Allen County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An attorney may enter an appearance before the defendant’s next court appearance and obtain a one-week continuance without appearing before the court.
- A continuance stipulation must state the particularized grounds and be signed by all attorneys of record.
- The court will deny continuance requests based on the need for further plea negotiations.
- +22 more
Request must include
- File a continuance motion or stipulation as soon as the reason is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
- A continuance under subsection (A) may not be granted within 7 days of the hearing or trial unless a Judicial Officer approves it.
Page & Word Limits5 rules
The Motion to File a Supplemental Designation of Evidence shall not exceed six (6) pages or 2,800 words, whichever is greater.
- Motion to file supplemental designation of evidence
- Up to 6 pages or 2,800 words
The Memorandum in Support of Motions for Summary Judgment, and Response Memorandum shall contain a Summary of Argument, not to exceed two pages, and located at the beginning of the Memorandum.
- Summary of argument
- Up to 2 pages
- Summary judgment motions
Absent leave of court, supporting and response memoranda are limited to 30 pages or 14,000 words, whichever is greater, and replies to 6 pages or 2,800 words, whichever is greater.
- Memorandum in support
- Up to 30 pages or 14,000 words
- Response memorandum
- Up to 30 pages or 14,000 words
- Reply memorandum
- Up to 6 pages or 2,800 words
- Summary judgment motions
Exception
More pages with leave of court
Court's wording
Absent leave of Court, the Memorandum in Support of Motions for Summary Judgment, and Response Memoranda Opposing Motion for Summary Judgment shall not exceed thirty (30) pages or 14,000 words, whichever is greater. A party may file a Reply Memorandum to the Response to Motion for Summary Judgment. A Reply Memorandum shall be filed not later than fourteen (14) calendar days after service of the Response to Motion for Summary Judgment. Absent leave of Court, a Reply Memorandum shall not exceed six (6) pages or 2,800 words, whichever is greater.
Any Opposition to a Motion to Strike shall not exceed six (6) pages or 2,800 words, whichever is greater, and shall be filed not later than seven (7) calendar days after the Motion to Strike is filed.
- Opposition
- Up to 6 pages or 2,800 words
- Motion to strike
The Motion to Strike and supporting argument shall be paginated as set forth above, and shall not exceed six (6) pages or 2,800 words, whichever is greater.
- Motion to strike
- Up to 6 pages or 2,800 words
Document Format Requirements21 rules
A rubber stamp or facsimile signature on the original copy shall not be acceptable.
Filings must follow the stated spacing, font, margin, and pagination requirements; 14-point body text is preferred.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Formatting
- •Filings must be on white paper
Court's wording
A. Form. Filings must be e-filed on white paper. Filings shall be double spaced except for quotations, which shall be indented and single spaced. B. Font Type and Size. The font shall be those permitted at Indiana Appellate Rule 43, and the typeface shall be 12-point or larger in both body text and footnote. 14-point font is preferred for body text. C. Margins. All four margins for the text of the filing shall be at least one (1) inch from the edge of the page. D. Pagination. All of the pages of each filing shall be separately paginated consecutively. Every page of each filing must contain a page number, including page one. The page numbers may be affixed to a page by type, stamp, or handwriting. Page numbers must appear in the bottom center of the page, and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14”, “1 of 14”, “p.1/14”, “p.1 of 14”.)
A motion to insert new matter or strike material must be written, identify the words at issue, and place each set of words in a separate consecutively numbered specification.
Court's wording
Subject to Trial Rule 12(F), every motion to insert new matter or to strike out any part or parts of any pleading, deposition, report, order or other document in a case shall be made in writing and shall set forth the words sought to be inserted or stricken. Each set of words to be inserted or stricken shall be in a separate specification and each specification shall be numbered consecutively.
Each listed document must be paginated separately and consecutively, with a title and a page number on every page, including page one, in the required bottom-of-page format.
Formatting
- •Page numbers may be typed, stamped, or handwritten
Court's wording
All of the pages of each document listed above shall be separately paginated consecutively. Every page of each document must contain a page number, including page one, which includes a title of the document. The page numbers may be affixed to a page by type, stamp, or handwriting. Page numbers must appear in the bottom of the page, and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14”, “1 of 14”, “p.1/14”, “p.1 of 14”.)
The entire designation and table of contents must be consecutively paginated starting with the caption on page one and substantially resemble Appendix F.
Court's wording
The entire Designation of Evidence and Table of Contents shall be consecutively paginated (e.g., “Bates-stamped”) in the manner described under paragraph 2, beginning with the caption on page one. Appendix F includes a Designation of Evidence and Table of Contents that conforms to these requirements. A party’s Designation of Evidence and Table of Contents must be substantially similar to Appendix F.
Exhibits and subparts must follow the required lettering, titling, table-of-contents, cross-reference, and citation conventions, subject to the stated authentication exception for earlier exhibit identifiers.
Court's wording
Exhibits within the Designation of Evidence and Table of Contents shall begin with the letter “A” and proceed through the alphabet. The Exhibit Title shall identify the specific document by its content, such as “Affidavit of Mary Rose”; “Credit Card Statements 2007-2019”; and “Deposition of John Henry.” The Exhibit Letter and Title of the Exhibit shall match the Exhibit Letter and Title as stated in the Table of Contents. If a document is authenticated or referenced by an Exhibit, it shall be marked as a subpart to that Exhibit and shall be specifically and accurately referenced in the authenticating or referencing document. As with each Exhibit, each subpart to an Exhibit shall be identified in the Table of Contents. If any document contains an Exhibit letter or Exhibit number from an earlier filing, the earlier letter or number shall be removed to avoid confusion. However, when necessary to authenticate an earlier document, the earlier letter or number shall remain on that document, and the Exhibit shall also contain and be identified in the Table of Contents by the new Exhibit Letter. Citations must be to the page number referenced in the Table of Contents.
Other dispositive or complex motions, responses, and replies must follow Local Rule 9A’s requirements concerning separate documents, pagination, designation, summaries, and related matters.
Court's wording
All other dispositive or complex motions, responses, and replies (e.g., Motions to Dismiss, Motions to Strike, Motions for Judgment on the Pleadings, Motions to Exclude under I.R.E. 702(a) and 702(b), Requests for and Objections to Jury Instructions, Motions for Preliminary Determination, Motions to Compel) shall comply with the requirements set out above in Local Rule 9A, regarding separate documents, pagination, designation, summaries, etc.
Proposed orders must be separate from motions, give detailed relief, include a case caption and bottom-of-page numbering showing each page’s position in the total, and include specified judge-signature and date lines with approximately two inches of blank space; including the judge’s or magistrate’s name on the signature line is preferred.
Court's wording
All proposed orders shall: (1) be a document that is separate and apart from the motion; (2) contain all relevant detail of the relief granted by the order (a single statement, such as “Motion granted” is not sufficient in detail); (3) contain the proper caption of the case; (4) contain page numbers that appear in the bottom of the page, and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14”, “1 of 14”, “p.1/14”, “p.1 of 14”); (5) at the right margin contain a line for the signature of the judge on the last page of the proposed order under which shall be typed “Judge, Allen Superior Court” or “Magistrate, Allen Superior Court”, or “Judge, Allen Circuit Court”, whichever is applicable (it is also preferred that this line include the judge’s/magistrate’s name); (6) at the left margin of the judge’s signature line, contain a date line, stating the following: “Date: ”; and,. (7) provide approximately two inches of blank space provided between the last typed paragraph of the proposed order and the date and signaturelines.
Answers or objections to interrogatories under T.R. 31 or 33 must set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection.
The Financial Declaration Forms shall be in a format approved by the Court.
- Financial declaration form
Formatting
- •The forms must be in a format approved by the Court
The proposed order shall be in a format that has been approved by the Court.
Formatting
- •The proposed order must be in a format approved by the Court
All parties shall use the forms as drafted. The use of a modified or altered form may result in the pleading or motion being struck from the record or denied.
All motions for continuance must be made in writing with service to all other parties.
Unless otherwise provided by law or rule, only the original copy of a motion need be filed.
The motion must be substantially similar to Appendix B.
If the Designation of Evidence and Table of Contents exceeds the technical size capacity of the IEFS, multiple volumes of the Designation of Evidence must be filed in a manner that is otherwise consistent with this Local Rule.
The Motion to Strike and supporting argument shall be paginated as set forth above, and shall not exceed six (6) pages or 2,800 words, whichever is greater.
Interrogatories shall be tailored specifically to the cause in which they are served and be numbered consecutively to facilitate response.
Formatting
- •Interrogatories must be numbered consecutively to facilitate response
These local rules shall be cited as the Allen LR02-T.R. . The Indiana Rules of Trial Procedure shall be cited initially as Ind. Trial Rule and thereafter as T.R. .
A. Interrogatories, Request for Production of Documents, and Request for Admissions shall be tailored to the case in which they are served and numbered consecutively to facilitate response.
Parties are encouraged to utilize the Indiana Pattern Jury Instructions wherever possible.
Document Filing Requirements168 rules
Counsel desiring to withdraw their appearance shall notify the defendant of such intention, in writing, not less than ten (10) days prior to the counsel’s filing of such motion.
