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

CRITICALCivil cases

The reporting period for each Annual Accounting ends on the last day of the month in which the Letters of Guardianship anniversary falls.

The reporting period of all Annual Accountings ends each year on the last day of the anniversary month in which the Letters of Guardianship were signed.

CRITICALCivil cases

Proposed orders should be submitted to the Court within ten (10) days of the Court directing the preparation of the order.

Proposed orders should be submitted to the Court within ten (10) days of the Court directing the preparation of the order.

CRITICALCivil cases

Applies to

Verified inventory

A guardian of the property must file a Verified Inventory within 60 days after the Letters of Guardianship are signed.

In accordance with §744.362 and §744.365, Florida Statutes, and Rule 5.690, Florida Probate Rules, every Guardian of the property must file a Verified Inventory within 60 days after the Letters of Guardianship are signed.

CRITICALCivil cases

Guardians of property must file each Annual Accounting within 90 days after the reporting period ends, unless the Court orders otherwise.

unless otherwise ordered by the Court, every Guardian of the property must file an Annual Accounting no more than 90 days after the end of a reporting period.

CRITICALCivil cases

A certified copy of the Ward’s death certificate must be applied for within 15 days of death.

A certified copy of the Ward’s death certificate must be applied for within 15 days of the ward’s death and filed with the clerk upon receipt.

CRITICALCivil cases

Deadline

10 business days

Guardians must respond to requests for additional documentation within 10 business days.

promptly respond to requests for additional documentation within ten (10) business days.

CRITICALCivil cases

Petitions and orders for fees must be filed before the minor guardianship is terminated.

On the termination of minor guardianships, petitions and orders for fees are required to be filed with the Clerk prior to terminating the minor guardianship.

CRITICALCivil cases

The guardian must file a suggestion of death with the Clerk within 30 days after the Ward’s death.

Within thirty (30) days after the Ward’s death, the guardian must file a suggestion of death with the clerk.

CRITICALCivil cases

The report generated by the appointed guardian ad litem shall be filed in advance of the hearing to approve the settlement, and the report should address liability, damages, potential additional tortfeasors, insurance policy limits, if applicable, and the reasons the proposed settlement is in the best interests of the minor.

The report generated by the appointed guardian ad litem shall be filed in advance of the hearing to approve the settlement, and the report should address liability, damages, potential additional tortfeasors, insurance policy limits, if applicable, and the reasons the proposed settlement is in the best interests of the minor.

CRITICALCivil cases

The motion for an extension must be filed before the report becomes overdue.

If any report cannot be filed in accordance within the applicable statutory deadline, a motion for extension of time stating good cause for an extension must be filed before the report becomes overdue.

CRITICAL

To attend an in-person hearing virtually, file a motion at least 10 days before the hearing.

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 the hearing date if you wish to attend virtually.

CRITICAL

Send all documents and packets to the office one week before the hearing.

All documents/packets must be sent to office a week prior of hearing

CRITICAL

Deadline

72 hours

The motion being heard and the Notice of Hearing must be emailed within 72 hours of confirmation.

A copy of the Motion that is being heard, along with the Notice of Hearing must be emailed to jwitmer@jud10.flcourts.org within 72 hours of the confirmation.

CRITICALCivil cases

Applies to

Expert witness list

Each party must file its final Expert Witness List at least 45 days before 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

Submit the written explanation and copy opposing counsel within five working days after an objection.

Note that objections must be followed up by a written explanation submitted via 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, with opposing counsel copied, at least 72 hours before the hearing excluding holidays and weekends, and pre-marked under 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.

CRITICALCivil cases

Applies to

Trial exhibit list

Each party must file its final Trial Exhibit List at least 30 days before 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

Do not send a hearing notice until the judicial assistant confirms the hearing time.

DO NOT SEND OUT A HEARING NOTICE until after you have received confirmation of the hearing time from the judicial assistant.

CRITICAL

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

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

CRITICAL

Deadline

72 hours

File the hearing notice within 72 hours after confirmation of the hearing time.

You must file a hearing notice within 72 hours of the confirmation.

CRITICALCivil cases

Applies to

Trial witness list

Each party must file its final Trial Witness List at least 30 days before trial.

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

CRITICAL

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

CRITICAL

Summary Judgment packages must be forwarded to the office at least 10 days before the hearing.

