Limits & Logistics
Courtesy Copies
Courtesy copies
Motion for Rehearing
- 1 copy
Notice for Trial
- 1 copy
Notice of Hearing
- After Confirmation Email
Communication
Chambers
Phone
Chambers
Document Format Requirements12 rules
Otherwise, court permission for a virtual hearing must be obtained.
Any evidentiary hearing where testimony, exhibits, or other evidence will be provided, or any hearings scheduled for more than 30 minutes MUST be scheduled as in-person hearings, unless the Court has granted a special request for a participant to provide testimony virtually.
You must use the Court’s provided template when preparing you notice.
Formatting
- •Use the Court’s provided template when preparing the Notice of Hearing
Telephonic appearances without a camera are not permitted.
Parties appearing virtually must use an active camera and microphone.
Case law shall be submitted via email in Word format with relevant text/rule of law/holdings highlighted, you call also mail color copies with your hardcopy package.
- File type
- Word
Formatting
- •Color copies may also be mailed with the hardcopy package
With prior approval from the judicial assistant, parties who are unable to submit orders through the e-filing portal may submit the orders in Word (.docx) format to kwitt@jud10.flcourts.org.
- File type
- Word
- Proposed order
Transcripts must be full-page unless the Court authorizes condensed transcripts, and all transcript PDFs must be text searchable.
- File type
- Transcript
Formatting
- •All transcript PDF files must be text searchable
Court's wording
All transcripts provided or filed with the Court must be in full-page format, unless condensed transcripts are authorized by the Court. The Portable Document Format (“PDF”) file(s) of all transcripts must be text searchable.
PRO SE PETITIONERS: IF YOUR SUBMISSIONS ARE NOT LEGIBLE, THEY WILL BE REJECTED.
- Self-represented parties
Orders must use the format required for the Judge’s signature or they may be rejected.
Court's wording
Orders must have the correct format for the Judge’s signature to apply. Any orders that have been submitted that do not contain the correct format with be rejected. The Tenth Circuit has an Administrative Order regarding the correct formatting.
Said instructions should be in Word format.
- Proposed jury instructions
Formatting
- •Submit the instructions in Word format
Non-evidentiary hearings scheduled for less than 30 minutes may be held virtually through Microsoft Teams.
Document Filing Requirements31 rules
Such motion to appear virtually MUST state that all attorneys of record have been consulted and have no objection.
The proposed Final Judgment with copies to be conformed for each Respondent and envelopes for mailing, must be included in the packet.
All original documents must be filed with the Clerk of Courts. Do not send original documents with the packet.
File a notarized Affidavit of Compliance under Administrative Order No. 3-29.2 and include a copy in the judgment packet.
Court's wording
Our circuit requires the filing of a notarized AFFIDAVIT OF COMPLIANCE in accordance with Administrative Order No. 3-29.2. A copy of the notarized Affidavit of Compliance must be included in the packet.
If you are the non-movant, please provide a proposed reason order in Word denying summary judgment.
If you are the movant, please provide a proposed reason order in Word granting summary judgment.
You must follow Fla.R.Civ.P. 1.510.
The information for the virtual hearing must be included in the Notice of Hearing. Do not include instructions for appearing telephonically.
In addition, should you object that a fact is not supported by admissible evidence, please provide the Court with your objection/memorandum of law along with your highlighted case law with your Summary Judgment package as set forth above.
The summary-judgment package must contain the listed related documents, pleadings, affidavits, declarations, factual materials, tabbed and highlighted cited materials, and relevant discovery or deposition copies.
Court's wording
In your Summary Judgment package, you shall provide the Court with all documents that relate to the summary judgment requested or the non-movant’s response, all supporting pleadings, your affidavits, your declarations, your Designation of Specific Facts showing there is a genuine issue for trial, Supporting Factual Positions - Rule 1.510 (c)(1) & (5), cited materials that are tabbed and highlighted that you will be arguing, and copies of relevant discovery/depositions cited in pleadings and Rule 1.510 required documents.
Please do not submit proposed orders without submitting a courtesy of the supporting motion and a cover letter explaining whether a hearing was held or whether the entry of the proposed order is requested without the necessity of a hearing.
The Notice of Hearing on the Motion in Limine must identify the specific issues which remain in controversy after counsel have conferred.
Do not submit a cover letter that only says, “Enclosed please find a proposed order”, without the required explanation referenced above.
All original documents should be filed with the Clerk of Courts. Do not send original documents with the packet.
The motion in limine or its hearing notice must certify that the parties conferred in an attempt to resolve each portion of the motion.
- Document
- Motion in limine or notice of hearing
Must include
- •Certificate of conference
Court's wording
The Motion in Limine or Notice of Hearing on said Motion must contain a certification that the parties have conferred (as set forth above) in an attempt to resolve each portion of the Motion prior to court’s intervention.
The Motion in Limine must state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies.
Any emergency motion submitted for ex parte consideration, should clearly so state.
To have your case set for trial, you will need to file a Notice for Trial with the Clerk of Court and email or mail a hard copy to this office.
