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

CRITICALCivil cases

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.

Any constructive service shall be conducted in compliance with Chapter 49, Florida Statutes, and an Affidavit of Diligent Search and Inquiry, preferably as set forth in Form 1.942, Florida Rules of Civil Procedure, shall be filed with the Clerk.

CRITICALCivil cases

The Ward’s attorney may seek approval of attorney’s fees without a hearing after giving notice to the guardian and interested persons.

The attorney for the Ward may petition the Court for approval of attorney’s fees without hearing after notice to the guardian and interested persons.

CRITICALCivil cases

The certificate of service identifies the ward when the guardianship is limited, the ward’s attorney, and interested persons or parties as service recipients.

REMEMBER CERTIFICATE OF SERVICE: *On Ward, if a Limited Guardianship *Ward’s Attorney (usually court-appointed) *Interested Persons/Parties

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing listing additional motions must be served when those motions are scheduled for the same hearing time.

Other parties may schedule additional motions during the same hearing time but only upon securing the consent of the Court and opposing counsel, and serving a Notice of Hearing listing the additional motions to be heard and stating that such consent was given.

CRITICALCivil cases

Next of kin and other interested persons must be served with the petition for appointment of guardian.

Florida law requires that next of kin be identified in the petition to determine incapacity and that these individuals, along with other interested persons, be served with the petition for appointment of guardian.

CRITICALCivil cases

The certificate of service identifies service on the ward in a limited guardianship, the ward’s attorney, and interested persons or parties.

REMEMBER CERTIFICATE OF SERVICE: *On Ward, if a Limited Guardianship *Ward’s Attorney (usually court-appointed) *Interested Persons/Parties

CRITICALCivil cases

Applies to

Motion to compel payment

An examining committee member who files a motion to compel payment must send a copy to the petitioner, guardian, and counsel.

The examining committee member shall send a copy of the motion to the petitioner, guardian and counsel.

CRITICAL

Only the party who set a hearing may cancel it, and that party must notify everyone, including unrepresented parties, of the cancellation.

Only the party who set the hearing may cancel it and it is that party’s responsibility to notify everyone, including unrepresented parties, of the cancellation.

CRITICALCivil cases

Each party must exchange 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>>.

CRITICALCivil cases

The parties must disclose and exchange discovery intended for use as trial exhibits at least 15 days before trial, unless the parties agree to a written extension or the Court orders one.

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>>, unless a written stipulation for an extension of time is otherwise agreed to by the parties or ordered by the Court.

CRITICAL

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

Applies to

Objection explanation

Copy opposing counsel on the written explanation submitted 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

Each party must exchange 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

The submitting party or counsel must provide copies of the signed order or judgment to any party not included on the service list.

b. Once the proposed order or judgment is signed, it will be e-filed. It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list.

CRITICALCivil cases

Each party must exchange 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>>.

CRITICALCivil cases

Each party must exchange copies of all exhibits it intends to use at trial at least 15 days before trial.

No later than fifteen (15) days prior to the Non-jury trial, each party shall exchange copies of any and all exhibits they intend to use at the non-jury trial.

CRITICAL

Applies to

Proposed order

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

Deadline

72 hours

Exhibits for a virtual hearing must be provided to the Court with opposing counsel copied.

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

Applies to

Order

Service

Electronic service

A person or entity entitled to service of the order and required to participate in e-service must be added as a service recipient in the E-Filing Portal before submission if not already listed.

Please note, if a person or entity is entitled to service of the order, is a person or entity required to participate in e-service, but they are not included as a service recipient in the E-Filing Portal, then that person or entity must be added as a service recipient in the E-Filing Portal prior to submission.

CRITICAL

Copies of the transmittal letter and proposed order must be sent to the opposing party.

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 party.

CRITICAL

The submitting party must provide signed-order copies to parties who are not on the portal e-service list.

It will your responsibility to provide copies of the signed order to all parties who are not included on the e-service list through the portal.

CRITICAL

Motions for new trial or rehearing should be served within 10 days of the applicable verdict or judgment, and reconsideration motions follow the same service procedure.

Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action. You must file the original with the Clerk and email or mail in a courtesy copy to the Judge. If a rehearing is to be held, the judicial assistant will email you available dates and times for you to clear and notice the hearing. Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

CRITICAL

For a non-ex-parte emergency motion, the submission must be copied to the opposing party or counsel.

Unless the Emergency 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, who may send in a timely response per the procedure of this Judge’s office.

CRITICAL

The written explanation of an objection must be copied to opposing counsel.

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

CRITICALCivil cases

Service

Electronic service to all parties

Copies are to be provided to all counsel of record through the e-filing portal.

Copies to all counsel of record via e-filing portal

CRITICAL

Service

Mail to all parties

Counsel mailing a proposed order must provide enough copies and stamped envelopes for conformed copies to be mailed to all parties and counsel.

Counsel must include sufficient copies and stamped envelopes to be conformed and mailed out to all parties/counsel.

CRITICALCivil cases

The certificate states that the document was filed and served on all parties through the Florida E-Filing Portal, email, or U.S. Mail on that date.

