Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Service and Proof of Service Rules
165 rules from official source documents
Rules 1 to 50, page 1 of 4
E-service, mail, personal service, proof of service, certificate, and timing requirements.
CRITICALCivil cases
- Service
- Email to all parties
When prehearing materials are submitted by email to the Court, the other parties must be copied.
Prehearing materials may be submitted in electronic format and attached to an email forwarded to areiley@jud10.flcourts.org and copied to all other parties.
CRITICALCivil cases
- Deadline
- 3 working days
For exhibits to be introduced at a virtual hearing, provide the originals to the Court and copy opposing counsel at least three working days before the hearing.
If any exhibits are to be introduced during the virtual hearing, originals must be provided to the Court (copying opposing counsel) at least three (3) working days in advance of the hearing
CRITICAL
The party who cancels a hearing must notify all participants of the cancellation, including any self-represented party.
Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written Notice of Cancellation of the hearing and to notify all participants of the cancellation, including any self-represented party.
CRITICAL
- Applies to
- Notice of hearing
A party setting a case for hearing must provide a Notice of Hearing to the Court and all other parties.
A party calling a case up for hearing must provide to the Court and all other parties a Notice of Hearing.
CRITICAL
The submitting party or counsel must provide copies to parties who are not on the service list.
It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list.
CRITICALCriminal cases
The scheduling party must immediately serve the Notice of Hearing after confirmation from the Judicial Assistant.
Upon confirmation from the Judicial Assistant, the scheduling party must file and immediately serve a Notice of Hearing.
CRITICALCriminal cases
- Applies to
- Waiver of status conference
- Service
The Judicial Assistant must be served by separate email and must not be added to the e-service list.
The Judicial Assistant must not be added to the e-service list but served by separate e-mail.
CRITICALCriminal cases
- Applies to
- Waiver of status conference
The waiver must be served on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
The Waiver of Status Conference must be signed by counsel for the Defendant and served on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
CRITICALCriminal cases
- Applies to
- Notice of cancellation
A party canceling a hearing must immediately serve the 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
- Deadline
- 2 business days
- Applies to
- Waiver of status conference
The Waiver of Status Conference must be served 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
Copies of submitted orders must be provided to opposing counsel, including a pro se litigant, when the order is submitted to the Court.
Copies of submitted orders shall always be provided to opposing counsel (pro se litigant) upon submittal to the Court.
CRITICAL
- Service
Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
CRITICAL
Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their registered electronic-service email account changes.
It is the responsibility of attorneys and self- represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
CRITICAL
- Applies to
- Notice of hearing
Upon 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
- Service
- Email to court
Do not add the Judicial Assistant to the e-service list; serve the Judicial Assistant by separate email.
The Judicial Assistant must not be added to the e-service list but served by separate e-mail.
CRITICAL
- Deadline
- 2 business days
- Applies to
- Waiver of status conference
Serve 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
- Applies to
- Notice of cancellation
Immediately serve the 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
- Applies to
- Waiver of status conference
Serve the Waiver of Status Conference on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
The Waiver of Status Conference must be signed by counsel for the Defendant and served on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
CRITICAL
- Service
- Email to opposing party
Unless the Emergency Motion is being submitted ex parte, the email should include opposing counsel/unrepresented party, who may send in a timely response per the procedure of this Judge’s office.
Unless the Emergency Motion is being submitted ex parte, the email should include opposing counsel/unrepresented party, who may send in a timely response per the procedure of this Judge’s office.
CRITICAL
- Applies to
- Motion
A motion for new trial or rehearing in a non-jury action should be served within 15 days after the judgment is filed.
Florida Rule of Civil Procedure 1.530 provides that a Motion for New Trial or Motion for Rehearing should be served within 15 days from the filing of a judgment in a non-jury action.
CRITICAL
A copy of the objection and alternate proposed order must be provided to all other parties.
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
Only the party who set the hearing may cancel it; that party must file written notice and notify all participants, including court reporters and witnesses.
Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written notice of cancellation of the hearing and to notify all participants of the cancellation, including court reporters and witnesses.
CRITICAL
- Applies to
- Proposed order
When sending proposed orders, please be sure to send a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel/unrepresented parties.
When sending proposed orders, please be sure to send a transmittal letter showing that a copy of the letter and proposed order has been sent to opposing counsel/unrepresented parties.
CRITICAL
- Applies to
- Motion and notice of hearing
Provide the motion together with the Notice of Hearing at least five days before the hearing.
