Fifth Judicial Circuit of Florida, Citrus, Hernando, Lake, Marion and Sumter Counties Electronic Filing Rules

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted by email using Word software.

Proposed orders must be submitted by e-mail and using Word software.

CRITICAL

Applies to

Proposed order

Proposed orders may not be submitted through the Florida Courts E-portal at this time.

Proposed orders are not accepted through the Florida Courts E-portal at this time.

CRITICAL

Applies to

Proposed order

For pro se parties covered by an email waiver, a preaddressed postage-paid envelope must accompany the proposed order submitted by U.S. mail or hand delivery.

If there are any pro se parties who are not required to designate their e-mail address because they have received a waiver from the Clerk of the Circuit Court, a preaddressed, postage paid envelope must be provided and submitted with the proposed order via U.S. Mail or hand delivery.

CRITICAL

Applies to

Proposed order

Proposed orders may not be sent as paper orders or through the court e-Portal and instead must be emailed.

Please do not send paper orders. Please do not send orders through the e-Portal.

CRITICAL

Applies to

Motion

Criminal pro se motions, including probation-modification or termination motions, must be filed with the Criminal Division Clerk with copies to the State Attorney and judge's office and cannot be submitted by email.

Pro se motions must be filed with the Clerk of Circuit Court, Criminal Division, with copies to the State Attorney and the Judge’s office. Pro se motions will not be accepted via e- mail. This includes motions to modify or terminate probation.

CRITICAL

Attorneys and self-represented litigants must use Form 2.603 to update their electronic-service contact information whenever their email account changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted electronically by email and may not be sent as paper orders.

ALL PROPOSED ORDERS shall be submitted for entry by email ONLY. Please do not send paper orders, as we endeavor to be a paperless office.

CRITICAL

Attorneys and self-represented litigants must provide an email address for electronic delivery of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

CRITICAL

Applies to

Proposed order

All proposed orders must be submitted through the E-portal.

ALL PROPOSED ORDERS shall be submitted for entry through the E-portal.

CRITICAL

Applies to

Certificate

Original wills and death certificates must be sent directly to the clerk of court.

Please DO send Original Wills and/or Death Certificates directly to the Clerk of Court.

CRITICAL

Applies to

Motion

Emergency motions must be filed with the clerk, and copies emailed to sturner@circuit5.org, along with any related supporting documents, and cover letter.

Emergency motions must be filed with the clerk, and copies emailed to sturner@circuit5.org, along with any related supporting documents, and cover letter.

CRITICAL

Applies to

Proposed order

Probate proposed orders must not be sent to the clerk.

Please DO NOT send proposed orders to the Clerk.

CRITICAL

Applies to

Proposed order

Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).

Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).

CRITICAL

Applies to

Proposed order

Probate proposed orders may not be e-filed through the e-portal because the clerk will reject them.

Please DO NOT attempt to e-file proposed orders through the e-portal (they will be rejected by the Clerk).

CRITICAL

Applies to

Final judgment

Final judgments must be filed through the Florida Courts E-Portal at least 15 business days before the hearing.

All Final Judgments must be filed through the Florida Courts E-Portal 15 business days prior to the hearing.

CRITICAL

All proposed orders must be submitted electronically by email, and paper orders must not be sent to the court.

ALL PROPOSED ORDERS shall be submitted for entry by email ONLY. Please do not send paper orders, as we endeavor to be a paperless office.

CRITICAL

Applies to

Motion

The email-submission prohibition also applies to motions to modify or terminate probation early.

This includes motions to modify probation or early terminate probation.

CRITICAL

Applies to

Motion

Pro se motions cannot be submitted by email.

Pro se motions will not be accepted via e-mail.

CRITICAL

Filings should be paperless, and paper or U.S. Mail submission is prohibited unless absolutely necessary and approved in advance.

PAPERLESS: 100% paperless is the goal. Please do not submit copies of motions, proposed orders, or anything else in paper format or through the U.S. Mail unless absolutely necessary and with prior approval. This includes evidence – see below.

