Limits & Logistics
Courtesy Copies
Courtesy copies
- Email • At Least 10 Days Before Hearing
- No Later Than Three Business Days Before Hearing
Notice of Hearing
- Email • After Confirmation and Filing
Communication
Chambers
Phone
Document Format Requirements8 rules
All proposed orders must comply with the formatting and technical requirements listed therein;
Exhibits for a virtual hearing must be pre-marked as required by Administrative Order 5-20.8.
Court's wording
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.
For contested or evidentiary matters where the court has granted a virtual appearance, exhibits to be introduced at the hearing must be pre-marked as required by Administrative Order 5-20.8.
Court's wording
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.
Any exhibits a party intends to introduce at a hearing should be pre-marked.
- Exhibits
Formatting
- •Exhibits intended for introduction at a hearing should be pre-marked
Any exhibits a party intends to introduce at a hearing should be pre-marked.
Below is an example of how the exhibits should be marked:
- Exhibits
Formatting
- •The document provides an example of how exhibits should be marked
Prehearing materials should be submitted in electronic format and attached to an email forwarded to btitus@jud10.flcourts.org, and copied to all other parties.
Each submitted item should be submitted as a separate attachment with a file name including the case number and a brief description clearly delineating the nature of the item. Example: “00DR00000 Husb Prop Fin Judg.”
Document Filing Requirements13 rules
All contested evidentiary hearings are scheduled as IN-PERSON hearings. All participants MUST appear in person unless there is a signed order granting a virtual appearance for each hearing.
The Notice of Hearing must include the length of time of the entire hearing.
All Notices of Hearing and orders setting a hearing must include the specified ADA notice.
Court's wording
The following ADA Notice must be included in all notices of hearing or orders setting hearing: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.
The location of the hearing must be included in the Notice of Hearing.
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.
Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.
It is the setting party’s responsibility to file a written Notice of Cancelation of the hearing
When filing documents containing specified confidential or non-public information, parties submitting an order must file a Notice of Confidential Information identifying each location and page and the type of information or applicable provision.
Court's wording
All parties submitting an order, including attorneys and self-represented litigants, will be required to file a Notice of Confidential Information in circuit civil, county civil and small claims court cases when filing documents with Social Security numbers, bank account numbers, or other non-public information; identify the precise location(s) of confidential information within the document, including each page number on which it appears; and identify the type of confidential information or provision that applies to the identified information.
All proposed orders or judgments being submitted without a hearing must include a copy of the motion in the submission to the Court.
All notices of hearing and orders setting hearing must include the specified ADA notice; the provided text ends mid-sentence.
Court's wording
The following ADA Notice must be included in all notices of hearing or orders setting hearing: i. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this
Do not include a certificate of service to be completed by the judicial assistant.
A party may request that a participant be allowed to appear virtually at a contested evidentiary hearing by filing a written motion identifying the basis for the request and which participant needs to appear virtually.
A hearing notice or setting order for a virtual hearing should include a link to the Polk Family Division 01 Virtual Courtroom.
Court's wording
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: i. A link to the “Polk Family Division 01 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual- courtroom-links/polk-family. The link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/ On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Family”, then click “Click here to enter Polk Family Division 01 Virtual Courtroom”.
Filing & Service rules
Electronic Filing Rules
A signed proposed order or judgment will be electronically filed.
Once the proposed order or judgment is signed, it will be e-filed.
Page 4 | 7. PROPOSED ORDERS AND JUDGMENTS
Proposed orders may not be submitted by email.
Proposed orders will no longer be accepted by email.
Page 4 | 7. PROPOSED ORDERS AND JUDGMENTS
Exhibits over 50 pages or containing audio-video evidence must be provided in hard copy by 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).
Civil cases
Page 5 | EVIDENCE FOR VIRTUAL HEARINGS
Filing Timing and Cure Windows
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.
Page 1 | 1. IN PERSON HEARINGS
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.
Page 2 | 2. SCHEDULING HEARINGS
A proposed order that fails to meet the Administrative Order’s requirements will be rejected and must be resubmitted.
proposed orders that fail to comply with the requirements of the Administrative Order will be rejected and must be resubmitted.
Page 4 | 7. PROPOSED ORDERS AND JUDGMENTS
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
Page 4 | 6. EVIDENCE
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.
Civil cases
Page 1 | APPROVAL FOR VIRTUAL APPEARANCES
Proposed orders or judgments will be held for five working days unless written confirmation states that 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.
Page 5 | 7. PROPOSED ORDERS AND JUDGMENTS
Service and Proof of Service Rules
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.
Page 2 | 3. NOTICE OF HEARINGS
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.
Page 3 | 4. CANCELLATION OF HEARINGS
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).
Page 4 | 6. EVIDENCE
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)
Page 4 | 6. EVIDENCE
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
Page 4 | 7. PROPOSED ORDERS AND JUDGMENTS
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.
Civil cases
Page 4 | EVIDENCE FOR VIRTUAL HEARINGS
A party setting a case for hearing should provide the hearing notice or setting order 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
Civil cases
Page 2 | NOTICING VIRTUAL HEARINGS
Prehearing materials should be submitted in electronic format and attached to an email forwarded to btitus@jud10.flcourts.org, and copied to all other parties.
Prehearing materials should be submitted in electronic format and attached to an email forwarded to btitus@jud10.flcourts.org, and copied to all other parties.
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
Courtesy Copy Requirements
Email the Judicial Assistant a copy of the motion being heard, case law, all exhibits, and the Notice of Hearing at least ten days before the hearing.
A copy of the Motion that is being heard, case law and all exhibits, along with the Notice of Hearing must be emailed to btitus@jud10.flcourts.org at least ten (10) days prior to the hearing.
