Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Service and Proof of Service Rules

CRITICALCriminal cases

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

Applies to

Standing temporary order

For a contested dissolution petition, the petitioner must serve the Standing Temporary Order with the initial process and original petition.

Upon the filing of any contested petition for dissolution of marriage, the Standing Temporary Order set forth in Administrative Order 5-51.0 (or as later amended by the Court) shall be applicable. The Petitioner must serve a copy of the Standing Temporary Order along with a copy of the initial process and original petition.

CRITICAL

Each party’s attorney must serve the pretrial memorandum on opposing counsel at least three days before the Pretrial Conference.

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.

CRITICAL

Applies to

Notice of hearing

An amended notice of hearing or cross notice must be served and filed when additional motions are added to a previously noticed hearing.

and an amended notice of hearing or a cross notice of hearing is served and filed.

CRITICAL

When an emergency or expedited motion is filed, the moving party must serve a copy on the judge, counsel, and involved unrepresented parties.

Upon the filing of an emergency or expedited motion, the moving party shall serve a copy of the motion to the judge, counsel, and unrepresented parties involved.

CRITICAL

Each party must provide the opposing party with a preliminary exhibit list within 10 days of the Case Management Conference.

Within ten (10) days of the Case Management Conference, each party shall provide the opposing party with a preliminary exhibit list.

CRITICALCivil cases

Each party must exchange financial affidavits and mandatory disclosure with the other party.

Florida Family Law Rule of Procedure 12.285 requires that each party file and exchange financial affidavits and mandatory disclosure.

CRITICAL

Applies to

Notice of hearing

Copies of the hearing notice must be served on all parties and the judge under Florida Family Law Rule of Procedure 12.090 within five working days after the hearing is scheduled.

Copies of the notice of hearing shall be served in accordance with Florida Family Law Rule of Procedure 12.090 on all parties and the judge within five (5) working days of scheduling the hearing.

CRITICAL

Each party must provide the opposing party with a preliminary witness list within 10 days of the Case Management Conference.

Within ten (10) days of the Case Management Conference, each party shall provide the opposing party with a preliminary witness list.

CRITICAL

Applies to

Notice of cancellation

The party canceling a hearing must serve and file written notice of cancellation.

The party canceling the hearing shall serve and file a written notice of cancelation of the hearing

CRITICAL

Orders must be served pursuant to Florida Rule of Judicial Administration 2.516(h).

Service of Orders shall be accomplished pursuant to Florida Rule of Judicial Administration 2.516(h).

CRITICALCivil cases

The Petitioner must serve the Respondent with this Order together with the Petition.

The Petitioner shall serve a copy of this Order on the Respondent along with a copy of the Petition.

CRITICALCivil cases

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.

The chief arbitrator shall notify the parties of the date, time and place of the arbitration hearing within thirty (30) days of this Order. The form Notice of Arbitration Hearing is attached, and all terms are incorporated by reference into this Order.

CRITICAL

Applies to

Motion and notice of hearing

Service

Mail

Mail a copy of the motion and 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 by mail at least 5 days in advance of the hearing.

CRITICALCivil cases

The moving party must provide the non-moving party with copies of the motion and proposed order and certify that provision in the motion.

the moving party certify in the motion that the non-moving party is provided a copy of the motion and proposed order.

CRITICALCivil cases

Service must comply with Florida Rule of Judicial Administration 2.516.

service in accordance with Florida Rule of Judicial Administration 2.516.

CRITICALCivil cases

Applies to

Motion directed to arbitration decision

A copy of every motion directed to the arbitrator’s decision must also be served on the arbitrator.

A copy of any motion directed to the decision shall also be served upon the arbitrator.

CRITICALCivil cases

In a three-arbitrator panel, each party must notify the Court and all other parties in writing of its selected arbitrator’s name and address.

Each party shall select an arbitrator authorized to conduct arbitrations for this county/circuit and notify the Court and all other parties in writing of the name and address of the arbitrator selected.

CRITICAL

A copy of the objection and alternative 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

Applies to

Motion for new trial or rehearing

Motions for new trial or rehearing should be served within 15 days after judgment is filed in a non-jury action.

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.

CRITICALCivil cases

Applies to

Arbitration decision

Florida Rules of Civil Procedure 1.080 and 1.090 govern service of the arbitrator’s decision on the parties.

