after pretrial conference.

CRITICALCivil cases

For all tracks, hearings on objections or pretrial motions are to be scheduled within 45 days after filing, although the hearings may occur after that 45-day period.

All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed.

CRITICALCivil cases

A General Track case is to reach final disposition within the earlier of 18 months after service of initial process on the last defendant or 120 days after commencement of the action.

______ General Track (Case resolved within 18 months from date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first, to final disposition).

CRITICALCivil cases

A Motion in Limine must be filed and scheduled for hearing before the pretrial conference or it will be considered abandoned; the judge may summarily rule on a motion that lacks the required particularity.

F. The judge may summarily rule on any Motion in Limine not written with particularity as described above. Any Motion in Limine not timely filed and scheduled for hearing before pretrial conference will be considered abandoned.

CRITICALCivil cases

A Streamlined Track case is to reach final disposition within the earlier of 12 months after service of initial process on the last defendant or 120 days after commencement of the action.

______ Streamlined Track (Case to be resolved within 12 months date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, Florida Rules of Civil Procedure, whichever occurs first, to final disposition).

CRITICALCivil cases

Do not send a Notice of Hearing before the judicial assistant confirms the hearing time.

Do not send out a Notice of Hearing until after you have received confirmation of the hearing time from the judicial assistant.

CRITICALCivil cases

Deadline

5 working days

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.

CRITICALCivil cases

Hearing times may be obtained after the motion is filed and, if the case was closed, after it is reopened.

Please check our online scheduling calendar to obtain hearing times for a motion hearing once the motion has been filed with the Clerk’s office and, if the case has been closed, once the case has been reopened.

CRITICALCivil cases

Foreclosure packets must be sent to the office by mail or hand delivery at least 10 days before the hearing.

Foreclosure packets for this docket shall be sent by US mail, express mail, or hand delivery to our office a minimum of 10 days prior to the hearing dates.

CRITICALCivil cases

The Court will enter an order setting the actual trial period no later than 45 days before the projected trial date.

Pursuant to rule 1.440, no later than 45 days prior to the projected trial date, the Court will enter an order setting the actual trial period.

CRITICALCriminal cases

Submit memorandums and courtesy copies to the Court at least three days before the matter is heard.

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

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

3 business days

An agreed motion to continue a Pretrial Conference or Arraignment, together with a proposed order, must be submitted by 1:00 p.m. three business days before the hearing.

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.

CRITICALCriminal cases

Submit proposed orders within ten days after any hearing unless the Court directs otherwise.

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

CRITICALCriminal cases

Deadline

2 business days

File and serve the Waiver of Status Conference by 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.

CRITICALCriminal cases

Deadline

3 business days

A written motion and proposed order for counsel’s or a witness’s remote appearance must be submitted no later than 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

Each party must file and exchange a final witness list at least 30 days before the Pretrial Conference.

No later than thirty (30) days prior to the Pretrial Conference, each party shall file and exchange their final Witness List, which specifically discloses the substance of the witness testimony.

CRITICALCivil cases

Financial disclosure must occur before mediation.

Financial disclosure shall occur prior to mediation.

CRITICAL

The party designated by the Court must submit the proposed order or judgment within ten working days after the oral decision.

The party designated by the Court shall submit the proposed order/judgment within ten (10) working days after the oral decision.

CRITICAL

Deadline

5 business days

Reasonable time for motions or pleadings is at least five business days unless the judge finds emergency status.

“Reasonable Time”, as set forth in Florida Family Law Rule of Procedure 12.090 and Florida Rule of Civil Procedure 1.090, shall be deemed to be not less than five (5) business days except upon a finding of emergency status by the judge before whom such motion is heard.

CRITICAL

Each party must file and exchange a final expert witness list at least 60 days before the Pretrial Conference.

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.

CRITICALCivil cases

The course-completion certificate must be filed before entry of final judgment.

Each party to a dissolution action shall file a certificate of completion of the course with the court prior to the entry of the final judgment.

CRITICAL

Deadline

5 working days

A party must submit a written objection directly to the judge’s office within five working days after the order is submitted, unless the Court allows otherwise.

In the event a party objects to the proposed order, the objection to the proposed order must be submitted in writing directly to the judge’s office within five (5) working days of the submission of the order, unless otherwise allowed by the Court.

CRITICAL

Each party’s attorney must file and serve a memorandum at least three days before the Pretrial Conference, with information and attachments relevant to the pleadings.

At least three (3) days prior to the Pretrial Conference, the attorneys for the parties are directed to each file with the court and serve upon opposing counsel a memorandum containing the following information and attachments if relevant based on the pleadings. The memorandum shall not be deemed to amend the pleadings.