Counsel shall further send notice of the filing of said motion to the defendant, which notice shall indicate the date, time and place of said hearing.
A defendant’s attorney must file a signed written appearance containing the specified identifying and contact information.
Court's wording
(A) Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance on the Deputy Prosecuting Attorney assigned to the cause or to the office of the Prosecuting Attorney.
The assigned Deputy Prosecuting Attorney must file a written appearance when assigned the case.
Court's wording
(B) At such time as the Office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on counsel for the defendant.
A copy of said notice shall be attached to counsel’s Motion to Withdraw.
Jury-instruction requests submitted to the court must include citations of authority.
- Document
- Jury instruction requests
Must include
- •With citations of authority
Court's wording
All requests for jury instructions tendered in accordance with Criminal Rule 8 and Trial Rule 51 of the Indiana Rules of Trial Procedure must be submitted to the court, with citations of authority, not later than the day prior to the trial.
It shall be signed by an attorney of record or the defendant personally and shall clearly identify the name, attorney number and address of any attorney filing the same.
A proposed form of order shall accompany all motions.
In felony cases, the State's disclosure includes potential witnesses' names and last known addresses, their relevant written or recorded statements, and existing memoranda substantially reporting their oral statements.
Court's wording
The State shall disclose to the defendant the following material and information on or before thirty (30) days following the InitialHearing. (1) The names and last known addresses of persons whom the State may call as witnesses, together with (a) their relevant written or recorded statements; (b) memoranda containing substantially verbatim reports of their oral statements (if any memoranda exist);
(a) its witness list together with the statement described in (A)(1)(d); (b) a suitable description of memoranda and items provided, but not necessarily by providing copies of all such items to the court; and (c) an indication of arrangements made for inspection, if any.
In cases involving accounts, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed:
Any agreement, contract, lease, invoice, receipt, bill or other written document that serves as a basis for the claim.
(a) its witness list together with the statement described in (C)(1)(a); (b) a suitable description of items provided for examination, etc.; and (c) the statement of defense described in (C).
An Affidavit of Debt in a form that complies with the requirements of Ind. Small Claims Rule 2(B)(4)(b).
If the plaintiff is not the original creditor, then a sworn statement by plaintiff or plaintiff’s attorney that the statute of limitations on the claim has not expired.
If the plaintiff is not the original creditor, then the Affidavit of Debt shall include the additional information required by Ind. Small Claims Rule 2(B)(4)(c).
Unsuccessful or incomplete plea or resolution negotiations do not excuse discovery compliance unless both parties waive in writing compliance for a specified period and any speedy-trial requirements.
Court's wording
Failure of either party to engage in and comply with discovery shall not be excused by the parties’ unsuccessful or incomplete efforts to enter into a plea agreement or other resolution of the case unless both parties waive in writing (1) compliance with this order for a specified period of time and (2) any speedy trialrequirements.
All stipulations must be in writing, signed by all parties or their counsel, signed by the defendant personally, and approved by the court.
At the conclusion of a conference the court shall prepare and file a memorandum of the matters agreed upon.
In medical-bill cases, the chronological case summary must include a provider statement or other documentation identifying the medical provider and the patient or responsible party.
Court's wording
In cases involving medical bills, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. An account statement or other documentation from the medical provider which includes: a. The name of the medical provider, and name of the patient or responsible party.
No admission made by the defendant or his attorney at the conference shall be used against the defendant unless the admissions are reduced to writing and signed by the defendant and his attorney.
The Court Reporter shall make a CCS entry acknowledging receipt of the Notice of Appeal.
(F) The defendant must appear personally, or a written waiver signed by the defendant must be filed in order to waive trial by jury.
If the Judge determines that probable cause exists, the search warrant will be issued by the Judge and will include the date and time of the issuance of the warrant.
The filed warrant and Return must be dated, timestamped, and recorded on the Chronological Case Summary and in the Confidential Order Book.
Court's wording
Within 72 hours of the execution of the search warrant the law enforcement officer shall file with the Court the duplicate original of the search warrant together with a completed Return, all of which shall be dated, time stamped and duly recorded on the Chronological Case Summary and in the Confidential Order Book of the assigned Miscellaneous Criminalproceedings.
The law enforcement officer requesting the search warrant will present an Affidavit of Probable Cause and proposed Search Warrant to the Judge for consideration.
The law enforcement officer shall file within 10 days any unexecuted search warrant in the same manner as set out above.
The affidavit will be sworn before the Judge, or the law enforcement officer requesting the search warrant may give sworn testimony pursuant to the requirements of I.C. 35-33-5-2 (orally) and 35-33-5-8 (by fax).
At a wage-garnishment exemption hearing, the judgment debtor must bring three recent pay stubs, a household family budget, and any other information the Court requests.
Court's wording
If a hearing is scheduled when the judgment debtor requests an exemption to modify the garnishment of wages, the judgment debtor shall bring to the hearing their three (3) most recent pay stubs, a family budget showing income and expenses for the household, and such other information as requested by the Court.
A motion is filed by the judgment creditor requesting the issuance of a garnishment order. A copy of the agreement shall be attached to the motion.
The judgment creditor must file a Motion to Lift Stay before a stayed garnishment order can be reactivated.
Court's wording
If a garnishment order is stayed at the request of the judgment creditor or as a result of a bankruptcy, then the judgment creditor shall file a Motion to Lift Stay before the garnishment order can be reactivated.
The judgment debtor or third party shall bring to the hearing the last three (3) bank statements for the account and any documentation which demonstrates the source of funds in the account such as pay stubs or social security records.
Once service is initiated, a Certificate of Issuance of Summons must be filed.
Note: if e-filing the Return of Service, the filer must specify in the comment field the name of the document(s), the party’s name who service was attempted on, and an indication whether service was either served or not served.
Attorneys and unrepresented parties filing an appearance must review the case’s Chronological Case Summary, deadlines, dates, pending motions, and prior court orders.
Court's wording
The attorneys and unrepresented parties filing an appearance shall review the Chronological Case Summary of the case in which their appearance is filed to determine all established deadlines, all hearing and trial dates and times, and all pending motions, as well as to be familiar with all previously entered Orders of the Court.
Attorneys and unrepresented parties must timely and properly file a written appearance under T.R. 3.1.
Court's wording
An attorney entering an appearance on behalf of any party shall file a written appearance as provided in T.R. 3.1. Unrepresented parties shall file a written appearance as provided in T.R. 3.1. The attorneys and unrepresented parties have a duty to timely and properly file the written appearance.
By entering a written appearance, the attorneys are certifying to the Court that they are authorized to practice law in the Allen Superior and Circuit Courts. By entering a written appearance, the attorneys and unrepresented parties are certifying to the Court that they have read and agree to be bound by the Allen County Local Rules, and have reviewed the Chronological Case Summary as required herein.
If no other counsel has appeared for the client, the motion to withdraw shall contain withdrawing counsel’s certification of the last known address, telephone number, and email address of the party, subject to the confidentiality provisions of T.R. 3.1(A)(8) and (D).
A withdrawal motion must be written and requires leave of Court; ordinarily, counsel must give the client at least ten days’ written notice and file it with the motion, unless other counsel enters an appearance simultaneously or beforehand.
Court's wording
A motion to withdraw an appearance shall be in writing, and shall be granted only by leave of Court. Permission to withdraw shall be given only after the withdrawing attorney has given the client at least ten (10) days written notice of the intention to withdraw, and has filed a copy of that Notice of Intention to Withdraw with the motion to withdraw; or upon a simultaneous or prior entering of appearance by other counsel for the client.
After a case is scheduled for trial, the withdrawal motion must be set for hearing and will be granted only upon a showing of good cause.
Court's wording
After the case has been scheduled for trial, a hearing shall be set on the motion to withdraw. After the case has been scheduled for trial, the Court will not grant a request for withdrawal of appearance unless good cause is shown.
The Notice of Intention to Withdraw must explain the case status, scheduled matters, applicable duties after withdrawal, the standard for unrepresented parties, possible prejudice from inaction, and the attorney-representation requirement for business entities in civil cases.
Court's wording
The Notice of Intention to Withdraw shall include an explanation to the client as follows: (1) the present status of the case, excluding confidential / privilegedinformation; (2) the dates of all scheduled hearings and other pending matters; (3) advise that the provisions in A.C.L.Civ.R. 3. 1-03 (B) and (C) (regarding party appearing without an attorney) and T.R. 3.1 (E) (regarding address changes) apply to the client after withdrawal of counsel; (4) the expectation of the Indiana common law that, as an unrepresented party, the client will be held to the same standard of conduct as an attorney licensed to practice in the State of Indiana; (5) that prejudice might result from failure of the client to act promptly or to secure new counsel; and (6) pursuant to Indiana law, all business entities must be represented by an attorney in civil cases.
When the plaintiff is not the original creditor, the Affidavit of Debt must state that the limitations period has not expired and include specified debt and ownership-transfer exhibits.