CRITICAL

The court does not accept paper evidence at trials or hearings.

This Court does not accept paper evidence during trials or hearings.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted through the E-Portal.

FOR PROPOSED ORDERS submitted through the E-Portal.

CRITICAL

Applies to

Evidence exhibits

Electronic evidence must be emailed to the Court and opposing counsel at least two business days before a bench trial or evidentiary hearing.

Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.

CRITICAL

Filings should be paperless, and paper or U.S. Mail submission is prohibited unless absolutely necessary and approved in advance.

PAPERLESS: 100% paperless is the goal. Please do not submit copies of motions, proposed orders, or anything else in paper format or through the U.S. Mail unless absolutely necessary and with prior approval. This includes evidence – see below.

CRITICAL

Applies to

Proposed order

Paper proposed orders must not be sent to the judicial assistant because they will be discarded.

Do not EVER send paper proposed orders to the judicial assistant – they will be placed in the recycle bin.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted through the court’s E-portal.

Orders are to be submitted via the E-portal per our webpage.

CRITICAL

Paper evidence is not accepted; electronic evidence must be submitted to the Court and opposing counsel at least two business days before any bench trial or evidentiary hearing.

This Court does not accept paper evidence. Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to hernandoprobate@circuit5.org at least 2 business days before the hearing/trial.

CRITICAL

Applies to

Proposed order

All proposed orders must be submitted through the Florida Courts E-portal.

All proposed orders shall be submitted through the Florida Courts E-portal.

CRITICAL

Applies to

Evidence exhibits

Paper evidence is prohibited in bench trials and evidentiary hearings.

This Court does not accept paper evidence.

CRITICAL

Applies to

Proposed order

Orders must be submitted through the court’s E-Portal.

Orders are to be submitted via the E-Portal per our webpage.

CRITICAL

Applies to

Proposed order

Paper proposed orders must not be sent to the judicial assistant.

Do not EVER send paper proposed orders to the judicial assistant – they will be placed in the recycle bin.

CRITICAL

Applies to

Pleading

Parties must use the 5th Circuit website's Hernando/Judges/Scaglione pleading link to submit pleadings.

Parties are to use the pleading link on the 5th Circuit website at Hernando/Judges/Scaglione.

CRITICALCivil cases

Applies to

Request for relief

All requests for relief must be electronically filed with the clerk and followed by a mailed courtesy copy to the presiding judge.

Requests for relief from court must be e-filed with the Clerk and then a courtesy copy sent to the Presiding Judge by mail (the clerk does not send the judges any e-filed motions or requests for relief.)

CRITICAL

Applies to

Pleading

Pleadings may not be transmitted to the court by facsimile.

Pleadings submitted to the Court may NOT be transmitted by facsimile.

CRITICALCivil cases

All original pleadings and papers must be electronically filed with the court clerk.

All original pleadings and papers shall be filed (e-filed) with the clerk of the court

CRITICAL

Applies to

Proposed order

All proposed orders must be submitted to the court by email through the designated Courtesy Copy link.

Proposed orders are to be submitted to the Court via email at the Court's Courtesy Copy link DES-circuitcivil@circuit5.org.

CRITICALCivil cases

The moving party must email the filing to the court through the designated courtesy-copy link.

The moving party shall email filing to the Court via courtesy copy link (see Webpage).

CRITICAL

Applies to

Proposed order

After the motion and supporting documents are docketed, the proposed order must be uploaded to the Judiciary through the Court's e-filing portal.

After a motion has been filed with the Sumter Clerk of Court and the filer has received confirmation the Clerk has docketed the motion and any supporting documents, all Proposed Orders must: be in WORD format; contain the case number, contain a proper certificate of service; conform to electronic filing requirements; be uploaded to the Court’s e-filing portal to the judiciary.

CRITICAL

Applies to

Proposed order

A proposed order granting a motion for a witness to appear by Zoom must be uploaded.

To facilitate Zoom use, confer with opposing counsel, submit an agreed or contested motion with proposed order to allow your witness to appear via zoom, and upload a proposed order granting your motion.

