Fifth Judicial Circuit of Florida, Citrus, Hernando, Lake, Marion and Sumter Counties
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements34 rules
Do not insert memos, notes, or comments into your documents.
Formatting
- •Do not insert memos
- •Do not insert notes
- •Do not insert comments
Do not use page breaks or section breaks in your document.
Formatting
- •Do not use page breaks
- •Do not use section breaks
Do not put spaces in front of the JJJJ, GGGG or AAAA. To move the signature fields to the preferred location you should only use the Right Alignment Button.
Proposed Orders must be created in the latest version of Word (.docx)
- File type
- Word
- Proposed order
All proposed orders must use one of the court's website templates, which should be saved and reused.
Court's wording
*** PLEASE be sure you are using one of the Proposed Order templates found on our website at https://www.circuit5.org/submitting-proposed-orders/. Save these templates to your own PC and re-use them for all Proposed Orders you submit in the 5th Judicial Circuit.
Proposed Orders MUST be submitted in Microsoft Word .docx format.
- File type
- Word
- Proposed order
Proposed Orders in the 5th Judicial Circuit MUST include DJMCA formatting.
The codes MUST be in all CAPITAL LETTERS.
These codes MUST ONLY be used once per line. Two codes per line will not work.
You must add ONLY 4 letters for each field.
You must use DJMCA codes in pairs (e.g., JJJJ & DDDD for Judge’s signature).
Please be sure your Proposed Order is void of ANY images.
- Proposed order
Formatting
- •The proposed order must be void of any images
Once the Judge signs the Proposed Order electronically, all Proposed Orders are required to be converted to a PDF/A compliant document for E-Filing by the E-Portal.
- File type
- PDF/A
- Proposed order
Your Word document should be completely void of any page breaks, line breaks and section breaks, as they pose a significant risk for PDF/A conversion and electronic signing.
The Proposed Order must be a Microsoft Word Document (.docx).
- File type
- Word
- Proposed order
Be sure NOT to include or attach any exhibits to your Proposed Order as it will present an issue for the signature and PDF/A conversion process.
Plain text must be used; Any additional formatting like TEXT boxes, macros, formulas, Word field codes, etc., will present issues for the Judge when signing electronically.
Formatting
- •Use plain text
Do not use page breaks or section breaks in your document.
Do not insert memos, notes, or comments into your documents.
These codes should only be used once per line.
Formatting
- •Use each code only once per line
The codes must be all capital letters.
Formatting
- •Use capital letters for all codes
This will also result in the rejection of your document because the clerk’s office cannot delete pages once filed.
Failure to do this will result in the signature(s) not adhering and possible rejection of your document.
Formatting
- •Use right alignment to prevent signature-adherence problems and possible document rejection
Proposed Orders must be created in the latest version of Word (.docx)
- File type
- Word
- Proposed order
Formatting
- •Use the latest version of Word
You must use the codes as pairs (e.g., JJJJ & DDDD for Judge’s signature). Below are the required pairs.
Do not put spaces in front of the JJJJ, GGGG or AAAA.
You must add all 4 letters for each field.
Formatting
- •Include all four letters for each field
Cover Letters must be submitted as an Adobe .pdf document with any details that would normally be given to the Judge/JA via email for the Proposed Order
- File type
- Cover letter
When using the court's templates, format the proposed order so the judge's signature, which will occupy four lines, does not appear on a page by itself.
Court's wording
When working from the templates we have provided to you on our website, please keep in mind the DJMCA code for Judge’s signature will be replaced by a signature that will occupy 4 lines. Keep your formatting such that the signature does not land on a page by itself.
When bulk-generating Word documents, filers should check for hidden fields and special characters using Word's Show/Hide feature.
Court's wording
If you or your system is using any system or application to bulk generate Word documents, please check all hidden fields or special characters by clicking the “Show/Hide” button in Word to discover hidden characters like spaces, paragraph markers or hidden tab marks.
To move the signature fields to the preferred location you should only use the Right Alignment Button.
