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1. Can I E-File a summons or similar document requiring the Clerk to issue? (i.e. Writ of Garnishment, Writ of Replevin, Notice of Action, Subpoena, Default, etc.)

• Yes. You may submit a blank summons to the Florida Courts E-Filing Portal. For issuance by this office, select Document Group "Service Documents" and Document Type "Summons (to be issued by the clerk)". Attach your document, and you will see the statutory fee of $10 per summons that must be paid on the portal.
• We will issue one original, signed summons that will be tied to a progress docket entry titled "Summons Issued by Clerk" on the case. It will be made available on the case within 48 hours of acceptance of the filing. You may access your Polk County cases via Polk Records Online (PRO).
• The filer is responsible for printing and assembling the service packets for delivery to the sheriff or process server.

Note

If the summons is being filed on a confidential case, such as adoption or termination of parental rights in a family law case, the image may not be available from Polk Records Online. Please contact the department directly for copies.

2. Can I E-File Proposed Orders for the judge to review and sign?

No. Please submit hard copies of proposed orders, copies, and envelopes directly to the judge’s office. In the E-Filing portal, Polk County has no selection for orders or proposed orders. If a proposed order is attached to an electronically filed motion, it will be treated only as an attachment and filed accordingly.

3. Can service requests such as copy work, certified copies, or a record search be E-Filed?

Not at this time. These types of service requests are mailed to the appropriate department with any applicable fees.

4. Does the attorney have to send in paper follow up?

The Supreme Court gave approval for E-Filing in Polk County and discontinued the requirement for paper follow up by attorneys unless required by law. On occasion, the court requires the filing of original documents as contained in the following cited authorities. If you wish to file a copy of such a document electronically as well as manually filing the original hard copy, our office will accept both. Resources for the Florida Supreme Court Standards for Electronic Access to the Courts are available on its website.

• Florida Supreme Court Standards for Electronic Access to the Courts, Version 8 (Adopted June 2009, Adopted Modifications January 2013, page 16):
  "5.3. Original Documents or Handwritten Signatures. Original documents, such as death certificates, or those that contain original signatures such as affidavits, deeds, mortgages, and wills must be filed manually until further standards have been adopted."
• SC11-399, In reference: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Small Claims Rules, the Florida Rules of Juvenile Procedure, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules of Procedure- Electronic Filing, Revised opinion, 10/18/12.
• Florida. R. Crim. P. 3.030(c)
  Deposit with the Clerk. Any paper document that is a judgment and sentence or required by statute or rule to be sworn to or notarized shall be filed and deposited with the clerk immediately thereafter. The clerk shall maintain deposited original paper documents in accordance with Florida Rule of Judicial Administration 2.430, unless otherwise ordered by the court."
• Florida. Prob. R. 5.043
  "Notwithstanding any rule to the contrary, and unless the court orders otherwise, any original executed will or codicil deposited with the court must be retained by the clerk in its original form and must not be destroyed or disposed of by the clerk for 20 years after submission regardless of whether the will or codicil has been permanently recorded as defined by Florida Rule of Judicial Administration 2.430."

5. What is the procedure for E-Filing documents that may contain confidential information?

Please consider the types of confidential information contained in filings and review the Rule of Minimization, Florida. R. Judge Administration 2.425, before filing. This rule states that sensitive information filed in court cases must be limited to the designated format, e.g., no portion of any social security or credit card number, the last four digits of any driver license or passport number, the year of birth of a person’s birth date, etc.

If such information is required as noted in Rule 2.425, Rule 2.420 provides the procedure for filing an appropriate Notice of Confidential Information within Court Filing.

If the information is not covered by the list of 20 items in Rule 2.420, you may wish to consider filing a Motion to Determine the Confidentiality of Trial Court Records.

6. Should I electronically submit the Certificate of Sale and Certificate of Title through the E-Portal?

No. Pursuant to Administrative Order Number 3-15.13 (Standard Procedures and Language in Foreclosure Proceedings; Electronic Foreclosure Sales in Lieu of On-Site Auctions; Writs of Possession), the Certificate of Sale and Certificate of Title shall be issued by the Clerk. Administrative orders from the 10th Judicial Circuit Court are available on its website.

Please do not electronically submit these documents to be issued by the Clerk through the Florida Courts E-Filing Portal. The Clerk will prepare them in compliance with the administrative order.

7. What should I do if I receive a "Case Number provided can't be verified" error message?

First, verify the case number entered to make sure it is correct. Try again. If you have the correct case number and you still receive the error message, email the Clerk Help Desk or call 863-534-4545.

8. For returns of service, does the summons (or other originals) need to be included or just mentioned in the Return of Service Affidavit?

Please refer to the statutory authority on what is required to be submitted as proof of return of service.

9. How do we handle the return of service back to the party who requested service?

The process server can E-File the return of service/affidavit of service and use the E-Service tab to ’copy’ in the person who requested service. They will receive a PDF version of the documents E-Filed.

10. Will court reporters still need to provide a paper transcript for appeals and depositions?

No, once the document is E-Filed, no paper follow up is required unless specified by statute.

11. How should the "Read and Sign" deposition transcripts be filed?

Any document that is required to have a handwritten signature can be scanned and E-Filed.

12. If mental health related paperwork must be filed within 72 hours, do we use the emergency checkbox?

Yes, these filings will route to a special queue for processing by the department.

13. If a filing is due for a court appearance the next business day, do we file it in court, E-File it, or both?

Due to time processing standards, documents may take up to three business days to appear on the case docket. In this scenario, it is best to file the document in court.

14. Do I need to file documents not related to the case file, such as an invoice?

No, only file documents that you would normally send to the Clerk’s office for filing in the case file.

15. If we have 35 returns of service, do we have to file these individually?

Yes. Each person served should be a separate document. However, you can have multiple documents under one case number as long as the file size does not exceed 50 megabytes.

16. Can HIPPA documents be E-Filed without the data being redacted?

Yes. You will need to indicate on the documents tab that the filing contains confidential information and comply with the provisions of Rule 2.420, Florida Rules of Judicial Administration, including filing the "Notice of Filing Confidential Information within Court Filing", if required. What you currently submit in paper form should follow suit when filing through the portal.