Provide a copy of the Motion that is to be heard, along with the Notice of Hearing at least 5 days in advance of the hearing.
CRITICAL
Proof is insufficient if it does not clearly show formal notice and receipt by the intended recipient, including mail returned undeliverable or left at a door or with another person.
Note: documents that do not clearly demonstrate formal notice and receipt by the intended recipient (i.e., mail returned undeliverable, mail left at door/with another person) will not be sufficient.
CRITICALCivil cases
- Applies to
- Petition
If formal notice is used to serve an interested party, a copy of the return of service must be filed with the court.
3) be served by formal notice with a copy of the return of service filed with the court.
CRITICALCivil cases
If an interested party does not sign the petition or a joinder, waiver and consent, the party must be served formal notice and proof of notice must be filed with the court.
All interested parties must either 1) sign the petition and have their signature notarized, 2) sign a joinder, waiver and consent, or 3) be served formal notice and proof of notice filed with the court.
CRITICAL
You must provide formal notice of filed documents to all interested parties.
In addition to completing the appropriate forms, you must provide all interested parties with formal notice of the documents you have filed.
CRITICALCivil cases
- Service
Formal notice must be served on the listed creditors by certified mail, and proof of service must be filed with the court.
Formal notice of the petition must be served on the creditors listed above by certified mail and file proof of service with the court.
CRITICAL
Provide copies of the pleading or petition to all parties of record.
copies provided to all parties of record.
CRITICALCivil cases
- Applies to
- Petition
Creditors with claims must be served with the petition, and proof of formal service must be filed before entry of the homestead order.
All creditors ascertained to have claims must be properly served with a copy of this petition and the proof of formal service must be filed with the court prior to the entry of the Order Determining Homestead.
CRITICAL
- Service
Creditors must be formally notified by certified mail, and proof of service, such as a green card, must be received.
Have you formally noticed the creditors through certified mail and received proof of service such as a green card?
CRITICALCivil cases
- Applies to
- Formal notice
The proof of service states under penalty of perjury that formal notice was served using one of the listed methods.
Under penalties of perjury, I swear or affirm that on ______________________________, a copy of ______________________________________________________________________ and a copy of the formal notice thereof filed in the above proceeding were mailed by United States registered or certified mail, return receipt requested, by commercial delivery service with receipt of delivery, or were delivered in a manner permitted by Florida Probate Rule 5.040(a), to:
CRITICALCivil cases
- Applies to
- Petition
- Service
Each interested party must join the petition, file consent and waive formal notice, or receive formal notice by certified mail with proof of service filed with the court.
Each interested party must either 1) join in this petition, 2) file a consent to the petition and waive formal notice or 3) must be sent formal notice of the petition by certified mail and proof of service filed with the court.
CRITICAL
File proof of service of formal notice of the petitions, or obtain joinder, waiver, and consent from all interested parties.
4. Proof of service of formal notice of the petitions, or joinder, waiver, and consent to the petition by all interested parties
CRITICALCivil cases
- Applies to
- Written defenses
Written defenses must be served on the undersigned within 20 days after service of the Notice, excluding the day of service.
You are required to serve written defenses on the undersigned within 20 days after service of this Notice, exclusive of the day of service
CRITICAL
After providing formal notice, you must file proof of service with the court.
Once formal notice has been provided, it is your responsibility to file proof of service of formal notice with the court.
CRITICALCivil cases
- Applies to
- Petition
- Service
Each beneficiary must join the petition, file consent and waive formal notice, or receive formal notice by certified mail with proof of service filed with the court.
Note that each beneficiary must either 1) join in this petition 2) file a consent to the petition and waive formal notice or 3) must be sent formal notice of the petition by certified mail and proof of service filed with the court.
CRITICAL
- Service
Beneficiaries who have not reviewed the petition and signed a Joinder/Waiver must be formally notified by certified mail, with proof of service received.
If no, formally noticed the beneficiaries through certified mail and receive proof of service such as a green card.
CRITICAL
- Applies to
- Proposed order
Do not submit a proposed order until applicable time and notice periods have expired and all interested parties have been properly served.
Please do not submit your proposed order until all applicable time and notice periods have expired and all interested parties have been properly served as required by applicable law.
CRITICAL
- Deadline
- 48 hours
- Applies to
- Caselaw or jury instructions
- Service
- Email to opposing party
Caselaw and jury instructions must be emailed to opposing counsel for review 48 hours in advance.
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.
CRITICAL
- Deadline
- 5 business days
- Applies to
- Notice of hearing
The scheduling party must provide the Notice of Hearing to 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.