Court's wording
If the plaintiff is not the original creditor, the Affidavit of Debt shall include: a. A statement by plaintiff (or plaintiff’s counsel, if plaintiff is represented by counsel), that the statute of limitations to bring an action to collect the defendant’s debt has not expired; and, b. Attached exhibits, which must include: a. A copy of the contract or other writing evidencing the original debt, which must contain a signature of the defendant. If a claim is based on credit card debt, and no signed writing evidencing the original debt ever existed, then a charge-off statement or monthly statement recording the most recent purchase transaction, payment, or balance transfer shall be attached; b. A chronological listing of the names of all prior owners of the debt and the date of each transfer of ownership of the debt, beginning with the name of the original creditor, identifying the debtor’s name and/or account number with specificity; and, c. A certified or other properly authenticated copy of the bill of sale or other document that transferred ownership of the debt to the plaintiff, identifying the debtor’s name and/or account number with specificity.
Court costs shall not be added into a general judgment. A separate award and judgment for court costs is required.
The stipulation to continue the conference, hearing or trial of any pending matter shall state, with particularity, the grounds for the continuance and must be signed by all attorneys of record.
Filing & Service rules
Electronic Filing Rules
Initial pleadings must be filed through the Indiana E-Filing System unless exempted.
The party filing the initial pleadings (summons, complaint, appearance, etc.) shall (unless exempted) file by way of the Indiana E-Filing System and pursuant to Trial Rules 4 and 86.
Criminal cases
Page 21 | Service of Process
A. Form. Filings must be e-filed on white paper.
A. Form. Filings must be e-filed on white paper.
Criminal cases
Page 26 | LR02-TR8-06 Preparation of Pleadings, Motions, Notices, and Other Papers
Initial pleadings, including the summons, complaint, and appearance, must be filed through the Indiana E-filing System in accordance with the Trial Rules.
The party filing the initial pleadings (summons, complaint, appearance, etc.) shall file by way of the Indiana E-filing System and pursuant to Trial Rules regarding service and e-filing.
Criminal cases
Page 92 | LR02-TR4-4 Service of Process
The signed agreement must be e-filed with the Court.
The signed agreement shall be e-filed with the Court.
Criminal cases
Page 99 | LR02-TR58-20 Preparation of Stipulated Orders and Judgments
When an agreement will result in a money judgment against a party, a Notice of Judgment must be e-filed.
In the event a money judgment is to be rendered against any party by agreement such as a child support arrearage, property equalization payment, and/or attorney fees, a Notice of Judgment shall be e- filed. See Appendix C.
Criminal cases
Page 99 | LR02-TR58-20 Preparation of Stipulated Orders and Judgments
A Notice of Trial Calendar Status must be e-filed with every stipulation, including mediation agreements.
With all Stipulations, including Mediation Agreements, a Notice of Trial Calendar Status shall be e-filed. See Appendix B.
Criminal cases
Page 99 | LR02-TR58-20 Preparation of Stipulated Orders and Judgments
The separate proposed order must be e-filed.
A separate proposed Order including the relevant portions of the agreement in the imperative form shall also be e-filed.
Criminal cases
Page 99 | LR02-TR58-20 Preparation of Stipulated Orders and Judgments
Attorney filings must comply with Ind. Trial Rule 86, while unrepresented parties are not subject to its electronic filing requirements.
The filing of documents by an attorney shall be done pursuant to the provisions of Ind. Trial Rule 86, the Indiana Rules on Access to Court Records, and such other rules as promulgated by the Supreme Court. 2. Unrepresented Parties. The filing of documents by an unrepresented party (also referred to as a self-represented party and pro se litigant) is not subject to the electronic filing requirements of Ind. Trial Rule 86.
Criminal cases
Page 117 | LR02-SC00-202(B)(1)–(2) Filing Documents
a. open a new case via the e-filing system with the correct case type selected;
a. open a new case via the e-filing system with the correct case type selected;
Criminal cases
Page 40 | Wrong Case Type Initially Selected
The Court may order the State and the Office of the Public Defender to file pleadings in the Juvenile Center’s existing case management system.
A. The Court may order the State of Indiana and the Office of the Public Defender to file its pleadings within the existing case management system of the Allen County Juvenile Center.
Criminal cases
Page 111 | LR02-JV00-41 Juvenile Delinquency Proceedings
Filing Timing and Cure Windows
A defendant’s attorney must file an appearance immediately upon being retained or appointed.
(A) Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance on the Deputy Prosecuting Attorney assigned to the cause or to the office of the Prosecuting Attorney.
Criminal cases
Page 4 | Appearance of Counsel
Counsel seeking to withdraw must notify the defendant in writing at least ten days before filing the withdrawal motion.
Counsel desiring to withdraw their appearance shall notify the defendant of such intention, in writing, not less than ten (10) days prior to the counsel’s filing of such motion.
Criminal cases
Page 4 | Withdrawal of Counsel
The Deputy Prosecuting Attorney must file the appearance when the case is assigned to that attorney.
(B) At such time as the Office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on counsel for the defendant.
Criminal cases
Page 4 | Appearance of Counsel
Guilty pleas under a plea agreement must be finalized and entered by 1:30 p.m. on the last business day before trial; the court will not consider an agreement after that date.
All guilty pleas with a plea agreement must be finalized and a plea entered not later than 1:30 p.m. of the last business day prior to the jury trial date. No plea agreement will be considered by the court after that date.
Criminal cases
Page 5 | Initial Hearing and Plea
Jury-instruction requests with supporting citations must be submitted by the day before trial, except when the subject could not reasonably have been anticipated.
All requests for jury instructions tendered in accordance with Criminal Rule 8 and Trial Rule 51 of the Indiana Rules of Trial Procedure must be submitted to the court, with citations of authority, not later than the day prior to the trial. Exceptions to this requirement will be made only when the matters on which the instruction is sought could not have been reasonably anticipated in advance of the trial.
Criminal cases
Page 5 | Jury Instructions
In felony cases, the State must disclose the specified material and information to the defendant within 30 days after the initial hearing.
The State shall disclose to the defendant the following material and information on or before thirty (30) days following the InitialHearing.
Criminal cases
Page 6 | Pre-Trial Discovery
The State must file its record of compliance within five days after the date specified in paragraph (A).
The State shall make a record of compliance with this order not more than five (5) days after the date set out in paragraph (A) above by filing with the court:
Criminal cases
Page 7 | Pre-Trial Discovery
The defense must file its record of compliance within five days after the date specified in paragraph (C).
The defense shall make a record of compliance with this order not more than five (5) days after the date set out in paragraph (C) above by filing with the court:
Criminal cases
Page 8 | Pre-Trial Discovery
Within 30 days after the State provides the required information, defense counsel must notify the State of intended defenses and furnish the specified information in counsel’s possession and control.
Subject to constitutional limitations, and not later than thirty (30) days following the date that the State has provided to the defense the information required under this rule, defense counsel shall inform the State of any defense which counsel intends to present at a hearing or trial and shall furnish the State with the following information within counsel’s possession and control:
Criminal cases
Page 8 | Pre-Trial Discovery
Motions to sequester a jury must be filed by the later of 30 days before trial or five days after the case is set for trial.
All motions to sequester a jury shall be filed no later than the 30th day preceding the time fixed for trial or within five (5) days after setting the case for trial, whichever is later.
Criminal cases
Page 9 | Motion to Sequester
When the defendant requests a speedy trial, the time limits for providing discovery materials to opposing counsel are reduced to 15 days.
(L) The time limits for providing discovery materials to opposing counsel set out at (A) and (B) herein shall be reduced to fifteen (15) days in the event that the defendant requests aspeedy trial.
Criminal cases
Page 9
The officer must file the executed warrant and completed Return with the Court within 72 hours after execution.
Within 72 hours of the execution of the search warrant the law enforcement officer shall file with the Court the duplicate original of the search warrant together with a completed Return, all of which shall be dated, time stamped and duly recorded on the Chronological Case Summary and in the Confidential Order Book of the assigned Miscellaneous Criminalproceedings.
Criminal cases
Page 13 | Search Warrant Procedures
The officer must file any unexecuted search warrant within 10 days and follow the stated filing procedure.
The law enforcement officer shall file within 10 days any unexecuted search warrant in the same manner as set out above.
Criminal cases
Page 13 | Search Warrant Procedures
After sufficient funds are received to satisfy the judgment, interest, and costs, the judgment creditor must immediately file a motion to release the garnishment order.
Upon receipt by the judgment creditor or by the Clerk of the Circuit and Superior Courts, on the judgment creditor’s behalf, of funds sufficient to satisfy the judgment, accrued interest, and costs, the judgment creditor shall immediately file a motion for release of the garnishment order and shall serve the garnishee defendant with a copy of the motion.
Criminal cases
Page 18 | Garnishment Orders—Release
A party objecting to a supplemental designation must file any motion to strike within seven days of the motion seeking to file that designation.
A party objecting to such a Supplemental Designation must file its Motion to Strike, if any, within seven (7) days of the Motion to File a Supplemental Designation of Evidence.
Criminal cases
Page 34 | A. Motions for Summary Judgment — 8. Motions to Strike Designations Submitted in Support of, or Opposing Motions for Summary Judgment, and Motions to Strike Summary Judgment Memoranda
A non-moving party must file any motion to strike at the same time it files its response to a summary-judgment motion.
