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

CRITICALCivil cases

Fact and expert discovery in streamlined cases must be completed within 270 days after the complaint is filed.

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

CRITICAL

Fact and expert discovery must be completed within 270 days after the complaint is filed on the Streamlined Track.

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

CRITICAL

The Court will enter the 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.

CRITICALCivil cases

Alternative dispute resolution in general-track cases must occur within 450 days after the complaint is filed.

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

CRITICAL

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

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).

CRITICAL

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.

CRITICAL

Fact and expert discovery must be completed within 450 days after the complaint is filed on the General Track.

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

CRITICALCivil cases

Fact and expert discovery must be completed within 270 days after filing in streamlined-track cases and within 450 days in general-track cases.

2. Deadlines to complete fact and expert discovery: • Streamlined: Within 270 days of the date the complaint was filed • General: Within 450 days of the date the complaint was filed

CRITICALCivil cases

All tracks: Within 120 days of the date the complaint was filed

All tracks: Within 120 days of the date the complaint was filed

CRITICALCivil cases

Alternative dispute resolution in streamlined cases must occur within 270 days after the complaint is filed.

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

CRITICALCivil cases

Arbitrators must file the decision with the clerk when the parties are served with it.

At the time the parties are served with the decision, the arbitrators must file the decision with the Clerk of the Circuit Court (clerk).

CRITICAL

A general-track case must be resolved by the earlier of 18 months from 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 request for trial de novo must be filed within 20 days after service to be timely.

Since the decision and any transcripts are filed under seal, the clerk will not make the arbitrator’s decision or transcripts known to anyone, including the presiding judge, unless no request for trial de novo is filed within twenty (20) days of service on the parties of the decision and the presiding judge request the decision.

CRITICAL

A complex-track case must be resolved by the earlier of 30 months from 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

An ex parte order may require compliance with the original discovery demand within ten days of the order’s execution.

Where a party in a civil case has completely failed to respond to a discovery demand, the party requesting discovery may move for an ex parte order, without a hearing, requiring compliance with the original discovery demand within ten (10) days of the execution of the order.

CRITICALCivil cases

The all-track deadline is within 120 days after the complaint was filed; any court-granted extension may not exceed 240 days after filing.

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

Motion and objection hearings 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

Fact and expert discovery in general-track cases must be completed within 450 days after the complaint is filed.

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

CRITICALCivil cases

The completed preapproved Civil Case Management Plan must be filed at the same time as the civil cover sheet, complaint, and summonses.

Plaintiff shall file the completed preapproved Civil Case Management Plan in the case at the same time as the civil cover sheet, complaint, and summons(es) to be served upon all defendants.

CRITICAL

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.

CRITICAL

The written explanation following an objection must be submitted within five working days.

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

A new pretrial date and trial date must be chosen when the joint motion to continue trial 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

Foreclosure packets must be sent to the office by U.S. mail, express mail, or hand delivery at least ten 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.

CRITICAL

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

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

CRITICAL

At least 10 days before the hearing, parties must submit relied-upon case law with relevant portions highlighted in color and hard copies of the Motion, Response, and Notice of Hearing.

H. 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

Deadline

48 hours

The motion and proposed written order must reach the judge’s judicial assistant 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

Deadline

48 hours

The written motion must be filed with the Clerk of the Court at least 48 hours before the non-evidentiary pretrial conference.

The motion must be filed with the Clerk of the Court at least forty-eight (48) hours in advance of the non-evidentiary pretrial conference.

CRITICALCriminal cases

Deadline

3 business days

Documents ordinarily filed with the Clerk of Court must be filed at least three business days before the hearing.

Any documents that would normally be filed with the Clerk of Court shall be filed with the Clerk of Court at least three (3) business days in advance of the hearing.

CRITICAL

The final Trial Witness List must be filed and exchanged at least 30 days before the non-jury trial.

Each party shall file and exchange their final Trial Exhibit List at least thirty (30) days prior to the non-jury trial, specifically on or before >>>, 20>>.

CRITICAL

Deadline

5 working days

The written explanation and copy to opposing counsel are due within 5 working days after an objection.