It will look as though a page of the filing is missing, even though it was only a blank page.
Hidden formatting like this will show up in the system and is difficult to remove for the recipient.
This causes blank pages to occur in the system.
Document Filing Requirements30 rules
Proposed orders must use the specified signature-field code pairs, including DDDD/JJJJ, MMMM/AAAA, RRRR/GGGG, and CCCC.
Court's wording
You must use the codes as pairs (e.g., JJJJ & DDDD for Judge’s signature). Below are the required pairs. • DDDD = Judge Signature Date/ JJJJ = Judge Signature • MMMM = Mailing Date/ AAAA = Judicial Assistant Signature • RRRR = Reported and Recommended Date/ GGGG = GM or JHO Signature • CCCC = Service List
The codes must be all capital letters. You must add all 4 letters for each field. These codes should only be used once per line.
All Proposed Orders MUST include the Unified Case Number (UCN).
- Document
- Proposed order
Must include
- •Case number
A hearing must be immediately requested on any objection filed.
Please make certain the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination are set forth with specificity.
Requests for an examination must set forth the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity.
The objections must state the specific reasons for the objections.
Plaintiff's counsel will notify, in writing within 7 days of the examination, the names, relationship to the plaintiff, and number of persons who will be present so that an examining room of sufficient size can be reserved.
Uniform Final Judgment of Foreclosure form used or written permission rec’d to deviate and exact legal description included.
Original Mortgage filed; or Count to Re-establish Lost Mortgage plead & affidavit filed in support of lost mortgage.
Motion for Summary Judgment, Notice of Hearing and all other supporting documentation E-filed & sent to Defendants pursuant to Florida Rule of Civil Procedure 1.510.
ATTORNEY’S CERTIFICATION – Must be certified by the attorney appearing in person at the hearing
- Document
- Attorney certification
- Placement
- Certificate section
Affidavits filed in Opposition to Motion for Summary Judgment
Notice of Sale, Certificate of Sale and Certificate of Title (forward to Clerk's office)
Certificate of Possession of Original Note is filed (F.S. 702.015(4))
Affidavit of Indebtedness (Principal, Interest, Late Charges)
This checklist must be completed IN FULL and submitted via e-filing along with all of the other required supporting documentation 10 business days prior to the summary judgment hearing.
Was a verified Complaint filed as required by Rule of Civil Procedure 1.115(e).
Original Note filed ; or Count to Re-establish Lost Note plead and affidavit filed in support of lost note.
Affidavit as to Costs
- Document
- Cost affidavit
Include
- •Affidavit as to Costs
The attorney appearing before the Court at the hearing shall re-certify the accuracy of this Checklist to the Court.
Affidavit as to Attorney Fees (rate per hour or flat fee). Is attorney fee less than 3% of principal?
Plaintiff is original lender; or Allonge or Assignment filed
A lawyer must promptly prepare a proposed order that accurately reflects the court’s ruling without argument, inflammatory remarks, or unannounced findings, and advise the court whether opposing counsel approved it.
Court's wording
A lawyer must promptly prepare a proposed order, ensure that the order fairly and adequately represents the court's ruling and does not include any argument, inflammato:ry remarks, or unannounced findings, before submitting the order to the court, and advise the court whether or not opposing counsel has approved the order. (See R. Regulating Fla. Bar 4-3.4(c)).
All notices of remote proceedings must include any meeting information required by the Court at the time of scheduling of the hearing
indicate that the proceeding will occur by video conferencing.
include, if available, the video conferencing details, including complete and accurate links and login information.
provide instructions for participation by telephone if a self-represented party does not have access to the video conferencing platform that is being used.
state that no party or counsel should appear in person at the proceeding, unless a hybrid remote/in-person hearing is otherwise anticipated, indicated, and previously arranged; and
If a Proposed Order is submitted with errors, it will be sent back to the creator to correct.
Filing & Service rules
Electronic Filing Rules
When multiple proposed orders are submitted in one filing, each order must be uploaded separately to the E-Portal.
