Judge Alicia Polk
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
- Before Hearing
Emergency Motion
- Email • Upon Filing
Notice of Cancellation
Notice of Hearing
- Email • Within 24 Hours
Adjournments
- A motion to continue trial requires client signature absent very good cause and requires a hearing even if counsel stipulates to it.
- Parties may extend a case-management deadline by agreed order when the change does not affect downstream dates.
- When changing a case-management deadline would affect downstream dates, parties must move to amend the case management order rather than extend only the one deadline.
- +3 more
Request must include
Communication
Chambers
Phone
Document Format Requirements4 rules
Hearing materials must include the notice, motion, responses, case law with the relevant portions highlighted, and pre-marked evidence in a tabbed and indexed binder.
- Hearing materials
Formatting
- •Relevant portions of each case must be highlighted
- •The motion in which cases are cited must not be highlighted
- •Pre-marked evidence must be included
Court's wording
All documents which include the notice of hearing, the motion to be heard and any responses shall be provided with the case law (CASE LAW IS TO BE HIGHLIGHTED as to the specific portions the attorney will refer to WITHIN THAT CASE and want the Judge to consider. DO NOT HIGHLIGHT IN THE MOTION WHERE THE CASES ARE CITED) and pre-marked evidence IN A BINDER TABBED AND INDEXED TO THE COURT as soon as possible via mail or courier.
All documents are to be uploaded as PDF Documents.
- File type
Any order or judgment which requires a sale date be filled in by the clerk, must be submitted as a hard copy package with sufficient copies and stamped addressed envelopes to the service list.
- File type
- Paper
- Proposed order
Formatting
- •Sufficient copies
This shall be red-lined and/or comments added in so that it is easy for the Court to see where the disagreements are.
Document Filing Requirements19 rules
All hearings must be coordinated with opposing counsel prior to confirming your hearing date and drafting your notice of hearing.
The Judicial Assistant must be notified by email in a timely manner and a Notice of Cancellation of Hearing should be filed with the Court with a courtesy copy sent to the Judicial Assistant.
PLEASE DO NOT GENERATE A NOTICE OF HEARING UNTIL YOU RECEIVE CONFIRMATION VIA EMAIL THAT IT HAS BEEN SCHEDULED.
The notice of hearing should be filed and a courtesy copy must be sent to CrCivE2@jud6.org within 24 hours of securing the date and time and served on all parties on the service list or your hearing will be cancelled.
A notice of cancellation of hearing must be filed after the case settles.
Court's wording
If the case settles, please email the Judicial Assistant to cancel any hearings or Trial that may be scheduled and file a Notice of Cancellation of Hearing and send a courtesy copy to the Judicial Assistant so it can be removed from the calendar.
The movant must place a substantially prescribed certificate of conferral at the end of the motion and above the signature block.
- Document
- Motion
- Placement
- Signature block
Must include
- •Certificate of conference
Court's wording
At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially in the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].” OR “I certify that conferral prior to filing is not required under rule 1.202.”
The Court requires that all proposed orders contain a cover letter stating that opposing counsel/pro se party has reviewed the proposed order and does not object. If no cover letter is provided indicating approval by the opposing side, the Court may take no action.
You must upload an explanatory cover letter and every proposed order must state whether opposing counsel has agreed to the form and content. All documents are to be uploaded as PDF Documents.
A motion to compel discovery must quote in full each discovery item addressed by the motion and the opposing party's objection and grounds.
Court's wording
Motions to compel discovery shall quote in full each interrogatory, question on deposition, request for admission or request for production to which the motion is addressed and the objection and grounds therefor as stated by the opposing party.
proposed orders shall be submitted to the Judge with a cover letter stating whether opposing counsel agrees to the proposed Order – or, that opposing counsel was given the opportunity to object to the proposed Order, but did not.
If noticed by a party, the notice “must identify the specific issues to be addressed during the case management conference AND must also provide a list of all pending motions.”
Parties must submit a proposed order concerning the case management conference by the court's deadline unless they obtain an extension.
Court's wording
At the end of a case management conference, the Court will give a deadline for submitting a proposed order re the case management conference. Parties have to submit a proposed order by that date unless they seek and receive an extension.
THE HEARING IS VIA ZOOM AND ANY PARTY WHO WANTS TO PARTICIPATE IN THE HEARING IS LOGIN TO ZOOM OR CALL AND ENTER MEETING ID: AND PASSCODE: .
Any orders uploaded to for consideration by the court shall include the date the request was sent, date response was due, date the attorney sent a good faith letter and that there was no response.