CRITICALCivil cases
The submitting attorney must distribute copies to anyone not on the e-file distribution list.
It is the responsibility of the submitting attorney to distribute copies to any person or party who is not on the e-file distribution list.
CRITICALCivil cases
- Applies to
- Motion for new trial or rehearing
A motion for new trial or rehearing must be served within 15 days of the jury verdict or, in a non-jury action, the filing of judgment.
A. Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing must be served within 15 days of the jury verdict or the filing of a judgment in a non-jury action.
CRITICALCivil cases
A copy of the written explanation following an objection must be provided to opposing counsel.
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
The party who set the hearing must notify all participants of its cancellation, including court reporters.
Only the party who set the hearing may cancel it, and it is that party’s responsibility to file a written notice of cancelation of the hearing and to notify all participants of the cancellation, including court reporters.
CRITICALCriminal cases
- Service
Do not add the Judicial Assistant to the e-service list; serve the Judicial Assistant by separate email.
The Judicial Assistant must not be added to the e-service list but served by separate e-mail.
CRITICALCriminal cases
- Service
- Electronic service
Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused.
CRITICALCriminal cases
- Applies to
- Notice of hearing
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.
CRITICALCriminal cases
- Applies to
- Waiver of status conference
Counsel for the Defendant must sign the Waiver of Status Conference, which must be served on the assigned State attorney and the assigned judge’s Judicial Assistant.
The Waiver of Status Conference must be signed by counsel for the Defendant and served on the assigned attorney for the State and the assigned judge’s Judicial Assistant.
What rule applies to service for standing temporary order in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties?
Judge Julie C. Hill: For a contested dissolution petition, the petitioner must serve the Standing Temporary Order with the initial process and original petition.
What service or proof of service rules apply in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties?
Judge Dana Y. Moore: Proof is insufficient if it does not clearly show formal notice and receipt by the intended recipient, including mail returned undeliverable or left at a door or with another person.
Judge Brandon J. Rafool: The scheduling party must immediately serve the Notice of Hearing after confirmation from the Judicial Assistant.
Judge Michelle O. Pincket: Constructive service must comply with Chapter 49, and an Affidavit of Diligent Search and Inquiry should be filed with the Clerk, preferably using Form 1.942.
38 more rules answer this question.
What rule applies to serving the opposing party in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties?
Judge Julie C. Hill: Details: recipient: the opposing party. Each party’s attorney must serve the pretrial memorandum on opposing counsel at least three days before the Pretrial Conference.
Judge Lori A. Winstead: Details: recipient: the opposing party. A party requiring a court reporter must arrange one and notify the opposing party 48 hours before trial.
Judge Angela J. Cowden: Details: recipient: the opposing party, timing: 3 working days before hearing. For exhibits to be introduced at a virtual hearing, provide the originals to the Court and copy opposing counsel at least three working days before the hearing.
20 more rules answer this question.
What rule applies to service by email in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties?
Judge John C. Waters: Details: method: service by email. Do not add the Judicial Assistant to the e-service list; serve the Judicial Assistant by separate email.
Judge Brenda P. Ramirez and Judge Mark F. Carpanini: Details: method: service by email. Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
Judge Michelle O. Pincket: Details: method: service by email. Please take notice that, pursuant to the Florida Rule of Judicial Administration 2.516, the undersigned, as counsel for the proposed Guardian Advocate, hereby designates the following email addresses for service in this case. All future correspondence and pleadings should be emailed to the following addresses:
1 more rule answers this question.
What rule applies to e-service in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties?
Judge John C. Waters: Details: method: e-service. Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
Judge Michael P. McDaniel: Details: method: e-service. Before submission, an entitled recipient who must participate in e-service but is not listed in the E-Filing Portal must be added there as a service recipient.
Judge Reinaldo Ojeda: Details: method: e-service. Copies are provided to all counsel of record through the e-filing portal.
1 more rule answers this question.
What rule applies to serving all parties in Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties?
Judge Keith P. Spoto: Details: recipient: all parties. The chief arbitrator must notify the parties of the hearing’s date, time, and place within 30 days of the order, using the attached notice form.
Judge Dana Y. Moore: Details: recipient: all parties. Provide copies of the pleading or petition to all parties of record.
Judge Rachelle E. Williamson: Details: recipient: all parties, timing: before hearing. Each party must exchange its final Trial Exhibit List at least 30 days before trial.
13 more rules answer this question.
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