Amended orders without explanation in either the body of the proposed amended order or via cover letter will almost always be rejected.
For a non-ex-parte emergency motion, the email must include a cover letter stating that the opposing party or counsel was copied.
Court's wording
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.
The party submitting the exhibit shall fill in all blanks on the label except “admitted” and “excluded.”
Below is the exact formatting that can be copied and pasted into the signature part of the order: ORDERED in Wauchula, Hardee County, Florida on DDDD. JJJJ
- Document
- Order
- Placement
- Signature block
In accordance with the uniform Order Setting Pretrial Conference and Jury Trial and Directing Mediation, Plaintiff shall provide a complete set of proposed jury instructions.
All proposed orders must include a section at the bottom showing copies to all parties by name and email address, if known, or mailing address.
Defendant shall provide only special instructions not included in Plaintiff’s submission.
Exhibit labels must substantially follow the specified format and include the case number, party, exhibit number, admission or exclusion fields, and date.
Court's wording
The exhibit labels shall be in substantially the following format: Case No. __________________________________________ Party ______________________ Exhibit No. ______________ Admitted__________________ Excluded_________________ Date:_____________________________
Prior to any hearing all documents intended for admission into evidence shall have exhibit identification information pre-marked in a form suitable for receipt into evidence.
You must file the original with the Clerk and email or mail in a courtesy copy to the Judge.
Notices for hearing should include instructions for appearing in person, even if virtual appearance has also been authorized.
All information readily available (i.e. attorney’s fees and costs) should be completed.
Any additional or missing information may be provided by resubmitting a detailed cover letter with the proposed order.
Filing & Service rules
Electronic Filing Rules
Submit all proposed orders through the Florida Courts e-filing portal.
All proposed orders must be submitted through the Florida Courts e-filing portal.
Page 4 | SUBMITTING PROPOSED ORDERS
With prior approval from the judicial assistant, parties unable to use the e-filing portal may email orders in DOCX format to the specified address.
With prior approval from the judicial assistant, parties who are unable to submit orders through the e-filing portal may submit the orders in Word (.docx) format to kwitt@jud10.flcourts.org.
Page 4 | SUBMITTING PROPOSED ORDERS
Hard-copy proposed orders are not accepted and must not be mailed to the office.
Hard copies of proposed orders will no longer be accepted. Do not mail proposed orders and conforming copies to our office.
Page 5 | SUBMITTING PROPOSED ORDERS
Filing Timing and Cure Windows
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.
Page 2 | NOTICING HEARINGS
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.
Page 3 | SCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS
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.
Page 3 | CONTESTED SUMMARY JUDGMENT IN ALL PROCEEDINGS
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.
Page 4 | MOTIONS IN LIMINE
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.
Page 4 | MOTIONS IN LIMINE
If notified that a proposed order will not be entered, resubmit it after the issue preventing entry has been corrected or addressed at a hearing.
If you receive notice that your proposed order is not being entered for any reason, you will need to resubmit your order once the matter which precluded entry of the order has been corrected or addressed at a hearing.
Page 5 | SUBMITTING PROPOSED ORDERS
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.
Page 6 | JURY INSTRUCTIONS
The Court cannot view e-filed motions until 3–5 days after filing.
PLEASE NOTE: The Court is unable to view efiled motions until 3-5 days after they are efiled.
Page 4 | SUBMITTING PROPOSED ORDERS
Service and Proof of Service Rules
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.
Page 2 | NOTICING HEARINGS
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.
Page 2 | NOTICING HEARINGS
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.
Page 5 | SUBMITTING PROPOSED ORDERS
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.
Page 6 | MOTION(S) FOR 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.
Page 6 | MOTION(S) FOR REHEARING
Parties who cannot receive email may be served by first-class U.S. Mail.
Parties unable to receive email may be served by first class, U.S. Mail.
Page 2 | NOTICING HEARINGS
Only the party who scheduled a hearing may cancel it, and that party must notify all parties of the cancellation.
Only the party who set the hearing may cancel it, and it is that party’s responsibility to notify all parties of the cancellation.
Page 2 | HEARING CANCELLATIONS
Courtesy Copy Requirements
Provide the Court a courtesy copy of the Notice of Hearing after receiving the hearing confirmation email.
A courtesy copy of the Notice of Hearing must be provided to the Court after receiving the confirmation email for the hearing date/time.
Page 2 | NOTICING HEARINGS
You may need to provide a courtesy copy of your motion via email to the Court if your motion is not viewable on the docket screen.
You may need to provide a courtesy copy of your motion via email to the Court if your motion is not viewable on the docket screen.
Page 1 | SCHEDULING HEARINGS
Submit a courtesy copy of the motion through the e-filing portal with the proposed order to avoid delay in the Court considering the request.
If you do not also submit a courtesy copy of your motion through the efiling portal with your proposed order, there will be a delay in the Court entertaining your request.
Page 4 | SUBMITTING PROPOSED ORDERS
Send one copy of the Notice for Trial to the Judge’s office by email or mail.
To have your case set for trial, you will need to file a Notice for Trial with the Clerk of Court and email or mail a hard copy to this office.