At the time a Response to Motion for Summary Judgment is filed, the non-moving party’s Motion to Strike, if any, shall also be filed.
Criminal cases
Page 34 | A. Motions for Summary Judgment — 8. Motions to Strike Designations Submitted in Support of, or Opposing Motions for Summary Judgment, and Motions to Strike Summary Judgment Memoranda
A party may file a reply memorandum, which is due no later than 14 calendar days after service of the response.
A party may file a Reply Memorandum to the Response to Motion for Summary Judgment. A Reply Memorandum shall be filed not later than fourteen (14) calendar days after service of the Response to Motion for Summary Judgment.
Criminal cases
Page 34 | A. Motions for Summary Judgment — 7. Memoranda
An opposition to a Motion to Strike must be filed within seven calendar days after the motion is filed.
Any Opposition to a Motion to Strike shall not exceed six (6) pages or 2,800 words, whichever is greater, and shall be filed not later than seven (7) calendar days after the Motion to Strike is filed.
Criminal cases
Page 35 | LR02-TR7-08
Except for good cause, a judgment creditor may file no more than four proceedings supplemental per year against an individual judgment debtor in a case.
Except upon good cause shown, no judgment creditor may file more than four (4) proceedings supplemental per year against any individual judgment debtor in a given case.
Criminal cases
Page 44 | Proceedings Supplemental
Except for good cause, a motion for proceedings supplemental cannot be filed until ten calendar days after judgment.
A. Ten Day Rule. Except for good cause shown, a motion for proceedings supplemental may not be filed until ten (10) calendar days have elapsed since the date of judgment.
Criminal cases
Page 44 | Proceedings Supplemental
Except for good cause, proceedings supplemental may remain pending for no more than one year from filing and must then be dismissed.
B. One Year Rule. Except for good cause shown, no proceedings supplemental may pend for more than a one (1) year period from the date of its filing. At the end of the one (1) year period, the proceedings supplemental shall be dismissed.
Criminal cases
Page 44 | Proceedings Supplemental
The Proceeding Supplemental Report to the Court must be filed within 10 days of the hearing or the proceedings supplemental will be dismissed.
If no Proceeding Supplemental Report to the Court is filed within ten (10) days of the hearing, the proceedings supplemental shall be dismissed.
Criminal cases
Page 45
A Motion for Rule to Show Cause must be filed within 30 days after the failure to appear.
The Motion for Rule to Show Cause must be filed within thirty (30) days of the failure to appear.
Criminal cases
Page 46 | LR02-TR69-18 Proceedings Supplemental: Contempt/Rule to Show Cause/Body Attachment
A request for body attachment must be filed within 30 days of the contempt hearing at issue.
(4) the request for body attachment is filed within thirty (30) days of the contempt hearing at issue;
Criminal cases
Page 46 | LR02-TR69-18 Proceedings Supplemental: Contempt/Rule to Show Cause/Body Attachment
After receiving sufficient funds to satisfy the judgment, interest, and costs, the judgment creditor must immediately file a motion seeking an order releasing the garnishment.
the judgment creditor shall immediately file a motion seeking to obtain a court order releasing the applicable garnishment order
Criminal cases
Page 48 | C. Release
The motion to withdraw is to be filed ten days from the date of the notice to the client.
I will file my Motion to Withdraw ten days from the date of this notice.
Criminal cases
Page 64 | APPENDIX B(2) NOTICE OF INTENTION TO WITHDRAW (CLIENT LETTER)
A party may object for cause to a Family Court designation within ten days after notice of selection is sent.
Within ten (10) days after notice is sent that a case has been selected for Family Court, a party may object for cause to the Family Court designation.
Criminal cases
Page 104 | LR02-FL00-32 Designation of Family Court and Change of Judge for Cause
Each party must file the specified disclosure before any hearing or within 30 days after service of the petition, whichever occurs first.
Prior to any hearing or within thirty (30) days after service of a petition seeking relief in a family law matter, whichever shall first occur, each party shall file a written disclosure of any criminal proceedings pending against them as well as any pending civil proceedings in which allegations of spousal abuse, child abuse or domestic violence have been made against either or both parties.
Criminal cases
Page 106 | LR02-FL00-35 Pending Criminal Domestic Violence Litigation Disclosure
A fee claim not submitted within 30 days after services are rendered is waived, and the services are treated as entirely pro bono.
Any claims for fee not submitted within thirty (30) days from the date the services were rendered will be deemed waived and such services will be regarded as rendered entirely pro bono.
Criminal cases
Page 110 | I. Attorney Guardian ad Litem and Pauper Counsel Fees
A plaintiff may file a Motion for Change of Magistrate within 10 days after the case is entered as filed on the chronological case summary.
A plaintiff may file a Motion for Change of Magistrate within ten (10) days from the date the case is entered on the chronological case summary as having been filed.
Criminal cases
Page 119 | LR02-SC12.1-206 Change of Magistrate
A defendant must file a Motion for Change of Magistrate within 10 days after service of the Notice of Claim.
A defendant shall have ten (10) days from the date of service of the Notice of Claim to file a Motion for Change of Magistrate.
Criminal cases
Page 120 | LR02-SC12.1-206 Change of Magistrate
A judgment creditor may file no more than four proceedings supplemental per calendar year against a judgment debtor in a case, absent a prior court order.
Except by prior order of the Court, no judgment creditor may file more than four (4) proceedings supplemental per calendar year against a judgment debtor in a given case.
Criminal cases
Page 130 | Proceedings Supplemental
The report must be filed no later than one business day after the proceedings supplemental.
The report shall be filed no later than one (1) business day after the proceedings supplemental.
Criminal cases
Page 130 | Proceedings Supplemental
A motion for proceedings supplemental may not be filed until 10 calendar days after judgment, unless the Court orders otherwise.
A motion for proceedings supplemental may not be filed until ten (10) calendar days have elapsed since the date of judgment except by order of the Court.
Criminal cases
Page 130 | Proceedings Supplemental
Service and Proof of Service Rules
The notice must be sent to the defendant by first-class mail and inform the defendant that attendance is required.
It shall be sent by first class mail and shall inform the defendant of the necessity to be present.
Criminal cases
Page 4 | Withdrawal of Counsel
A defendant’s attorney must serve a copy of the appearance on the assigned Deputy Prosecuting Attorney or the Prosecuting Attorney’s Office.
(A) Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance on the Deputy Prosecuting Attorney assigned to the cause or to the office of the Prosecuting Attorney.
Criminal cases
Page 4 | Appearance of Counsel
The Deputy Prosecuting Attorney must serve a copy of the appearance on defense counsel.
(B) At such time as the Office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on counsel for the defendant.
Criminal cases
Page 4 | Appearance of Counsel
In addition to filing the notice of appeal with the clerk, the notice must be hand-delivered to the court reporter for the judicial officer from whom the appeal is taken.
In addition to filing the Notice of Appeal with the Clerk, the Notice of Appeal shall also be hand- delivered to the Court Reporter for the Judicial Officer from which the appeal is taken.
Criminal cases
Page 10 | Service of Notice of Appeal
The judgment creditor must serve the garnishee defendant with a copy of the motion for release.
Upon receipt by the judgment creditor or by the Clerk of the Circuit and Superior Courts, on the judgment creditor’s behalf, of funds sufficient to satisfy the judgment, accrued interest, and costs, the judgment creditor shall immediately file a motion for release of the garnishment order and shall serve the garnishee defendant with a copy of the motion.
Criminal cases
Page 18 | Garnishment Orders—Release
Before a garnishment order may issue, the garnishee defendant must have been served by one of the listed methods and proof of service must be available.
Proof of service on the garnishee defendant of the proceedings supplemental or interrogatories by certified mail, sheriff’s service, or private process server.
Criminal cases
Page 18 | Garnishment Orders
After proof of service is returned to the initiating party, a Return of Service must be filed for entry into the Chronological Case Summary, except when the Allen County Sheriff serves the documents.
After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary. (See above exception, under A(2)).
Criminal cases
Page 21 | Return of Service
After the signed summons is returned and the sheriff-service fee is paid, the requesting party must deliver the documents, three copies of each document, and proof of payment to the Allen County Sheriff; delivery may be by hand or mail.
Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Allen County Sheriff to be served. It is the requesting party’s responsibility to provide the Allen County Sheriff with three copies of any document(s) to be served along with a proof of payment for this service. Documents may be hand-delivered or mailed to the Allen County Sheriff.
Criminal cases
Page 21 | Service of Process
A person entitled to service who is unregistered or unable to access the IEFS must be served in accordance with Trial Rule 4.
A person who has not registered or otherwise cannot access the IEFS but who is entitled to service of a paper or pleading in a matter shall be served in accordance with Trial Rule 4.
Criminal cases
Page 21 | Serving Non-Registered Persons
For service by certified mail, the green return receipt card must be returned to the initiating party, not the Clerk.
If the certified mail service of process is utilized, the initiating party must cause the green return receipt card to be returned to the initiating party, not returned to the Clerk.
Criminal cases
Page 21 | Service of Process
The person filing a written appearance must serve a copy on all parties of record.
The person filing the written appearance must serve a copy of the written appearance on all parties of record.