If you are submitting multiple Proposed Orders within a single filing, each order MUST be uploaded as a separate document on the E-Portal.
Page 2 | PROPOSED ORDER DOCUMENT FORMATTING GUIDELINES
All foreclosure packet documents must be e-filed with the clerk when hearing time is reserved.
FORECLOSURE PACKET (All documents must be e-filed with the Clerk of Court when hearing time is reserved).
Civil cases
Page 1 | FORECLOSURE PACKET
A cover letter is optional, but if submitted it must be an Adobe PDF containing relevant details and must be uploaded separately from the proposed order.
A Cover Letter is Optional. Refer to the Judges Proposed Orders Requirements. Cover Letters must be submitted as an Adobe .pdf document with any details that would normally be given to the Judge/JA via email for the Proposed Order (Ex: Stipulation agreed upon by both attorney’s). This Cover Letter will be uploaded to the portal as a separate document from your Proposed Order.
Page 1 | Procedures for Submitting a Proposed Order in the 5th Judicial Circuit
Filing Timing and Cure Windows
Is hearing 40 days after MSJ filed?
Is hearing 40 days after MSJ filed?
Civil cases
Page 1 | FORECLOSURE PACKET
Service and Proof of Service Rules
All pleadings must be served timely to prevent prejudice or delay to the opposing party.
A lawyer must timely serve all pleadings to prevent prejudice or delay to the opposing party. (See R. Regulating Fla. Bar 4-3.2).
Page 4 | III. HONEST AND EFFECTIVE COMMUNICATION
A scheduling notice for a hearing, deposition, or trial must be provided immediately to all opposing parties.
A lawyer should immediately provide a scheduling notice for a hearing, deposition, or trial to all opposing parties.
Page 7 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
Opposing parties, subpoenaed witnesses, and the Court when applicable must be timely notified of a cancelled or rescheduled hearing, deposition, or trial.
A lawyer should timely notify opposing parties and subpoenaed witnesses of a cancelled or rescheduled hearing, deposition, or trial, including the Court when related to a hearing.
Page 7 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
Adjournment & Extension Requirements
Rescheduling, cancellation, extension, and postponement requests must have legitimate reasons and may not be sought solely for delay or an unfair advantage.
19. A lawyer must not request rescheduling, cancellations, extensions, and postponements without legitimate reasons or solely for the purpose of delay or obtaining unfair advantage. (See R. Regulating Fla. Bar 4-4.4).
Page 9 | Professional Expectations
Continuance requests based solely on preferring an in-person appearance are disfavored, must satisfy an extraordinary-circumstances standard, and should be made as early as practicable.
Requests for continuances based solely on a participant's preference to wait until the court event can be conducted in person are disfavored and will be considered only under extraordinary circumstances. Parties and counsel should make any such requests as early as practicable.
Page 13
Chambers Communication Rules
A lawyer must avoid substantive ex-parte communications with the presiding judge in a pending case.
A lawyer must avoid substantive ex-parte communications in a pending case with a presiding judge.
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
A lawyer must notify opposing counsel of communications with the court or tribunal unless the communication concerns only scheduling or clerical matters.
The lawyer must notify opposing counsel of all communications with the court or other tribunal, except those involving only scheduling or clerical matters. (See R. Regulating Fla. Bar 4-3.5).
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
When submitting a written court or tribunal communication, a lawyer should provide opposing counsel a contemporaneous copy or one sufficiently before the related hearing.
When submitting a written communication to a court or other tribunal, a lawyer should provide opposing counsel with a copy of the document contemporaneously or sufficiently in advance of any related hearing.
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play
Non-lawyer personnel may communicate with judges, judicial officers, or other court personnel only about scheduling and other ministerial matters.
A lawyer must not permit non-lawyer personnel to communicate with a judge or judicial officer on any matters pending before the judge or officer or with other court personnel except on scheduling and other ministerial matters. (See Regulating Fla. Bar 4-3.5(b) and 4-8.4(a)).
Page 6 | IV. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play