Page 5 | TRIALS
Send one courtesy copy of the motion for rehearing to the Judge by email or mail.
You must file the original with the Clerk and email or mail in a courtesy copy to the Judge.
Page 6 | MOTION(S) FOR REHEARING
Pre-Motion Conference Requirements
Before scheduling a motion in limine hearing, counsel must confer in person or virtually in a substantive, good-faith effort to resolve the motion; exchanging ultimatums by fax, email, or letter is not a conference.
Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.
Page 4 | MOTIONS IN LIMINE
Chambers Communication Rules
If the State Attorney’s Office or defense counsel requires an inmate to appear in person for an evidentiary hearing, plea hearing, or samples collection, submit the request by email to the judge’s office no later than three business days before the hearing.
Should the State Attorney’s Office or defense counsel require the inmate to be present for any evidentiary hearing, plea hearing or samples collection, a request for in person appearance must be submitted via email. This request must be made no later than three (3) business days prior to the hearing date. All in person appearance requests must be submitted to the judge’s office, at kwitt@jud10.flcourts.org.
Criminal cases
Page 1 | HARDEE COUNTY INMATE APPEARANCE AT HEARINGS
Email a copy of an emergency motion to the Judge’s office.
Please email the Judge’s office a copy of the Emergency Motion to the office.
Page 5 | SUBMITTING EMERGENCY MOTIONS FOR CONSIDERATION
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.
Page 6 | JURY INSTRUCTIONS
If virtual observation is authorized, parties must provide observers with the hyperlink information and notify the Court in advance so the link can be activated.
It is the parties’ obligation to provide the hyperlink information to persons wanting to observe virtual court proceedings, if authorized, and to notify the Court in advance so the virtual link can be activated.
Page 7 | ATTENDANCE OF OBSERVERS
For weekend and holiday first-appearance hearings, consult Court Administration at the Polk County Courthouse for scheduling.
Weekend and Holiday First Appearance hearings are heard by the Circuit Wide Duty Judge. Consult Court Administration at the Polk County Courthouse for scheduling.
Criminal cases · Court notice
Page 1 | Hardee County First Appearance Hearings
To obtain hearing times, email the judicial assistant with all parties included.
You may email kwitt@jud10.flcourts.org with all parties included, to obtain hearing times for a hearing.
Page 1 | SCHEDULING HEARINGS
After the parties agree on a hearing date and time, email the judicial assistant with the agreed date and time.
After all parties have agreed upon a hearing date and time, email the judicial assistant with the agreed upon date and time.
Page 1 | SCHEDULING HEARINGS
Please call/email as soon as you learn that a hearing is to be cancelled.
Please call/email as soon as you learn that a hearing is to be cancelled.
Page 2 | HEARING CANCELLATIONS
Notify the Judge’s office as soon as possible if the required hearing time changes.
If the length of a hearing changes in any way (either more or less time will be required than what was reserved), please let the Judge’s office know as soon as possible as the remainder of that time may be needed for other hearings.
Page 2 | HEARING CANCELLATIONS
When there is no opposing counsel, contact the Judge’s office for available Foreclosure Docket hearing dates.
If there is no opposing counsel, a residential or commercial foreclosure Motion for Summary Judgment hearing may be scheduled on our Foreclosure Docket. Please contact the Judge’s office for available dates.
Page 3 | SCHEDULING MOTIONS FOR SUMMARY JUDGMENT HEARING FOR RESIDENTIAL/ COMMERCIAL FORECLOSURES WITH PRO SE DEFENDANTS (ONLY) INSTRUCTIONS
You may contact the judicial assistant about an order's status if the Court has not communicated and the order remains unentered one week after submission.
If you have not received any communication from the Court and your order has not been entered within one week of submission, you may contact the judicial assistant regarding the status of your order(s).
Page 5 | SUBMITTING PROPOSED ORDERS
If you do not receive a trial order within a reasonable time, you should inquire with the judicial assistant.
If you do not receive a trial order within a reasonable time, you should inquire with the judicial assistant.
Page 5 | TRIALS
Do not contact the Judicial Assistant with questions about a rejected order.
Please DO NOT contact the Judicial Assistant with questions about a rejected order.
Page 7 | REJECTED ORDERS
Do not use the court-provided chat feature without express authorization from the Court.
Court-provided remote technology includes a “chat” feature. The chat feature shall not be utilized without express authorization from the Court.
Page 7 | VIRTUAL COURTROOM ETIQUETTE
For approved alternative order submissions, contact the judicial assistant by email at the specified address.
With prior approval from the judicial assistant, parties who are unable to submit orders through the e-filing portal may submit the orders in Word (.docx) format to kwitt@jud10.flcourts.org.
Page 4 | SUBMITTING PROPOSED ORDERS
People not affiliated with a party may contact Tenth Circuit Court Technology to obtain access to the virtual hearing space.
Other persons not affiliated with a party may contact Tenth Circuit Court Technology for access to the virtual hearing space.
Page 7 | ATTENDANCE OF OBSERVERS