Criminal cases
Page 23 | Appearances — A. Written Appearance Form
An attorney who revokes consent must notify all counsel of record in every matter in which the attorney has appeared.
If an attorney revokes consent to alternate service, that attorney must notify all counsel of record in any matter that the revoking attorney has an appearance filed.
Criminal cases
Page 25 | LR02-TR5-05 Consent to Alternate Service - Courthouse Boxes
Papers served through a courthouse box must be placed in an envelope labeled with the receiving attorney’s name and current box number.
Any papers served under this rule by the Court, Clerk, or other attorneys or firm of attorney shall be placed in an envelope with the name of the intended receiving attorney on it and the current box number on the outside.
Criminal cases
Page 25 | LR02-TR5-05 Consent to Alternate Service - Courthouse Boxes
A courthouse box may be assigned only after the attorney or law firm files a Consent to Alternate Service with the Court Executive.
Courthouse boxes shall be assigned only after the attorney or law firm has filed with the Court Executive of the Allen Superior Court a Consent to Alternate Service (Appendix A).
Criminal cases
Page 25 | LR02-TR5-05 Consent to Alternate Service - Courthouse Boxes
Body attachment may be requested and issued only if the specified debtor or garnishee defendant was personally served with notice of the contempt hearing and proof of service is filed with the Court.
Body attachment may be requested and shall be issued only when: (1) The judgment debtor or garnishee defendant previously ordered to appear for a scheduled hearing was personally served with notice of a contempt hearing; (2) Proof of service of the notice of contempt hearing is filed with the Court;
Criminal cases
Page 46 | LR02-TR69-18 Proceedings Supplemental: Contempt/Rule to Show Cause/Body Attachment
Proof of service on the garnishee defendant must be filed with the Court.
Proof of service on the garnishee defendant of the proceedings supplemental or interrogatories filed with the Court;
Criminal cases
Page 48 | A. General Procedure
The judgment creditor must forward a copy of the motion to the garnishee defendant or defendants.
and shall forward a copy to the garnishee defendant(s).
Criminal cases
Page 48 | C. Release
Proceedings supplemental or interrogatories must be served on the garnishee defendant by certified mail, sheriff’s service, or a private process server.
Service on the garnishee defendant of the proceedings supplemental or interrogatories by (a) Certified mail, (b) Sheriff’s service, or (c) Private process server;
Criminal cases
Page 48 | A. General Procedure
Written discovery directed to a party or nonparty must be served at least 33 days before the court-established discovery deadline expires.
All written discovery, whether directed to a party or nonparty to an action, must be served at least thirty-three (33) days prior to the expiration of any discovery deadline which is established by the Court.
Criminal cases
Page 57 | Time to Serve
After the discovery-service cutoff, counsel may serve a belated discovery request only after obtaining leave of court and showing good cause.
Counsel may not serve discovery requests after this deadline unless they first seek and obtain leave of Court to serve a belated request, and show good cause for the request.
Criminal cases
Page 57 | Time to Serve
The opposing party must receive the proposed belated discovery request when the motion for leave is served.
In such event, the proposed belated discovery request must be filed with the motion, and the opposing party must receive the request with service of the motion.
Criminal cases
Page 57 | Time to Serve
Requests for admission intended to be deemed admitted against an unrepresented party must be served under one of the specified Trial Rules, and proof of service must be filed.
(1) serve the requests for admissions on the unrepresented party pursuant to the manner of service set forth in Trial Rule 4.1, 4.2, 4.3, or 4.5; (2) file proof of service;
Criminal cases
Page 57 | Requests for Admissions Served on an Unrepresented Party
Requests for admission may not be served until 30 days after the responding party answers or otherwise responds to the complaint, or, if no timely responsive pleading is filed, until 30 days after that pleading was due.
Requests for Admissions shall not be served earlier than thirty (30) days after the responding party has answered or otherwise responded to the Complaint. If no Answer or other responsive pleading has been timely filed, Requests for Admission shall not be served until thirty (30) days after the responsive pleading was due.
Criminal cases
Page 57 | Time to Serve
Papers served under the consent must be placed in an envelope labeled with the receiving attorney’s name and current box number.
Any papers served under this Consent shall be placed in an envelope with the name of receiving attorney and current box number on the outside thereof.
Criminal cases
Page 62 | Consent to Alternate Service - Courthouse Boxes
A consent or revocation takes effect when filed with the Court Executive of Allen Superior Court.
The Consent or revocation will be effective upon filing with the Court Executive of Allen Superior Court.
Criminal cases
Page 62 | Consent to Alternate Service - Courthouse Boxes
A copy of the motion to withdraw is served on all counsel of record through the Indiana E-Filing System or another acceptable means of service.
The undersigned hereby certifies that on the_ _day or_ _, 2019, a true and correct copy of the foregoing Motion to Withdraw Appearance was served to all counsel of record by the Indiana E-Filing System, or other acceptable means of service, as follows:
Criminal cases
Page 63 | APPENDIX B(1) MOTION TO WITHDRAW APPEARANCE FORM
The Return of Service form includes a certificate that a copy was served on all counsel of record through the Indiana E-Filing System or another acceptable means.
CERTIFICATE OF SERVICE The undersigned hereby certifies that on the_ _day of_ _, 2019, a true and correct copy of the foregoing Return of Service of Summons was served to all counsel of record by the Indiana E-Filing System, or other acceptable means of service, as follows:
Criminal cases
Page 66 | APPENDIX C(2) RETURN OF SERVICE FORM
When service of process is by certified mail, the green return receipt card must be returned to the initiating party, not the Clerk.
If the certified mail service of process is utilized, the initiating party must cause the green return receipt card to the be returned to the initiating party, not returned to the Clerk.
Criminal cases
Page 92 | LR02-TR4-4 Service of Process
A person who is entitled to service but is not registered or cannot access the Indiana Electronic Filing System must be served under the applicable Trial Rule.
A person who has not registered or otherwise cannot access the Indiana Electronic Filing System but who is entitled to service of paper or pleading in a matter shall be served in accordance with the applicable Trial Rule regarding service.
Criminal cases
Page 93 | Serving Non-Registered Persons
After the signed Summons is returned and the sheriff-service fee is paid, the initiating party must deliver the documents to the Sheriff, providing three copies and proof of payment; delivery may be by hand or mail.
(2) By Allen County Sheriff. Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Allen County Sheriff to be served. It is the requesting party’s responsibility to provide the Allen County Sheriff with three copies of any document(s) to be served along with a proof of payment for this service. Documents may be hand-delivered or mailed to the Allen County Sheriff. See T.R. 4.12.
Criminal cases
Page 93 | LR02-TR4-5 Alternate Service
For papers in matters under the Court’s jurisdiction when e-filing is not required, service must follow the Indiana Rules of Trial Procedure or may be made through an attorney courthouse mailbox if consent is on file.
A. This rule shall apply only to the service of papers regarding matters under the jurisdiction of the Court. B. In the event e-filing is not required, service shall be accomplished pursuant to the Indiana Rules of Trial Procedure or by deposit in the attorney’s courthouse mailboxes provided consent to such service is on file with the Court Executive.
Criminal cases
Page 93 | LR02-TR4-5 Alternate Service
When a hearing is scheduled, notice must be given as required by the trial rules on service.
If a hearing is scheduled, notice of the hearing shall be given as required by the trial rules on service.
Criminal cases
Page 94 | LR02-TR7-6 Scheduling
Parties must exchange Financial Declaration Forms simultaneously by the deadlines in the applicable court rule or governing Court order.
parties shall simultaneously exchange Financial Declaration Forms by the deadlines prescribed in the applicable court rule and/or governing Court order.
Criminal cases
Page 95
At least three business days before a provisional-orders or child-support-modification hearing, each party must deliver the listed materials to all parties, except in support matters enforced by the State.
At least three (3) business days before a scheduled hearing regarding provisional orders or modification of child support (except support matters enforced by the State), each party shall deliver to all parties to the case the following materials: 1. Their three (3) most recent pay stubs for all employers; 2. Their most recent W-2s, 1099s, and federal income tax returns with all schedules and attachments; 3. Documentation regarding work-related child-care expenses; 4. Documentation regarding health insurance premiums; 5. Documentation regarding child support orders for other children; 6. Proposed Child Support Obligation Worksheets; 7. Financial Declaration Form; and 8. Any exhibit or document that each party intends to submit to the Court.
Criminal cases
Page 95 | LR02-TR26-9 Provisional Orders and Modification of Support
Filing Fees and Waivers
The Alcohol Countermeasures Program charges a $400 user fee per admission, payable to the Clerk of the Courts.
• User Fee (per admission)......................................................... $400.00 o User Fee is payable to the Clerk of the Courts for deposit with the Auditor of Allen County into the designated Allen County User Fee Fund.
Criminal cases
Page 11 | ALCOHOL COUNTERMEASURES PROGRAM
The Drug Court and Veterans Court Programs charge a $50 monthly services fee beginning in the second month, payable to the Clerk of the Courts.
• Monthly Services Fee (beginning w/ second month)................. $50.00 o Administration Fee and Monthly Services Fee is payable to the Clerk of the Courts for deposit with the Auditor of Allen County into the designated Allen County User Fee Fund.