The court requests that the proponent of the motion submit the following documentation 14 days after filing the notice: the motion, the notice, any response with a cover letter that states if either party is requesting a hearing.
The following language should be included on the service list: “Plaintiff/Defendant will serve a conformed copy via U.S. Mail to the following:”
If parties can’t agree on the content of the order, they can submit competing orders. The parties have to notify the court of basis for any objections to the other side’s proposal at the time the order is submitted.
Orders submitted following a hearing should state that fact including the date of the hearing.
Transmittals of proposed orders should always reference the date of hearing.
Filing & Service rules
Electronic Filing Rules
Orders changing, canceling, or scheduling dates must not be uploaded without prior written confirmation from the Judicial Assistant.
DO NOT UPLOAD ORDERS CHANGING DATES, CANCELLING DATES OR SCHEDULING DATES WITHOUT FIRST RECEIVING WRITTEN CONFIRMATION FROM THE JUDICIAL ASSISTANT.
Page 6 | AGREED ORDERS
Orders that have not been agreed upon must not be uploaded.
DO NOT UPLOAD ORDERS THAT HAVE NOT BEEN AGREED UPON
Page 6 | PROPOSED ORDERS AFTER HEARING
If the parties cannot agree on a proposed order they should submit their own orders to the court by email to CrcivE2@jud6.org with a cover letter stating their objections.
If the parties cannot agree on a proposed order they should submit their own orders to the court by email to CrcivE2@jud6.org with a cover letter stating their objections.
Page 6 | PROPOSED ORDERS AFTER HEARING
A proposed order may be uploaded through JAWS with a cover letter requesting an ex parte ruling.
The proposed order may be uploaded in to JAWS along with a cover letter asking the Judge to rule ex parte.
Page 4 | Motions Considered Without a Hearing
Proposed orders should be uploaded to JAWS for judicial review and signature or rejection.
It is the Court’s preference that proposed orders be uploaded to JAWS (Judicial Automated Workflow System).
Page 5 | AGREED ORDERS
Filing Timing and Cure Windows
A matter cannot be scheduled for a hearing until its motions appear as filed on the clerk’s docket.
Until the motion(s) appear as filed on the Clerk’s docket, you cannot set the matter for a hearing.
Page 1 | SETTING HEARING TIME
Documents intended for consideration at a Zoom hearing must reach the judge’s office by physical delivery at least five business days before the hearing.
NOTE: ALL DOCUMENTS TO BE CONSIDERED MUST BE RECEIVED BY THE JUDGE’S OFFICE VIA US MAIL/FEDEX/UPS/COURIER (NOT EMAIL) AT LEAST 5 BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING.
Page 3 | Hearing Materials
Service and Proof of Service Rules
A motion must be filed and sent to the opposing counsel or self-represented party before a hearing may be scheduled.
Motions must be filed with the Clerk of Court and sent to opposing counsel/self-represented party prior to scheduling a hearing.
Page 1 | SETTING HEARING TIME
The notice of hearing must be served on all parties on the service list.
The notice of hearing should be filed and a courtesy copy must be sent to CrCivE2@jud6.org within 24 hours of securing the date and time and served on all parties on the service list or your hearing will be cancelled.
Page 2 | SETTING HEARING TIME
When a pro se party is present, the moving party must mail the order to that party.
If there is a pro se party, the moving party will be responsible for mailing the order to them.
Page 6 | PROPOSED ORDERS AFTER HEARING
The submitting party must serve any party without an email service address by U.S. mail.
If there are any parties without an email service address, it is the responsibility of the party submitting the order to serve those parties via U.S. Mail.
Page 6 | AGREED ORDERS
Electronically conformed copies are provided only to email addresses properly associated with the case in JAWS.
Electronically conformed copies will only be provided to the email addresses which have been properly associated to the case in JAWS.
Page 6 | AGREED ORDERS
Opposing counsel or party must receive a copy of an emergency motion in the same manner as the court.
Opposing counsel/party is to be provided with a copy of the emergency Motion in the same manner as the court.
Page 7 | EMERGENCY HEARINGS:
Courtesy Copy Requirements
The notice of hearing should be filed and a courtesy copy must be sent to CrCivE2@jud6.org within 24 hours of securing the date and time and served on all parties on the service list or your hearing will be cancelled.
The notice of hearing should be filed and a courtesy copy must be sent to CrCivE2@jud6.org within 24 hours of securing the date and time and served on all parties on the service list or your hearing will be cancelled.