Page 2 | 3. NOTICE OF HEARINGS
After the hearing is confirmed and the Notice of Hearing is filed, email a courtesy copy to the Judicial Assistant.
Once the hearing is confirmed and the Notice of Hearing has been filed, please email a courtesy copy to the Court’s Judicial Assistant.
Page 2 | 3. NOTICE OF HEARINGS
Required courtesy copies must be submitted timely; failure may result in denial of a motion or continuance of the hearing.
FAILURE TO TIMELY SUBMIT THE REQUIRED COURTESY COPIES MAY RESULT IN DENIAL OF A MOTION OR CONTINUANCE OF HEARING.
Page 3
All parties must submit courtesy copies of caselaw and other materials they intend to rely on or refer to at a virtual hearing no later than three business days before the hearing.
No later than three (3) business days prior to any hearing, all parties must submit to the court courtesy copies of caselaw or any other materials the party intends to rely upon or refer to during the virtual hearing
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
Sealing & Redaction Procedures
Parties submitting orders must ensure confidential information is appropriately redacted or identified for redaction.
Effective July 1, 2021, parties submitting orders are solely responsible for ensuring any confidential information contained in filings in these cases is appropriately redacted or identified for redaction.
Page 5 | 7. PROPOSED ORDERS AND JUDGMENTS
Adjournment & Extension Requirements
A party must cancel any hearing it set on the Judge’s calendar even if the case settles.
If the case settles, you must still cancel any hearings that you have set on the Judge’s calendar.
Page 3 | 4. CANCELLATION OF HEARINGS
Only the party who set a hearing may cancel it, subject to the consent and approval requirements.
Only the party who set the hearing may cancel it (subject to section 4.a. above).
Page 3 | 4. CANCELLATION OF HEARINGS
A hearing scheduled for at least two hours may be canceled only with mutual consent and Court approval.
All hearings scheduled for two (2) hours or more may not be canceled without the mutual consent of the parties, or their counsels, and approval of the Court.
Page 3 | 4. CANCELLATION OF HEARINGS
Chambers Communication Rules
After filing an emergency motion with the Clerk, the filer must email a copy to the Court.
After the emergency motion is filed with the Clerk of Court, please email a copy of any emergency motion to the Court.
Page 3 | 5. EMERGENCY MOTIONS
Once all parties agree on a hearing date and time, email the Judicial Assistant the agreed date and time and each party’s allotted presentation time.
After all parties have agreed upon a hearing date and time, email the Court’s Judicial Assistant with the agreed upon date and time, along with the time each party will require to present his or her position during the hearing.
Page 1 | 2. SCHEDULING HEARINGS
Request hearing time by emailing the Judicial Assistant with the case number, party names, matters to be heard, and time required; the scheduling party must first contact the other parties to determine their time needs.
Hearing time may be obtained by email to the Court’s Judicial Assistant at btitus@jud10.flcourts.org. Such request must include the case number, party names, matter(s) to be heard, and time required. The party scheduling a hearing is responsible for contacting all other parties to determine how much time each party will require.
Page 1 | 2. SCHEDULING HEARINGS
Do not include the Court in electronic communications with other parties coordinating hearing times.
After obtaining available hearing times, do not include the Court in any electronic communications with other parties relating to the coordination of hearing time.
Page 1 | 2. SCHEDULING HEARINGS
A person requesting disability accommodation should contact the Office of the Court Administrator at least seven days before the appearance, or immediately upon receiving the notice if fewer than seven days remain; hearing- or voice-impaired persons may use the listed TDD or relay service.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.
Page 2 | 3. NOTICE OF HEARINGS
Hearing times are assigned first come, first served, and a time is not reserved until the Court sends a confirmation email.
Hearing times are booked on a first come, first serve basis and hearing times are not reserved until the confirmation email is sent.
Page 2 | 2. SCHEDULING HEARINGS
Send a return email to reserve a particular hearing date and time.
You must send back an email to reserve a particular hearing date/time.
Page 2 | 2. SCHEDULING HEARINGS
The Court must be called as soon as a party learns that a hearing is to be canceled.
Please call as soon as you learn that a hearing is to be canceled.
Page 3 | 4. CANCELLATION OF HEARINGS
If a hearing’s expected length changes, the Court should be notified as soon as possible.
As a courtesy, if the length of a hearing changes in any way (for example, a case settles and you know that a long hearing will only take a few minutes rather than an hour), please notify the Court as soon as possible.
Page 3 | 4. CANCELLATION OF HEARINGS
Verify the correct judge with the Clerk’s Office before submitting a motion or proposed order for consideration.
Please verify the correct Judge with the Clerk’s Office prior to submitting the motion/proposed Order for consideration.
Page 5 | 7. PROPOSED ORDERS AND JUDGMENTS
Contact the court before using a method other than email to transmit prehearing materials.
Please contact the court before using a method other than email to transmit prehearing materials.
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS
Exhibits under 50 pages may be provided to the Court by email at btitus@jud10.flcourts.org.
If a party’s exhibits are under 50 pages, they may be provided to the Court via email at btitus@jud10.flcourts.org.
Page 4 | 6. EVIDENCE
Prehearing materials should be submitted in electronic format and attached to an email forwarded to btitus@jud10.flcourts.org, and copied to all other parties.
Prehearing materials should be submitted in electronic format and attached to an email forwarded to btitus@jud10.flcourts.org, and copied to all other parties.
Civil cases
Page 3 | SUBMISSION OF CASELAW AND OTHER PREHEARING MATERIALS FOR VIRTUAL HEARINGS