Criminal cases
Page 11 | DRUG COURT PROGRAM and VETERANS COURT PROGRAM
The Drug Court and Veterans Court Programs charge a $100 administration fee per admission, payable to the Clerk of the Courts.
• Administration Fee (per admission) .......................................... $100.00 o Administration Fee and Monthly Services Fee is payable to the Clerk of the Courts for deposit with the Auditor of Allen County into the designated Allen County User Fee Fund.
Criminal cases
Page 11 | DRUG COURT PROGRAM and VETERANS COURT PROGRAM
Drug Court and Veterans Court Program chemical testing fees are assessed under the program's fee schedule and are payable to Criminal Division Services.
o In addition to the Administration and Monthly Services Fee, chemical testing fees will be reasonably assessed pursuant to the Program’s Chemical Testing Fee Schedule and are payable to Criminal Division Services for deposit with the Auditor of Allen County into the designated Allen County User Fee Fund.
Criminal cases
Page 11 | DRUG COURT PROGRAM and VETERANS COURT PROGRAM
Alcohol Countermeasures Program chemical testing fees are assessed under the program's fee schedule and are payable to Criminal Division Services.
o In addition to the User Fee, chemical testing fees will be reasonably assessed pursuant to the Program’s Chemical Testing Fee Schedule and are payable to Criminal Division Services for deposit with the Auditor of Allen County into the designated Allen County User Fee Fund.
Criminal cases
Page 11 | ALCOHOL COUNTERMEASURES PROGRAM
Fees under this section must be collected by the Problem-Solving Court or the Clerk of the Court.
The Problem-Solving Court or the Clerk of the Court shall collect fees under this section.
Criminal cases
Page 12 | LR02-TR00-50
The fee for service of process by the Allen County Sheriff must be paid to the Clerk before the initiating party delivers the documents for service.
Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Allen County Sheriff to be served.
Criminal cases
Page 21 | Service of Process
b. A problem-solving court services monthly fee and collect the fee in an amount not to exceed fifty dollars ($50) beginning with the second month of participation and for each month thereafter for the duration of participation in the problem-solving court.
b. A problem-solving court services monthly fee and collect the fee in an amount not to exceed fifty dollars ($50) beginning with the second month of participation and for each month thereafter for the duration of participation in the problem-solving court.
Criminal cases
Page 12 | Schedule of Program Fees
An Allen Circuit Court problem-solving court may require an administration fee of up to $100 per admission for initial services, regardless of participation length.
a. A problem-solving court administration fee of not more than one hundred dollars ($100) per admission to a problem-solving court for initial problem-solving court services regardless of the length of participation in the problem-solving court.
Criminal cases
Page 12 | Schedule of Program Fees
If ordered after the wrong case type was selected, the party may be required to pay the appropriate fee for opening the corrected case.
b. pay the appropriate filing fee related to opening the corrected case;
Criminal cases
Page 40 | Wrong Case Type Initially Selected
EFSPs must collect an e-filing convenience fee, which may include an additional provider fee, but convenience fees are not recoverable as court costs and may otherwise be recoverable by contract or statute.
E-Filing “Convenience Fee.” E-Filing Service Providers (EFSP’s) charge varying rates in the form of a “convenience fee.” All EFSP’s are required to collect this fee (which, in 2019, was approximately 3.5%) when e-filing. The EFSP’s then forward this amount to the State to help defray the costs related to the credit card processing fees incurred by the State’s system. Some EFSP’s will charge an additional fee on top of this convenience fee. Convenience fees shall not be recoverable as part of court costs. Convenience fees may otherwise be recoverable by contract or statute.
Criminal cases
Page 43 | Attorney’s Fees and Court Costs
Sealing & Redaction Procedures
Search warrant proceedings must be closed, confidential, and sealed.
Proceedings shall be closed, confidential and sealed.
Criminal cases
Page 13 | Search Warrant Procedures
The Jury Administration Office shall provide counsel with a copy of Juror Qualification Questionnaires, with the names and addresses redacted, no earlier than two (2) weeks in advance of trial.
The Jury Administration Office shall provide counsel with a copy of Juror Qualification Questionnaires, with the names and addresses redacted, no earlier than two (2) weeks in advance of trial.
Criminal cases
Page 60 | C(1). Access to Juror Information
The subpanel list and Juror Qualification Questionnaires may not be photocopied or duplicated without Court authorization.
No photocopies or duplicates shall be made without Court authorization.
Criminal cases
Page 60 | C(2). Access to Juror Information
The Jury Administration Office has exclusive access to juror information and may disseminate it upon request only when authorized by the rule.
The Jury Administration Office shall have exclusive access to juror information and disseminate juror information to parties, attorneys, and the public upon request when authorized to do so by thisrule.
Criminal cases
Page 60 | C. Access to Juror Information
The subpanel list and Juror Qualification Questionnaires must be returned to the Court when jury selection is complete.
The subpanel list and Juror Qualification Questionnaires shall be returned to the Court at the completion of the jury selection process.
Criminal cases
Page 60 | C(2). Access to Juror Information
The compiled master list of juror names is publicly examinable, but other information in the list must remain confidential.
Once compiled, the master list of names is open to the public for examination as a public record. However, all other information other than the names contained in the master list shall remain confidential.
Criminal cases
Page 60 | B. Public Access to Juror Names
Juror or prospective-juror personal information not disclosed in open court must remain confidential, except for use by the parties or their counsel, and the Court must maintain its confidentiality.
Personal information of a juror or prospective juror not disclosed in open court shall be confidential, other than for use by the parties or their counsel. The Court shall maintain confidentiality of juror personal information consistent with the constitutional and statutory rights of the parties.
Criminal cases
Page 60 | A. Juror Privacy
On either party’s motion, the Court may withhold juror names and addresses only after making findings of a strong need for jury protection and taking reasonable precautions to protect the parties’ rights; information withheld from one party must be withheld from all parties.
Consistent with Indiana case law regarding anonymous juries, the Court may, upon the motion of either party, withhold juror names and addresses from parties and counsel only if the Court 1) enters findings to support a conclusion that there is a strong reason to believe the jury needs protection, and 2) takes reasonable precautions to minimize any prejudicial effects on the parties and to ensure that their fundamental rights are protected. If the Court withholds juror information from one party under this “Anonymous Juries” subsection, the information shall be withheld from all parties.
Criminal cases
Page 60 | D. Anonymous Juries
Counsel may receive the complete subpanel list and unredacted questionnaires no earlier than trial day, but a request for unredacted questionnaires must be made at least seven days before trial or be denied.
Upon a timely request, the Jury Administration Office shall provide counsel with a complete subpanel list and unredacted Juror Qualification Questionnaires no earlier than the day of trial. The request for unredacted Juror Qualification Questionnaires shall be denied unless the request is made not fewer than seven (7) days prior to the commencement of the trial.
Criminal cases
Page 60 | C(2). Access to Juror Information
Documents containing confidential information must be filed in both Public Access and Non-Public Access versions.
The filing of documents containing confidential information is subject to the requirements of the Indiana Rules on Access to Court Records, and such other rules as promulgated by the Supreme Court. Confidential information includes, but is not limited to, medical records, medical bills, complete social security numbers, and complete account numbers for financial records such as bank accounts. Attorneys and unrepresented parties are required to file a Public Access Version and Non-Public Access Version of documents containing confidential information.
Criminal cases
Page 117 | LR02-SC00-202(B)(3) Filing Documents—Confidential Information
Completed jury questionnaires are confidential; only an attorney of record may remove them with a proper receipt for up to 24 hours for inspection and copying.
Such completed jury questionnaires are confidential and may only be removed from the files of the clerk or court by an attorney of record giving a proper receipt for a period of twenty-four (24) hours for inspection and copying the same.
Criminal cases
Page 9 | Selection of a Jury Panel
Filing Bundling Requirements
A motion asserting Trial Rule 12 defenses must be filed separately from the Answer, and the Court will not rule on those defenses until a separate motion is filed.
A motion to dismiss asserting Trial Rule 12 defenses must be filed separately from the Answer. The Court will not rule on defenses asserted under Trial Rule 12 until the party who raised the defense files a motion separate from its Answer.
Criminal cases
Page 32 | J. Trial Rule 12 Defenses
Motions must be filed separately from pleadings, proposed orders, and other motions; combined filings are considered dual pleadings and will be stricken.
Motions must be filed separately from other pleadings, proposed Orders, and other motions. Otherwise, such motions are considered “dual pleadings,” and will be stricken from the Record.
Criminal cases
Page 32 | I. Motions Must Be Filed Separately
The motion, supporting memorandum, designation and table of contents, response, and reply must be filed as separate documents.
The following documents shall be filed separately: 1) The Motion for Summary Judgment; 2) Memorandum in Support; 3) Designation of Evidence and Table of Contents; 4) Response Memorandum; and 5) Reply Memorandum.
Criminal cases
Page 33 | A. Motions for Summary Judgment
If a party desires to file a memorandum in support of any motion, the memorandum should be filed simultaneously with the motion.
If a party desires to file a memorandum in support of any motion, the memorandum should be filed simultaneously with the motion.