CRITICAL

Applies to

Stipulated case management plan

The Stipulated Civil Case Management Plan must be e-filed with the clerk by itself and not combined with the order approving it.

Judge Daly- Stipulated Case Management Plan -Efile to clerk. The Stipulated CMP only is to be e-filed with the clerks. Please do not combine the CMP and the Order Approving the CMP as one document.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted electronically by email, and paper orders must not be sent.

ALL PROPOSED ORDERS shall be submitted for entry by email ONLY. Please do not send paper orders.

CRITICAL

Case law shorter than 15 pages must be submitted to the Judicial Assistant by email.

Case law to be considered by the Court that is less than fifteen (15) pages shall be submitted via email to the Judicial Assistant.

CRITICAL

Applies to

Waiver of appearance

Defense counsel may e-file a defendant-signed waiver of appearance before the specified court proceeding.

Said Waiver of Appearance shall be signed by the defendant and e-filed prior to the day of the proceeding.

CRITICAL

Case law longer than 15 pages must be submitted by U.S. mail or hand delivery.

Case law over fifteen (15) pages shall be submitted by U.S. Mail or Hand Delivery.

CRITICAL

Applies to

Notice of hearing

After hearing-date confirmation, the requesting party must prepare and electronically file a hearing notice stating the allotted hearing time and send one courtesy copy by email to the Judicial Assistant.

Upon confirmation by the Judicial Assistant of the coordinated hearing date and time, the requesting party shall prepare the notice for the hearing and e-file same, providing a courtesy copy to the Judicial Assistant via email. The notice should include the amount of time set aside for the hearing.

CRITICALCriminal cases

Applies to

Proposed order

All proposed orders must be submitted for entry by email only to the court’s designated order-submission address.

ALL PROPOSED ORDERS shall be submitted for entry by email ONLY to CitrusJudgeHealisOrderSubmissions@circuit5.org

CRITICALCriminal cases

Applies to

Jury instructions

Jury instructions must be circulated between counsel and emailed to the court with both parties included by 5:00 p.m. on the Friday before trial.

Jury Instructions shall be circulated between the ASA and defense attorney and submitted to the Court via email with both parties included, the Friday before the trial date by 5:00pm.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders may not be submitted through the court's electronic filing portal.

The Court does not accept Orders through the Court’s e-filing portal.

CRITICAL

Applies to

Proposed order

Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).

Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).

CRITICAL

All documents must be filed with the Clerk rather than the Judge.

All documents must be filed with the Clerk’s office, not the Judge’s office.

CRITICALCivil cases

Applies to

Completed checklist

The completed checklist and all required documents must be emailed.

You must email this COMPLETED checklist with all documents required herein.

CRITICAL

Applies to

Proposed order

Parties must not send proposed orders directly to the Clerk.

Please DO NOT send proposed orders to the Clerk.

CRITICAL

Applies to

Proposed order

Probate proposed orders must not be e-filed through the e-portal and will be rejected if submitted that way.

Please DO NOT attempt to e-file proposed orders through the e-portal (they will be rejected by the Clerk).

CRITICAL

Applies to

Proposed order

Proposed orders cannot be submitted through the e-portal and must instead be emailed to the Judicial Assistant in Microsoft Word format.

Proposed orders are not being accepted through the e-portal at this time. Proposed orders must be submitted to the Judicial Assistant via e-mail at rkinsey@circuit5.org in Microsoft Word format.

CRITICAL

Applies to

Mortgage foreclosure summary judgment checklist

The mortgage foreclosure summary judgment checklist must be completed and submitted with the required supporting documents by e-filing at least 10 business days before the hearing.

Complete in full and submit via e-filing along with all of the other required supporting documentation 10 business days prior to the summary judgment hearing.

CRITICAL

Applies to

Hearing materials

Documents exceeding 10 pages must be sent to the court by mail.

If you are submitting more than 10 pages, the documents must be sent by mail.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted through the E-Portal.

FOR PROPOSED ORDERS submitted through the E-Portal.