I HEREBY CERTIFY that a copy of the foregoing has been filed and served on all parties via Florida’s E-Filing Portal, electronic mail, or U.S. Mail this date.

CRITICAL

Applies to

Motion for reconsideration

A motion for reconsideration must follow the same procedures as a motion for rehearing.

Any Motion for Reconsideration shall follow the same procedures as a Motion for Rehearing.

CRITICAL

Applies to

Notice of hearing

The party calling 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 shall provide the Court and all other parties a Notice of Hearing.

CRITICAL

Applies to

Order

Service

Mail

Attorneys submitting proposed orders must mail copies of the orders to any pro se parties in the case.

Attorneys submitting proposed orders in cases in which there are pro se parties are responsible for mailing copies of orders to the pro se parties.

CRITICAL

Applies to

Notice of hearing

Service

Email to all parties

Provide the Notice of Hearing by email to all parties capable of receiving email.

All parties capable of receiving email should be provided with the Notice of Hearing by email.

CRITICAL

Applies to

Motion for new trial or rehearing

A motion for new trial or rehearing should be served within 10 days of the jury verdict or, in a non-jury action, within 10 days after the judgment is filed.

Florida Rule of Civil Procedure 1.530(b) provides that a Motion for New Trial or Motion for Rehearing should be served within 10 days of the jury verdict or 10 days from the filing of a judgment in a non-jury action.

CRITICAL

Exhibits over 50 pages or containing audio-video evidence must be provided to the Court in hard copy by U.S. mail, express mail, or hand delivery to the mailroom.

If a party’s exhibits are over 50 pages or contain audio-video evidence, please provide them via hard copy (US mail, express mail, or hand delivery to the mailroom).

CRITICALCivil cases

Deadline

3 business days

For contested or evidentiary matters where the court has granted a virtual appearance, exhibits must be provided to the court with opposing counsel copied at least three business days before the hearing.

This section only applies to those contested and/or evidentiary matters in which the Court has granted a virtual appearance. If the hearing is in-person, please refer to the Court’s General Preferences and Procedures. b. 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 and pre-marked as per Administrative Order 5-20.8.

CRITICAL

When providing virtual-hearing exhibits to the Court, the opposing counsel must be copied.

If any exhibits are to be introduced during the virtual hearing, they must be provided to the Court (copying opposing counsel)

CRITICAL

It is the responsibility of the submitting party/counsel to provide copies to any party

It is the responsibility of the submitting party/counsel to provide copies to any party

CRITICAL

The setting party must notify all hearing participants of the cancellation, including any self-represented party.

and to notify all participants of the cancellation, including any pro se party.

CRITICAL

Applies to

Notice of hearing

The party setting a matter 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

Applies to

Notice of hearing

A party requesting a case be heard 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 party who cancels a hearing must notify all participants, including any self-represented party.

Only the party who set the hearing may cancel it, and it is the party’s responsibility to file a written notice of cancellation of the hearing and to notify all participants of the cancellation, including any pro se party.

CRITICALCivil cases

Deadline

72 hours

When providing virtual-hearing exhibits to the Court, parties must also 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)

CRITICAL

The submitting party or counsel must provide copies of the signed order or judgment 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.

WARNINGCivil cases

Applies to

Notice of hearing

A party calling a case up for hearing should provide the Court and all other parties with a Notice of Hearing or Order Setting Hearing.

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:

WARNING

An interested party who agrees with the filings may file a joinder, waiver, and consent, which removes the obligation to serve that party with formal notice.

Alternatively, if the interested parties agree with the filings in the probate proceeding, they may file a joinder, waiver, and consent to the petition(s). The filing of these documents alleviates the obligation to serve a party with formal notice.

WARNING

Service

Mail

USPS Certified Mail is a common method for providing formal notice.

The most common method of providing formal notice is through USPS Certified Mail or by using a commercial delivery service that requires a signed receipt or any other form of confirmation of receipt.

WARNING

Proof of formal notice may include the certified-mail green card, delivery-service tracking confirming receipt, or similar evidence.

You may do this by filing the “green card” confirming certified mail service, tracking information from commercial delivery services confirming receipt, or other similar proof.

WARNING

Service

Electronic service to all parties

Before submitting a proposed order through the E-Filing Portal, all parties who are to be served by electronic service with a copy of the order should be added to the service recipient list if they are not already listed.

Before submitting a proposed order through the E-Filing Portal, all parties who are to be served by electronic service with a copy of the order should be added to the service recipient list if they are not already listed.

WARNING

The party who requires a court reporter must secure one and notify the opposing party three days before trial.

The party requiring a court reporter shall secure same, and notify the opposing party three (3) days prior to the trial.

WARNING

Discovery requests must be served early enough to allow a response before the discovery deadline.

Please be advised that discovery requests must be timely served so that the applicable rule allows for a response prior to the discovery deadline.

WARNINGCivil cases

Service

Email to all parties

b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.

b. Prehearing materials should be submitted in electronic format and attached to an email forwarded to mfreeman@jud10.flcourts.org, and copied to all other parties.