Page 2 | SETTING HEARING TIME
If the case settles, please email the Judicial Assistant to cancel any hearings or Trial that may be scheduled and file a Notice of Cancellation of Hearing and send a courtesy copy to the Judicial Assistant so it can be removed from the calendar.
If the case settles, please email the Judicial Assistant to cancel any hearings or Trial that may be scheduled and file a Notice of Cancellation of Hearing and send a courtesy copy to the Judicial Assistant so it can be removed from the calendar.
Page 2 | SETTING HEARING TIME
The Judicial Assistant must be notified by email in a timely manner and a Notice of Cancellation of Hearing should be filed with the Court with a courtesy copy sent to the Judicial Assistant.
The Judicial Assistant must be notified by email in a timely manner and a Notice of Cancellation of Hearing should be filed with the Court with a courtesy copy sent to the Judicial Assistant.
Page 2 | CANCELLATIONS
Copies of legal authority provided to the court, including highlighting, must also be provided to opposing counsel before the hearing begins.
Copies provided to the court (including any highlighting) shall be provided to opposing counsel before the start of the hearing.
Page 10 | OTHER PRACTICE AND PROCEDURE POINTERS: Case Law
A courtesy copy of an emergency motion may be emailed to the judicial assistant after filing, with “EMERGENCY MOTION” in the subject line.
You may provide our office with a courtesy copy to bring it to the court’s attention after filing with the clerk. You can do this by emailing a copy of the motion to the JA with EMERGENCY MOTION in the subject line.
Page 7 | EMERGENCY HEARINGS:
Filing Bundling Requirements
A copy of the motion to be heard and any response shall be provided with the case law (highlighted) in an organized fashion via mail or courier to the court prior to the hearing.
A copy of the motion to be heard and any response shall be provided with the case law (highlighted) in an organized fashion via mail or courier to the court prior to the hearing.
Page 10 | OTHER PRACTICE AND PROCEDURE POINTERS: Case Law
Pre-Motion Conference Requirements
Attorneys must attempt conferral by telephone, and an unanswered email does not satisfy the conferral requirement.
Attorneys shall attempt a phone conferral even if the rule does not require it. Simply sending an email and not receiving a response does not fulfill the conferral.
Page 3 | Certificate of Conferral
Before filing a motion to compel or for a protective order, moving counsel must confer in good faith with opposing counsel and include a certification of the conferral and unresolved dispute in the motion.
Before filing a motion to compel or a motion for protective order, counsel for the moving party shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised, and shall include within the motion, a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the dispute.
Page 5 | NON-EVIDENTIARY MOTIONS, PRETRIAL MOTIONS
Before filing a non-dispositive motion, the movant must confer with the opposing party in good faith to attempt to resolve the motion's issues.
Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.
Page 10 | RULE 1.202—CONFERRAL PRIOR TO FILING MOTIONS
Counsel must notify the court of a filed motion and set it for a hearing because the court does not receive clerk notification.
Motions: The Court does not receive notification from the clerk when a motion is filed. It is your responsibility to bring it to the Court’s attention and set the matter for a hearing.
Page 10 | OTHER PRACTICE AND PROCEDURE POINTERS: Motions
The court may require argument of listed pending motions at a case management conference, except summary judgment and evidentiary-hearing matters unless all parties agree and the court approves hearing them in advance.
On reasonable notice and if there is adequate time, the court can also require the parties to argue any pending motion on the list EXCEPT motions for summary judgment and anything needing evidentiary hearings. Evidentiary hearings or summary judgment motions may be heard during a case management conference if ALL PARTIES AGREE AND THE COURT HAS APPROVED HEARING IT PRIOR TO THE CMC.
Page 9 | CMC REQUIREMENTS: ISSUES TO BE ADDRESSED
Each party must attend the case management conference prepared to discuss listed motions, conduct the case, make binding representations, and schedule all attorneys.
PARTIES MUST SHOW UP PREPARED to talk about any motion on the list, to make decisions about the conduct of the case, and have authority to make binding representations on motions, issues and scheduling. Whoever attends the conference must have the calendar for all attorneys in the case and be prepared to schedule for them.
Page 9 | CMC REQUIREMENTS: PREPARATION REQUIRED
The movant or the nonmovant is unrepresented by counsel (pro se). And not required prior to filing the following motions: (1) for time to extend service of initial process; (2) for default; (3) for injunctive relief; (4) for judgment on the pleadings; (5) for summary judgment; (6) to dismiss for failure to state a claim on which relief can be granted; (7) to permit maintenance of a class action; (8) to involuntarily dismiss an action; (9) to dismiss for failure to prosecute; (10) for directed verdict and motions filed under rule1.530; 9 (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; (14) that do not require notice to the other party under statute or rule.