CRITICAL

Attorneys and self-represented litigants must provide an email address for electronic delivery of signed orders unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted through the E-portal.

Please submit proposed orders via the E-portal.

CRITICAL

Applies to

Exhibits

Copies of exhibits must not be sent to the Court in advance of an in-person hearing.

If your hearing is in person, do not send copies of your exhibits ahead of time to the Court.

CRITICAL

Applies to

Order

The Court does not accept orders through the Court’s e-filing portal.

THE COURT DOES NOT ACCEPT ORDERS THROUGH THE COURT’S E-FILING PORTAL!

CRITICAL

Applies to

Proposed order

A proposed order submitted by email must be ready for immediate entry, and opposing counsel or the opposing party must approve it before submission to the judge.

➢ We DO NOT ACCEPT Orders via email that are not ready for immediate entry (i.e. allow 5 days to object, etc.). You shall obtain approval of opposing counsel or the opposing party of the proposed Order prior to your submission to the Judge for entry.

CRITICAL

Applies to

Motion

Motions requiring an evidentiary hearing must be electronically filed with the Clerk before requesting hearing time.

Motions requiring an evidentiary hearing must first be electronically filed with the Clerk of Court.

CRITICAL

Applies to

Signed orders

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders and update it through Form 2.603 when the registered email changes, unless excused.

E-Filing Portal Contact Information: All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Applies to

Exhibits

All exhibits must be emailed to the judicial assistant, and a hard copy must also be delivered to chambers.

Submit all exhibits electronically by e-mail to the judicial assistant at mstevens@circuit5.org, and a hard copy must be delivered to chambers.

WARNING

Applies to

Proposed order

When all parties are represented by counsel, proposed orders may be submitted by email to the Judicial Assistant at mberrios@circuit5.org.

Proposed orders may be submitted by e-mail to mberrios@circuit5.org, if all parties are represented by counsel.

WARNING

Applies to

Proposed order

Paperless: • 100% paperless is the goal. Please do not submit proposed orders in paper format or through the mail. Orders should be submitted by eservice portal and are typically dealt with within 2 business days. Any other submission must be emailed to kmarsh@circuit5.org.

Paperless: • 100% paperless is the goal. Please do not submit proposed orders in paper format or through the mail. Orders should be submitted by eservice portal and are typically dealt with within 2 business days. Any other submission must be emailed to kmarsh@circuit5.org.

WARNINGCivil cases

Applies to

Agreed order

Agreed orders may be submitted to the judicial assistant by email, but must not be sent by both email and U.S. Mail.

All agreed orders may be submitted through email to the JA at acoluccio@circuit5.org. Do NOT send orders via email AND U.S. Mail. This creates double work.

WARNING

Proposed orders and copies of pleadings must not be submitted in paper format or through the U.S. Mail.

The Probate Division in Hernando County strives to be 100% paperless. Please do not submit proposed orders or copies of pleadings in paper format or through the U.S. Mail.

WARNING

Applies to

Confirmed agreement

A confirmed agreement may be submitted by email or letter and must state that opposing counsel agrees to the agreed order's contents.

A confirmed agreement can be submitted either by email or letter form in where it states that the opposing counsel agrees to the contents of the agreed order.

WARNING

Applies to

Proposed order

All other proposed orders should be submitted through e-mail to Audrey Hatcher in an editable document such Microsoft Word.

All other proposed orders should be submitted through e-mail to Audrey Hatcher in an editable document such Microsoft Word.

WARNINGCivil cases

Applies to

Proposed order

Orders should not be sent via US Mail AND by e-mail. Please use one or the other, but not both.

Orders should not be sent via US Mail AND by e-mail. Please use one or the other, but not both.

WARNINGCivil cases

Applies to

Proposed order

If any party is served by U.S. mail, the proposed order must be submitted in hard copy to chambers with sufficient copies and stamped, addressed envelopes for parties not receiving electronic service.