CRITICAL

Each party must file and exchange a final exhibit list at least 30 days before the Pretrial Conference.

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.

CRITICALCivil cases

If the parties do not agree to the single arbitrator selected by the judge, they must select arbitrator(s) within 15 days of the signed referral order.

☐ The undersigned parties did not agree to the single arbitrator selected by the Judge. Within fifteen (15) days of the signed Order Referring Case to Arbitration, they have selected the following arbitrator(s) (if panel chosen, identify the chief arbitrator):

CRITICALCivil cases

The statistical summary is due within 20 days after the time to file 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

Alternative dispute resolution must occur within 450 days after the complaint is filed on the General Track.

General: Within 450 days of the date the complaint was filed.

CRITICAL

Alternative dispute resolution must occur within 270 days after the complaint is filed on the Streamlined Track.

Streamlined: Within 270 days of the date the complaint was filed.

CRITICAL

A general-track case is to be resolved by final disposition within the stated service-or-commencement timeframe, whichever occurs first.

General Track (Case resolved within 18 months from date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first, to final disposition).

CRITICALCivil cases

The time for filing motions directed to the arbitrator’s decision is governed by Florida Rules of Civil Procedure 1.080 and 1.090.

Florida Rules of Civil Procedure 1.080 and 1.090 shall govern the manner in which the arbitrator shall serve his or her decision upon the parties and the time by which the parties must file any motions directed to the decision.

CRITICALCivil cases

Motions and objections will not be heard after the pretrial conference.

No motions/objections will be heard after pretrial conference.

CRITICALCivil cases

Motion and objection hearings are to be scheduled within 45 days after filing, may occur later, and cannot be heard after the pretrial conference.

All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed. No motions/objections will be heard after pretrial conference.

CRITICALCivil cases

The chief arbitrator must return the statistical summary form within 20 days 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

Alternative dispute resolution must occur within 270 days after filing in streamlined-track cases and within 450 days in general-track cases.

4. Deadline for alternative dispute resolution to have occurred • Streamlined: Within 270 days of the date the complaint was filed. • General: Within 450 days of the date the complaint was filed.

CRITICAL

Motions and objections will not be heard after the pretrial conference.

No motions/objections will be heard after pretrial conference.

CRITICAL

EMERGENCY MOTIONS TO CANCEL SALES, should be submitted via-email to: meldridge@jud10.flcourts.org, so that, if granted, they may be hand-delivered to the Clerk for processing PRIOR to the sale occurring.

EMERGENCY MOTIONS TO CANCEL SALES, should be submitted via-email to: meldridge@jud10.flcourts.org, so that, if granted, they may be hand-delivered to the Clerk for processing PRIOR to the sale occurring.

CRITICAL

A streamlined-track case must be resolved by the earlier of 12 months from service of initial process on the last defendant or 120 days after commencement of the action.

Streamlined Track (Case to be resolved within 12 months date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, Florida Rules of Civil Procedure, whichever occurs first, to final disposition).

CRITICALCivil cases

Unless the arbitrator directs otherwise, each party must submit its case summary to each arbitrator at least ten 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.

CRITICAL

Deadline

5 working days

The objection and alternative proposed order 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.

CRITICALCivil cases

The Trial Order setting the actual trial period will be issued at least 45 days before the projected trial date.

A Trial Order setting the actual trial period will be issued no later than 45 days prior to the projected trial date.

CRITICAL

For all tracks, new parties must be added within 120 days after the complaint is filed unless the Court grants an extension, which may not exceed 240 days after filing.

Deadlines for service of complaints, service under extensions, and adding new parties: • All tracks: Within 120 days of the date the complaint was filed, unless the court grants an extension, which shall not exceed 240 days after the date the complaint was filed.

CRITICAL

A complex-track case is to be resolved by final disposition within the stated service-or-commencement timeframe, whichever occurs first.

Complex Track (Case resolved within 30 months from date of service of initial process on the last defendant or 120 days after commencement of the action as provided in rule 1.050, whichever occurs first, to final disposition).

CRITICAL

Foreclosure packets must be forwarded to the 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.

CRITICALCivil cases

For all tracks, hearings on objections and pretrial motions are to be scheduled within 45 days after filing, although they may take place later.

All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed.

CRITICALCivil cases

A court-granted extension for service deadlines or adding new parties cannot extend beyond 240 days after the complaint is filed.

unless the court grants an extension, which shall not exceed 240 days after the date the complaint was filed.

CRITICALCivil cases

Applies to

Motion seeking a trial de novo

A motion seeking a trial de novo must be filed no later than 20 days after the final decision is served.

A party to the arbitration filed a motion seeking a trial de novo after no later than twenty (20) days after the final decision was served? ☐ Yes ☐ No