The movant or the nonmovant is unrepresented by counsel (pro se). And not required prior to filing the following motions: (1) for time to extend service of initial process; (2) for default; (3) for injunctive relief; (4) for judgment on the pleadings; (5) for summary judgment; (6) to dismiss for failure to state a claim on which relief can be granted; (7) to permit maintenance of a class action; (8) to involuntarily dismiss an action; (9) to dismiss for failure to prosecute; (10) for directed verdict and motions filed under rule1.530; 9 (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; (14) that do not require notice to the other party under statute or rule.
Adjournment & Extension Requirements
A motion to amend a case-management order must state the extension basis and when it became known, opposition status, the requested date and whether all parties agree, and the action and dates needed to meet the new deadline, including participant availability.
A motion to amend the case management order MUST CONTAIN THESE FOUR THINGS: (see Rule 1.200 and 1.201) 1. the basis of the need for the extension, including when the basis became known to the movant; 2. whether the motion is opposed; 3. the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties; and 4. the action and specific dates for the action that will enable the movant to meet the proposed new deadline or projected trial period, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available.
Page 8 | CMC’s
A motion to continue trial requires client signature absent very good cause and requires a hearing even if counsel stipulates to it.
Motions to Continue Trial. Absent very good cause, such motions must be signed by the client, as provided by Rule 1.460, and will require a hearing even if stipulated to by counsel.
Page 7 | CIVIL JURY TRIALS, CIVIL NON-JURY TRIALS AND FORECLOSURE TRIALS
When changing a case-management deadline would affect downstream dates, parties must move to amend the case management order rather than extend only the one deadline.
If changing one date affects downstream dates, parties can’t just move to extend the one deadline. They have to move to amend the case management order.
Page 8 | CMC’s
Parties may extend a case-management deadline by agreed order when the change does not affect downstream dates.
Parties can submit an agreed order to extend a deadline if changing a date does not affect downstream dates.
Page 8 | CMC’s
Changing an actual trial date in a case-management order, or changing a projected date to actual by trial order, requires a motion under Rule 1.460.
If it is an “actual” trial date in a CMO, or if a trial order has changed “projected” to “actual,” then they have to move under rule 1.460.
Page 8 | CMC’s
Changing a projected trial date in a case-management order requires a motion to amend that order.
If parties want to change a “projected trial date” in a CMO, they have to move to amend the case management order.
Page 8 | CMC’s
Chambers Communication Rules
Email the judicial assistant to confirm a hearing date and time after all parties have agreed.
Once all parties have agreed upon a hearing date and time, you will need to email the Judicial Assistant to confirm.
Page 1 | SETTING HEARING TIME
The hearing is not calendared until the judicial assistant receives confirmation that all parties agreed to the selected date and time.
Your hearing will not be calendared until the Judicial Assistant has received confirmation that all parties have agreed to the selected date and time.
Page 2 | SETTING HEARING TIME
Only the party that scheduled a hearing may cancel it, and cancellation of a hearing scheduled by both parties requires agreement from all parties.
Only the party that set a hearing may cancel that hearing. If both parties have scheduled a hearing on the same date and time, all parties must agree to the cancellation.
Page 2 | CANCELLATIONS
Notify the judicial assistant by email in a timely manner, file a notice of cancellation with the court, and send a courtesy copy to the judicial assistant.
The Judicial Assistant must be notified by email in a timely manner and a Notice of Cancellation of Hearing should be filed with the Court with a courtesy copy sent to the Judicial Assistant.
Page 2 | CANCELLATIONS
After settlement, email the judicial assistant, file a notice of cancellation of hearing, and send the judicial assistant a courtesy copy so the matter can be removed from the calendar.
If the case settles, please email the Judicial Assistant to cancel any hearings or Trial that may be scheduled and file a Notice of Cancellation of Hearing and send a courtesy copy to the Judicial Assistant so it can be removed from the calendar.
Page 2 | SETTING HEARING TIME
Contact the judicial assistant by email to obtain available hearing dates and times.
You may contact the Judge’s Judicial Assistant at CrCivE2@jud6.org to obtain hearing dates and times.
Page 1 | SETTING HEARING TIME
For JAWS assistance, users may consult the provided help webpage or contact the JAWS help desk at 727-453-4357.
You may review the webpage: http://www.jud6.org/legalcommunity/JAWS/howto.html or contact the JAWS help desk at 727-453-4357 for assistance.
Page 6 | AGREED ORDERS