If any party receives service by U.S. Mail, then proposed orders should be submitted in hard copy to Chambers (Marion County Judicial Center, 110 NW 1st Avenue, Ocala, FL 34475), with sufficient copies and stamped, addressed envelopes for all parties not receiving e-service.

WARNINGCivil cases

Applies to

Proposed order

When all parties receive electronic service, the proposed order should be emailed in Word format to swaldron@circuit5.org.

If all parties receive e-service, proposed orders should be submitted in Word format via email to swaldron@circuit5.org.

WARNINGCivil cases

Applies to

Proposed order

An agreed or unopposed proposed order must be submitted by email in Word format.

Agreed/Unopposed Orders are to be submitted to swaldron@circuit5.org (in Word format) with a copy of the motion and a notation that the proposed Order is agreed or unopposed, and accompanied by a cover letter indicating that opposing counsel has approved the form of the order.

WARNING

Applies to

Proposed order

Copies-to-conform and stamped return envelopes are not required because the court will electronically file and serve the orders through the e-Portal.

Please DO NOT send copies to conform or stamped, self-addressed envelopes. All orders will be e-filed and e-served upon everyone in the e-Portal.

WARNING

Applies to

Hearing materials

Documents of 10 pages or fewer may be emailed to JudgeLambertOrders@circuit5.org.

If you are submitting 10 pages or fewer, you may email the documents to JudgeLambertOrders@circuit5.org

WARNING

Applies to

Proposed order

Noncompliant proposed-order submissions will be rejected and may delay case processing.

Please note that failure to comply with the above procedures will result in the Proposed Orders being Rejected and a delay in processing your case(s).

WARNING

Attorneys and self-represented litigants must use Form 2.603 to update their contact information whenever their electronic-service email changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

WARNING

Applies to

Proposed order

The proposed order should not be emailed when it is already being provided to the court office by mail or hand delivery.

To prevent duplicate submissions - please do not email the order if it is being provided to our office via mail or hand-delivery.

WARNING

Applies to

Proposed order

A proposed order may be submitted by email to the judicial assistant or through the E-Filing Portal.

Submission Method: Either via e-mail to mstevens@circuit5.org, or E-Filing Portal.

INFO

Applies to

Case law or memorandum of law

Case law and hearing memoranda may be submitted electronically to Tammie Vinson by email.

Any party desiring to submit case law and/or a memorandum of law for an upcoming hearing may submit these materials electronically to Tammie Vinson at tvinson@circuit5.org .

INFO

Applies to

Proposed order

Civil proposed orders may be submitted by email.

All orders may be submitted through email.

INFO

Applies to

Proposed order

Proposed guardianship orders may be emailed to the judicial assistant or submitted through the court's e-portal.

Proposed orders can be e-mailed to jweeks@circuit5.org, filed through the e-portal with proper formatting or sent to our office address: 20 N. Main Street, Room 130, Brooksville, FL 34601.

INFO

Applies to

Evidence exhibits

Materials already in the court file need not be resubmitted as evidence because the Court will take judicial notice of them.

Pursuant to F.S. 90.202(6), the Court will take judicial notice of items already in the court file (pleadings, orders, financial affidavits, etc.) so those items need not be provided.

INFO

Applies to

Evidence exhibits

Parties transmitting a large volume of evidence are encouraged to use Dropbox or a secure ZIP file.

Parties with a large number of exhibits should consider using “dropbox” or a secure zip file to transmit large amounts of evidence to the Court.

INFO

Evidence may be transmitted to the Court by email attachment, U.S. Mail, hand delivery, or another physical-delivery method.

Evidence may be shared with the Court by email attachment to pbarto@circuit5.org or some means of physical delivery (US Mail, hand delivery, etc.).

INFO

Case law and memoranda of law may be submitted electronically to Audrey Hatcher for an upcoming hearing.

Any party desiring to submit case law and/or a memorandum of law for an upcoming hearing may submit these materials electronically to Audrey Hatcher.

INFO

Applies to

Hearing materials

The court will accept hearing materials by U.S. Mail when their volume is too large for email.

If the volume of material is too large to be sent via email, then the court will accept the material through US Mail.