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.

CRITICAL

Service

Mail

Stamped, addressed envelopes must be submitted for listed recipients who have not designated an email address and will not receive an emailed copy.

If the person(s) listed has/have not designated an email address, submit stamped, addressed envelope(s) for mailing to the persons(s) who will not receive a copy by email.

CRITICAL

Applies to

Complaint

For all tracks, complaints must be served within 120 days after filing unless the Court grants an extension, which 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.

CRITICALCivil cases

The chief arbitrator must serve the Notice of Non-Compliance on counsel for each party and all self-represented parties.

the chief arbitrator shall file a Notice of Non-Compliance and shall serve same upon counsel for each party and all self-represented parties

CRITICAL

The party who set the hearing must notify all participants, including court reporters and witnesses, of its cancellation.

to notify all participants of the cancellation, including court reporters and witnesses.

CRITICALCivil cases

Applies to

Case management plan and order

Parties seeking complex-case designation must initially serve the General Track Case Management Plan and Order.

Parties seeking to have a case designated as complex must initially file and serve the General Track Case Management Plan and Order

CRITICALCivil cases

If seeking to have a case designated as complex, filer MUST initially file and serve the General Track Case Management Plan and Order and thereafter comply with rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.

If seeking to have a case designated as complex, filer MUST initially file and serve the General Track Case Management Plan and Order and thereafter comply with rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.

CRITICAL

For a non-ex-parte Emergency Motion, copy the submission to opposing counsel or the unrepresented party.

Unless the Emergency Motion is being submitted ex parte, the fax shall include a cover letter that indicates that this submission has been copied to the opposing counsel/unrepresented party, who may send in a timely response per the procedure of this Judge’s office.

CRITICAL

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

Emergency motion

Unless an emergency motion is submitted ex parte, copy the submission to the opposing party or counsel.

C. Unless the motion is being submitted ex parte, the email shall include a cover letter that indicates that this submission has been copied to the opposing party/counsel.

CRITICAL

Service

Mail to all parties

Non-emergency sale-cancellation motions must include copies and stamped addressed envelopes for the Clerk’s distribution to the parties.

Non-Emergency Motions to Cancel Sales should be submitted by US mail, express mail, or hand delivery with copies and stamped address envelopes for Clerk’s distribution to parties.

CRITICAL

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.

CRITICAL

The written explanation following an objection must be copied 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.

CRITICAL

Applies to

Motion for new trial or rehearing

A Motion for New Trial or Motion for 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.

CRITICAL

A party requiring a court reporter must arrange one and notify the opposing party 48 hours before trial.

The party requiring a court reporter shall secure same and notify the opposing party forty-eight (48) hours prior to the Trial.

CRITICAL

The submitting party or counsel must provide copies to any party omitted from the service list.

It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list.

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

When sending in 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.

When sending in 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.

CRITICALCivil cases

When providing virtual-hearing exhibits to the Court, copy opposing counsel.

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

Notice of hearing or order setting hearing

A party calling a case up for hearing should provide the notice of hearing or order setting hearing to the Court and all other parties.

A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information:

CRITICAL

Applies to

Written explanation

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.

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

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.

CRITICAL

Service

Email

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

Immediately 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

Applies to

Waiver of status conference

Counsel for the Defendant must sign the Waiver of Status Conference and serve it 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.

CRITICAL

Deadline

2 business days

Applies to

Waiver of status conference

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

Service

Electronic 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.

If a person or entity is entitled to service of the order and is also a person or entity required to participate in e-service, if the person or entity is not included as a service recipient in the E-Filing Portal, that person or entity must be added as a service recipient in the E-Filing Portal prior to submission.

CRITICAL

Interested parties who do not participate in e-service must receive hard copies by first-class U.S. mail or facsimile.

The submitting party must serve all interested parties not required to participate in e-service with hard-copies of the proposed order and accompanying materials by first-class U.S. mail or facsimile transmission.

CRITICAL

Service

Electronic service

Proposed orders and accompanying materials must be provided contemporaneously to interested parties, with e-service participants selected in the E-filing Portal.

The proposed order and all accompanying materials submitted electronically must be provided contemporaneously to all interested parties. The submitting party must select all interested parties required to participate in e-service for service of the proposed order and accompanying materials in the E-filing Portal