Criminal cases
Page 31 | E. Briefs and Memoranda Regarding Motions
Pre-Motion Conference Requirements
A continuance motion must be heard by the court and set for hearing under the procedure in Rule 7-2(C).
All motions seeking a continuance shall be heard by the court and shall therefore be set for hearing in accordance with Rule 7-2(C) above.
Criminal cases
Page 6 | Continuances Criminal
For a motion requiring a court hearing, the moving party must consult opposing counsel and set the motion on the court calendar; an unset motion will be summarily denied.
All motions requiring a hearing before the court shall be set on the court calendar by the moving party after first consulting with opposing counsel. Any motion requiring a hearing before the court which is not set for hearing on the court calendar by the moving party shall be summarily denied.
Criminal cases
Page 6 | Motions for Criminal Court
Counsel must comply with Trial Rule 26(F) before filing a motion to compel.
Prior to the filing of a Motion to Compel counsel shall comply with the provisions of Trial Rule26(F).
Criminal cases
Page 8 | Pre-Trial Discovery
A judgment creditor may file a motion for rule to show cause only after a proceedings supplemental hearing and the debtor or garnishee fails to comply with the resulting order.
A judgment creditor seeking relief under a Motion for Rule to Show Cause shall not file such motion until after a proceedings supplemental hearing is held and after the judgment debtor or defendant garnishee fails to meet the criteria of the resulting order.
Criminal cases
Page 44 | Proceedings Supplemental
Strict compliance with Trial Rule 26(F) requires a telephonic or face-to-face meeting to resolve the discovery dispute.
Strict compliance with Trial Rule 26(F) means a telephonic or face-to-face meeting.
Criminal cases
Page 57 | Discovery Disputes
A party bringing a discovery motion under Trial Rules 27 through 37 must fully comply with Trial Rule 26(F)'s informal dispute-resolution requirements; the Court may deny a motion for noncompliance.
The Court will strictly enforce the informal resolution of discovery disputes in accordance with Trial Rule 26(F). The Court may deny any discovery motion filed pursuant to Trial Rule 27 through 37, if the party filing the motion has not fully complied with the requirements of Trial Rule 26(F).
Criminal cases
Page 57 | Discovery Disputes
A party may move to strike excessive, oppressive, or repetitive discovery requests only after fully complying with Trial Rule 26(F).
A party who has been served with discovery may file a motion to strike specific discovery requests as excessive, oppressive or repetitive, after fully complying with Trial Rule 26(F).
Criminal cases
Page 58 | Motion to Strike
A party seeking to exceed discovery limits must first comply fully with T.R. 26(F), then file an agreed stipulation or, if no agreement is reached, a motion for leave; the Court may grant an increase for good cause.
The Court, for good cause shown, may increase the discovery limits set forth in this rule. Any party desiring to serve more than the applicable limits on interrogatories, requests for production of documents, and/or requests for admission shall, after full compliance with T.R. 26(F), either: 1. File a stipulation of the parties, agreeing to the additional interrogatories, requests for production of documents, and/or admissions; or 2. If an agreement cannot be obtained, file a written motion requesting leave of the Court to serve more than the applicable limit on interrogatories, requests for production of documents, and/or requests for admission. Any such motion shall set forth the additional proposed interrogatories, requests for production of documents, and/or requests for admission, and shall explain their necessity. A party is required to fully comply with T.R. 26(F) prior to filing any such motion.
Criminal cases
Page 97 | Serving in Excess of the Limit
A party must fully comply with T.R. 26(F) before filing a discovery motion, or the Court may deny the motion.
The informal resolution requirement of T.R. 26(F) shall be strictly enforced. The Court may deny any discovery motion filed pursuant to T.R. 27-37, if the moving party has not complied fully with T.R. 26(F).
Criminal cases
Page 98 | Resolution of Discovery Disputes
The listed motions may be granted without a hearing or a response from the non-moving party; motions to amend may be summarily granted or denied unless the Court schedules a hearing.
The following motions may be granted without a hearing and without a response from the non-moving party: (1) Motion for Initial Enlargement of Time for Answer; (2) Motion to Dismiss complaint by Plaintiff when no answer has beenfiled; (3) Motion to Dismiss Counterclaim by Defendant when no reply has been filed; (4) Motion to Amend any pleading; such motions may be summarily granted or denied unless the Court determines that a hearing should bescheduled; (5) Unopposed motion and joint motions.
Criminal cases
Page 31 | D. Motions Not Likely to Require Hearing
A party may file a reply memorandum, but sur-replies are prohibited absent leave of court.
A party may file a Reply Memorandum to the Response to Motion for Summary Judgment. There shall be no sur-replies filed absent leave of Court.
Criminal cases
Page 34 | A. Motions for Summary Judgment — 7. Memoranda
For good cause, the Court may grant a motion to compel third-party discovery without a hearing or strict Trial Rule 26(F) compliance.
The Court may grant a motion to compel third-party discovery without a hearing and without strict compliance with Trial Rule 26(F) upon good cause shown.
Criminal cases
Page 58 | Discovery Disputes
After fully complying with Trial Rule 26(F), the recipient may move for a protective order or to strike specific interrogatories; the motion must be scheduled for hearing and does not extend the time to answer unobjectionable interrogatories.
B. The recipient of Interrogatories may file a Motion for Protective Order (T.R. 26(C)) or a Motion to Strike specific interrogatories after fully complying with T.R. 26(F). Any such Motion shall be scheduled for hearing and does not extend the time for answering unobjectionable Interrogatories.
Criminal cases
Page 96 | LR02-TR33-11 Discovery Requests
After at least one email and one telephone call seeking a discovery dispute conference, an attorney may file a motion to compel if opposing counsel does not respond within seven days of the last attempt.
If an attorney sends at least one email and makes at least one telephone call seeking a discovery dispute conference, but opposing counsel does not respond within seven days from the last attempt, it shall be presumed that reasonable efforts have been made and a Motion to Compel may be filed.
Criminal cases
Page 98 | Resolution of Discovery Disputes
Adjournment & Extension Requirements
The court will deny continuance requests based on the need for further plea negotiations.
The court will deny all requests for acontinuance based on the need for further plea negotiations.
Criminal cases
Page 5 | Initial Hearing and Plea
The court may grant a continuance only for good cause and only as long as necessary, considering the prosecution's or defendant's request or consent and the public interest in prompt disposition.
Upon motion of any party, the court may grant a continuance only upon a showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defendant, but also the public interest in the prompt disposition of the case.
Criminal cases
Page 6 | Continuances Criminal
An initial written motion to enlarge the time to answer is automatically allowed until 30 days after filing or 2 days before the Case Management Conference, whichever comes first; it must be filed before that conference and does not apply to a defendant already in default.
An initial written motion for enlargement of time to file an Answer shall be automatically allowed for an additional thirty (30) days from the filing of the motion, or until two (2) days before the Case Management Conference, whichever is earlier. This rule shall not apply if the defendant requesting the motion has already been defaulted. For this rule to be applicable, the motion must be filed before the Case Management Conference is conducted.
Criminal cases
Page 31 | G. Initial Enlargement of Time for Answer
A motion to extend a response deadline or modify another deadline must be verified and state particularized grounds, the original and proposed due dates, all future case dates, and the other parties’ positions; failure to comply strictly may result in summary denial.
A motion for enlargement of time to file any response (other than to file an Initial Enlargement to Answer a Complaint as permitted in section G of this rule), and a motion to modify any other deadline (other than hearing dates or trial dates) shall be verified, shall state the grounds for the requested relief with particularity, shall state the date the original response is due, shall state the new date the moving party proposes for the response is to be due, shall list all future conferences, hearings and trial dates set in the case, and shall state whether the other parties agree with or object to the motion. A party’s failure to strictly comply with these requirements may subject the motion to summary denial.
Criminal cases
Page 32 | H. Enlargement/Modification of Time/Deadlines for All Matters Other Than an Initial Enlargement to Answer a Complaint
A continuance motion made outside the conference, hearing, or trial must be verified, state its particularized grounds and the other parties’ positions, and list and describe the case’s existing deadlines and scheduled events.
A motion for continuance of a court conference, hearing or trial, unless made during the conference, hearing or trial, shall be verified, stating the grounds with particularity, and shall state whether the other parties agree with or object to the motion. The motion shall include a list and a description of all deadlines and conferences, hearings/trial dates presently set in the case.
Criminal cases
Page 39 | Continuances of Hearings and Trials
File a continuance motion or stipulation as soon as the reason is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
Motions or stipulations for continuance of a conference, hearing or trial shall be filed as soon after the cause for continuance or delay is discovered, and no later than seven (7) days before date set, unless the reason is shown by affidavit to have occurred within the seven (7) day period.
Criminal cases
Page 39 | Continuances of Hearings and Trials
A continuance stipulation must state the particularized grounds and be signed by all attorneys of record.
The stipulation to continue the conference, hearing or trial of any pending matter shall state, with particularity, the grounds for the continuance and must be signed by all attorneys of record.