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

Deadline

72 hours

Exhibits for a virtual hearing must be provided to the Court at least 72 hours before the hearing, excluding holidays and weekends.

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

Do not send a hearing notice before receiving the judicial assistant's confirmation; hearing times are first come, first served and are not reserved until the confirmation email is sent.

Do not send out a 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 serve basis and hearing times are not reserved until the confirmation email is sent.

CRITICAL

Discovery, including depositions and disclosure and exchange of intended trial exhibits, must be completed no later than 15 days before the non-jury trial.

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 no later than fifteen (15) days prior to the non-jury trial, specifically on or before >>>>, 20>>

CRITICAL

The motion being heard and Notice of Hearing must be emailed at least 10 days before the hearing.

A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to mfreeman@jud10.flcourts.org at least 10 days in advance of the hearings.

CRITICAL

Motions and proposed orders for virtual appearances must be received at least 5 days before the scheduled hearing.

All motions and proposed orders for virtual appearances must be received no later than 5 days prior to the scheduled hearing date.

CRITICAL

The final Expert Witness List must be filed and exchanged at least 45 days before the non-jury trial.

Each party shall file and exchange their final Expert Witness List at least forty-five (45) days prior to the non- jury trial, specifically on or before >>>>, 20>>.

CRITICAL

The final Trial Exhibit List must be filed and exchanged at least 30 days before the non-jury trial.

Each party shall file and exchange their final Trial Exhibit List at least thirty (30) days prior to the non-jury trial, specifically on or before >>>, 20>>.

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

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

Deadline

3 business days

Submit the motion and proposed order for a remote appearance no later than three business days before the scheduled hearing; otherwise, 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

Memorandums and courtesy copies must be submitted no later than 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.

CRITICAL

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.

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

After the Judicial Assistant confirms the hearing, 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

3 business days

Submit the agreed motion and proposed order by 1:00 p.m. three business days before the scheduled 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.

CRITICAL

The written motion must be e-filed before the related 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.

CRITICALCivil cases

The first Annual Accounting period begins when the Letters of Guardianship are signed; later periods begin on the first day of the month after the anniversary month.

The reporting period for the first Annual Accounting begins with the date that the Letters of Guardianship were signed, while all subsequent Annual Accountings will begin on the first day of the first month following the anniversary month in which the Letters of Guardianship were signed.

CRITICALCivil cases

The Court holds a proposed order for five days for objections, and an objection with an alternate proposed order must be submitted within five days of receiving the original.

The Court will hold the proposed order for five days to give any party opposing the proposed order an opportunity to submit an objection that specifically sets forth the grounds upon which the objection is based. The objection should be accompanied by an alternate proposed order that accurately reflects the ruling of the Court. The objection and alternate proposed order must be submitted within five days of receiving the original proposed order.

CRITICALCivil cases

Applies to

Initial plan

A guardian of the person must file the Initial Plan within 60 days after the Letters of Guardianship are signed; its reporting period runs from that date through the last day of the anniversary month the following year.

As required by §744.362 and §744.363, Florida Statutes, and Rule 5.690, Florida Probate Rules, every Guardian of the person must file an Initial Plan within 60 days after the Letters of Guardianship are signed. The reporting period for the Initial Plan begins with the date the Letters of Guardianship were signed and ends the following year on the last day of the anniversary month in which the Letters of Guardianship were signed.

CRITICALCivil cases

Applies to

Annual plan

A guardian of the person must file each Annual Plan 60 to 90 days before the current reporting period ends; the text also specifies the reporting-period end and start dates.

As required by §744.367 and §744.3675, Florida Statutes, and Rule 5.695, Florida Probate Rules, every guardian of the person must file an Annual Plan at least 60 days and no more than 90 days before the end of the current plan’s reporting period. The reporting period of all Annual Plans ends each year on the last day of the anniversary month in which the Letters of Guardianship were signed. The reporting period for the first Annual Accounting begins with the date that the Letters of Guardianship were signed, while all subsequent Annual Plans will begin on the first day of the first month following the anniversary month in which the Letters of Guardianship were signed.