Summary Judgment packages must be forwarded to our office a minimum of 10 days prior to the hearing.

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

Deadline

5 working days

An objection must be followed by a written explanation within five working days, with a copy to opposing counsel.

Note that objections must be followed up by a written explanation within five (5) working days, with copy to opposing counsel.

CRITICAL

At least 10 days before the hearing, all parties must submit their relied-on case law and hard copies of the Motion, Response, and Notice of 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.

CRITICALCivil cases

Motions will not be heard after the pretrial conference.

No motions will be heard after pretrial conference.

CRITICALCivil cases

Objections to pleadings and pretrial motions must be resolved within 45 days after filing.

The deadline for objections to pleadings and/or pretrial motions to be resolved is 45 days from the filing of such objection or pretrial motion.

CRITICAL

Judgment packets must be forwarded to the office at least 10 days before the hearing.

Judgment packets for this docket shall be forwarded to our office a minimum of 10 days prior to the hearing date.

CRITICAL

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

Agreed Motions to Continue and proposed Orders must be submitted no later than 1:00 p.m. five days prior to scheduled hearing. Otherwise, the hearing will remain on the docket and addressed in Court at the scheduled time.

CRITICAL

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.

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

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

The proposed instructions should be submitted via email to the judicial assistant no later than the Friday before the trial.

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

Judgment packets must be sent to the office by U.S. mail at least 10 days before the hearing.

Judgment packets for this docket shall be forwarded to our office vis US mail a minimum of 10 days prior to the hearing date.

CRITICAL

At least 10 days before the hearing, all parties must submit relied-upon case law with relevant portions highlighted and in color, along with hard copies of the motion, response, and hearing notice.

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.

CRITICAL

Deadline

10 calendar days

Schedule hearings on non-emergency matters at least 10 calendar days in advance.

Hearings on non-emergency matters must be scheduled at least 10 calendar days in advance in order to ensure all interested parties receive adequate notice.

CRITICAL

Forward summary-judgment packages to the office at least 10 days before the hearing.

Summary Judgment packages must be forwarded to our office a minimum of 10 days prior to the hearing.

CRITICAL

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

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

CRITICAL

Do not file a Notice of Hearing before receiving the Judicial Assistant’s confirmation of the hearing time.

Do not file a Notice of Hearing until after you have received confirmation of the hearing time from the Court’s Judicial Assistant.

CRITICALCivil cases

Applies to

Virtual appearance motion

A motion for virtual appearance must be received at least five days before the scheduled hearing.

A motion for virtual appearance must be received no later than five (5) days prior to the scheduled hearing date.

CRITICAL

Deadline

3 business days

Exhibits for a virtual hearing must be provided to the Court, with opposing counsel copied, at least three business days before the hearing.

If any exhibits are to be introduced during the virtual hearing, they must be provided to the Court (copying opposing counsel) at least three (3) business days in advance of the hearing

CRITICAL

Do not send a notice of hearing before the judicial assistant confirms the hearing time; hearing times are reserved only upon confirmation.

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.

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)

CRITICAL

Motions and proposed orders for virtual appearances must be received at least five 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.

CRITICALCivil cases

If no hearing is scheduled within 30 days after filing an emergency motion that was denied as an emergency but allowed to proceed normally, the matter is deemed abandoned and denied.

If an emergency motion is denied as an emergency, but leave is granted to address the issue through the normal process and no hearing is scheduled within 30 days of filing the motion, that matter will be deemed abandoned and as such, denied.

WARNING

Deadline

5 working days

Proposed orders or judgments will be held for five working days unless written confirmation states 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.

WARNINGCriminal cases

If the directed attorney misses the ordered period, opposing counsel may submit a proposed order in a timely fashion.

Should the directed attorney fail to provide the proposed order in the time period ordered, then opposing counsel may submit a proposed order in a timely fashion.

WARNING

Proposed jury instructions and the proposed verdict form should be submitted to the Court before trial.

The proposed instructions and proposed verdict form should be submitted to the Court in advance of the trial.

WARNING

Deadline

5 working days

The Court will generally hold proposed orders for five working days to allow time for objections.

Orders will generally be held for five (5) working days in order to give sufficient time for objections.

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 30 business days.