Criminal cases
Page 39 | Continuances of Hearings and Trials
The reason for this request is (state reason with particularity). The (describe) is currently due on (date), and the undersigned requests the deadline be extended/modified to: (date). All future conferences, hearings and trial dates in this case are: (list and describe). (List all other parties) does not object/objects to this extension of time. This request does not/does impact other deadlines, court conferences/hearing/trial dates presently set in this case (if applicable, list and describe all impacted deadlines, conferences/hearings/trial dates).
The reason for this request is (state reason with particularity). The (describe) is currently due on (date), and the undersigned requests the deadline be extended/modified to: (date). All future conferences, hearings and trial dates in this case are: (list and describe). (List all other parties) does not object/objects to this extension of time. This request does not/does impact other deadlines, court conferences/hearing/trial dates presently set in this case (if applicable, list and describe all impacted deadlines, conferences/hearings/trial dates).
Criminal cases
Page 77 | Appendix G(1) Motion for Enlargement/Modification of Time/Deadlines Form
A motion to continue must identify the date at issue, state the reason with particularity, list future court dates and current deadlines, and state the other parties’ positions.
Pursuant to Local Rule LR02-TR7-12, (party), by counsel, moves the Court to continue the court conference/hearing/trial that is set tor _(date). In support, I swear and affirm, subject to the penalties for perjury, that the following representations are true: 1. The reason for this request is (state reason with particularity). All future court conferences/hearings and trial dates in this case are: (list and describe all the hearings and trial dates). All deadlines that are presently set in this case are: (list and describe all the deadlines). (List all other parties) does not object/objects to this continuance.
Criminal cases
Page 79 | Appendix G(3) Motion to Continue Court Conference/Hearing/Trial Form
A continuance motion generally must be written, verified, state particularized grounds and the other party’s position, and be scheduled for argument if opposed; an oral motion at trial commencement is excepted, and a specified verified motion may be granted without a hearing.
A Motion to Continue a hearing, unless made orally at the commencement of a trial, shall be in writing, shall state with particularity the grounds, shall recite whether the other party objects or consents to the motion, and shall be verified, and shall be served upon opposing counsel or pro se party. When opposed, such motion shall be scheduled on the calendar by the moving party for argument. If the verified motion provides that the date of the hearing sought to be continued was not cleared on the calendar of all attorneys of record at the time of scheduling, the motion may be granted without a hearing.
Criminal cases
Page 99 | LR02-TR53.5-18 Continuances
A party who was not timely served with a Notice of Claim or Notice of Counterclaim is entitled to a trial continuance.
A party is entitled to a continuance of a trial if they have not been timely served with a Notice of Claim or Notice of Counterclaim.
Criminal cases
Page 119 | LR02-TR4-205 Service of Claims and Counterclaims
A continuance under subsection (A) may not be granted within 7 days of the hearing or trial unless a Judicial Officer approves it.
However, a continuance under this subsection shall not be granted within seven (7) days of the hearing or trial, unless approved by a Judicial Officer.
Criminal cases
Page 120 | LR2-TR53.5-208 Continuances
Except on good cause shown and approval by a Judicial Officer, no motion for continuance of a proceedings supplemental will be granted.
Except on good cause shown and approval by a Judicial Officer, no motion for continuance of a proceedings supplemental will be granted.
Criminal cases
Page 121
An attorney may enter an appearance before the defendant’s next court appearance and obtain a one-week continuance without appearing before the court.
(A) An attorney may enter his appearance on behalf of a defendant prior to the defendant’s next court appearance and secure a one (1) week continuance without appearing before the court.
Criminal cases
Page 10 | Special Procedures for Misdemeanor and Traffic Division
A defendant requesting private counsel or a public defender will be granted a two-week continuance to obtain counsel.
(B) Defendants requesting counsel (private or public defender) will be granted a continuance of 2 weeks for the purpose of obtaining counsel.
Criminal cases
Page 10 | Special Procedures for Misdemeanor and Traffic Division
Upon request at the initial appearance, counsel is entitled to a two-to-three-week continuance to investigate the case and discuss potential settlement.
(C) Upon initial appearance, counsel will be entitled, upon request, to a continuance of 2 to3 weeks for the purpose of investigating the case, discussing potential settlement with the Prosecuting Attorney, etc.
Criminal cases
Page 10 | Special Procedures for Misdemeanor and Traffic Division
The Court has discretion to grant or deny a continuance motion or stipulation.
The Court in its discretion may grant or deny a motion or stipulation for continuance of a conference, hearing or trial.
Criminal cases
Page 39 | Continuances of Hearings and Trials
If the parties cannot complete a hearing within its scheduled time, it will be continued and reset unless the Court directs otherwise.
Should the parties be unable to complete the hearing within the scheduled time, the hearing will be continued and reset on the calendar, unless otherwise directed by the Court.
Criminal cases
Page 86 | LR02-TR73-24 Hearings
The Court may amend these time limits for good cause shown.
These time limits may be amended by the Court for good cause shown.
Criminal cases
Page 95
The Court may continue a dissolution-of-marriage hearing until all other pending dissolution cases between the same parties have been dismissed.
In its discretion, the Court may continue a hearing in any action for dissolution of marriage until all other cases for dissolution of marriage pending between the same parties in any Court have been dismissed.
Criminal cases
Page 98 | Multiplicity of Dissolution of Marriage Actions
The Court may grant an oral motion for continuance at the beginning of a hearing or trial upon a showing of good cause.
On a showing of good cause the Court may grant an oral motion for continuance at the beginning of a hearing or trial.
Criminal cases
Page 120 | LR2-TR53.5-208 Continuances
Except as provided in paragraphs (B) and (D), each party may receive one continuance as a matter of right without showing good cause.
Except as provided in paragraphs (B) and (D) below, each party to a case may be granted one (1) continuance as a matter of right without showing good cause.
Criminal cases
Page 120 | LR2-TR53.5-208 Continuances
The parties may continue proceedings supplemental by agreement.
The parties by agreement may continue a proceedings supplemental.
Criminal cases
Page 121
The parties may continue any hearing or trial by agreement.
Any hearing or trial may be continued by agreement of the parties.
Criminal cases
Page 121
hearing or trial will be granted to a defendant where the case involves possession of real estate or personal property.
hearing or trial will be granted to a defendant where the case involves possession of real estate or personal property.
Criminal cases
Page 121
The parties may agree to reset proceedings supplemental without a court order; if either party then fails to appear, the proceedings are dismissed and neither party is sanctioned for that failure.
In any proceedings supplemental the parties may agree to reset the proceedings supplemental without a court order to appear. If either party fails to appear at the reset proceedings supplemental, the proceedings supplemental shall be dismissed and no sanctions shall be issued against either party for the failure toappear.
Criminal cases
Page 131 | Agreements to Appear
The Court determines the rescheduling of all continued matters.
All matters continued shall be rescheduled as determined by the Court.
Criminal cases
Page 39 | Continuances of Hearings and Trials
Chambers Communication Rules
Once notified that the debtor is in custody, the Court must, to the best of its ability and consistent with its daily responsibilities, try to contact the creditor and notify the creditor of a later time that same Court business day when the debtor will be brought before the Court.
Once the Court is notified that the judgment debtor is in custody, the Court, to the best of its ability and consistent with the continued performance of its daily responsibilities, shall: (1) Attempt to contact the creditor at the telephone numbers on file with the Court; and (2) Notify the creditor of a time later during the same Court business day when the judgment debtor will be brought before the Court for questioning by that creditor.
Criminal cases
Page 46 | LR02-TR69-18 Proceedings Supplemental: Contempt/Rule to Show Cause/Body Attachment
Jurors must immediately notify the Court if exposed to outside information or if they have difficulty following the instructions.
If any juror is exposed to any outside information, or has any difficulty whatsoever in following these instructions, please notify the Court immediately.
Criminal cases
Page 83 | Jury Instructions
Jurors must report to the Court if they learn that a fellow juror violated the instructions.
If any juror becomes aware that one of your fellow jurors has done something that violates these instructions, you are obligated to report that to the Court as well.
Criminal cases
Page 84 | Jury Instructions
Jurors must inform the Court at the beginning of the next session if they hear or observe anything about the case outside the courtroom.
Additionally, if you hear or observe anything about this case outside this courtroom, whether inadvertently or otherwise, you must immediately inform the Court at the beginning of our next session.
Criminal cases
Page 84 | Jury Instructions
If a judge fails to act within the time specified in Trial Rule 53.1(A), and no action under Trial Rule 53.1(D) or (E) has been taken, an interested party may seek informal resolution by an ex parte request to the specified judge or court administrator, with an alternate judge available if the non-ruling judge is the Administrative Judge.
If a Judge fails to set a motion or hearing or fails to rule on a motion within the time period specified in Trial Rule 53.1(A), and if no action has been taken as provided in Trial Rule 53.1(D) or (E), an interested party may seek an informal resolution of the Judge’s failure by making an ex parte request to the Administrative Judge of the Civil Division for Superior Court cases, or the Judge or Court Administrator of the Allen Circuit Court for Circuit Court cases. If the Judge who has failed to rule is the Administrative Judge of the Allen Superior Court Civil Division, an interested party may make the request to one of the other Judges of the Allen Superior Court Civil Division.
Criminal cases
Page 38 | LR02-TR53.1-11 Failure to Rule – Informal Procedure