Allen County Courts, Indiana Document Filing Requirements

CRITICALCriminal cases

Applies to

Motion to withdraw appearance

Must include

certificate of service

The motion to withdraw includes a certificate stating that a copy was served on all counsel of record.

CERTIFICATE 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:

CRITICALCriminal cases

Applies to

Default judgment request

If information or documentation required for a default judgment is unavailable, the requesting party must file an affidavit identifying it and explaining why it is unavailable.

(H) Unavailable Information or Documentation. If any of the information or documentation required by LR-02-SC10-211(A) through LR-02-SC-10- 211(G) is unavailable, the party requesting a default judgment shall file an affidavit that identifies the unavailable information or documentation and states why the information or documentation is unavailable.

CRITICALCriminal cases

Applies to

Pauper counsel questionnaire

A party requesting appointment of pauper counsel must complete the court-prescribed eligibility questionnaire.

Any party requesting appointment of paper council in any case shall complete a questionnaire prescribed by the court that requests information regarding the applicant’s employment, earnings, financial resources, education, training, age, family composition, disabilities, or other information necessary for the court to consider the applicant’s eligibility for the appointment of pauper counsel.

CRITICALCriminal cases

Applies to

Stipulation

Stipulations must be written, signed by all parties or their counsel and personally by the defendant, and approved by the court.

All stipulations must be in writing, signed by all parties or their counsel, signed by the defendant personally, and approved by the court.

CRITICALCriminal cases

Applies to

Motion for leave to exceed discovery limits

A motion for leave to exceed discovery limits must identify the additional proposed discovery requests and explain why they are necessary.

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.

CRITICALCriminal cases

Applies to

Default judgment request

The defendant must file an Affidavit for Judgment by Default and any other supporting documentation required by the Court before default judgment on a counterclaim.

Before the default judgment is granted, the record must reflect proof of service of the Notice of Counterclaim, and the defendant must file an Affidavit for Judgment by Default along with any other supporting documentation required by the Court.

CRITICALCriminal cases

Applies to

Search warrant

An issued search warrant must include its date and time of issuance.

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.

CRITICALCriminal cases

Applies to

Motion for default judgment

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.

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.

CRITICALCriminal cases

Applies to

Motion to deem facts admitted

A party seeking to deem requests for admission admitted against an unrepresented party must file a motion to Deem Facts Admitted.

(3) file a motion to Deem Facts Admitted;

CRITICALCriminal cases

Applies to

Motion to stay

Collection proceedings are not stayed after a motion to set aside default judgment unless a motion to stay is filed and granted under Ind. Trial Rule 62(B).

In any case in which a motion to set aside default judgment has been filed, collection proceedings will not be stayed unless a motion to stay is filed and granted pursuant to Ind. Trial Rule 62(B).

CRITICALCriminal cases

Applies to

Motion for initial enlargement of time to answer complaint

The initial enlargement motion form calls for an assertion that the defendant has not been defaulted, the scheduled Case Management Conference, and a requested 30-day extension ending at least two days before that conference.

In support of this motion, Defendant asserts: 1. The Defendant has not been defaulted. 2. A Case Management Conference is currently scheduled for Defendant is requesting an additional thirty days to respond to Plaintiff's Complaint, to and including ., which is at least two days before the scheduled Case Management Conference.

CRITICALCriminal cases

Applies to

Return of service

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.

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.

CRITICALCriminal cases

Applies to

Motion for recall of body attachment

A judgment creditor seeking recall of a Body Attachment must file a motion stating the reason for recall.

If during the pendency of a Body Attachment, the judgment creditor desires to recall the body attachment, the judgment creditor shall: (a) file a motion for recall of the Body Attachment; and (b) state in the motion the reason for the desired recall.

CRITICALCriminal cases

Applies to

Continuance stipulation

A continuance stipulation must 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.

CRITICALCriminal cases

Applies to

State discovery compliance record

The State’s filed compliance record must include its witness list and the specified statement, descriptions of materials provided, and any inspection arrangements.

(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.

CRITICALCriminal cases

Applies to

Jury instruction requests

Jury-instruction requests submitted to the court must include citations of authority.

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.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

Before entry of an order granting a motion, the moving party must furnish a proposed order for the listed matters unless the Court directs otherwise; the rule does not apply to judgments on a jury’s general verdict or a decision announced by the Court, and noncompliance may result in summary denial.

Prior to entry by the Court of orders granting motions, the moving party shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters: (1) enlargement of time (2) continuance (3) default judgment (4) compel discovery (5) dismissal (6) appointment of receiver (7) appointment of guardian (8) appointment of personal representative (9) immediate possession of real estate (10) immediate possession of personal property (11) petition for certification of interlocutory appeals (12) staying further proceedings by reason of bankruptcy, appeal, or other grounds (13) request for hearing (14) extensions of dispositive motion filing deadlines and resetting the dispositive motion hearing and other hearings (See A.C. Local Civil Rules 8(H) and Appendix G(1) and (2).) (15) attorney’s withdrawal of appearance (16) other orders, judgments, or decrees as the Court may direct. This local rule does not apply to judgments on general verdicts of the jury or upon a decision announced by the Court. Failure to comply with this local rule may result in the motion being summarily denied.

CRITICALCriminal cases

Applies to

Executed search warrant filing

The filed warrant and Return must be dated, timestamped, and recorded on the Chronological Case Summary and in the Confidential Order Book.

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.

CRITICALCriminal cases

Applies to

Initial motion for enlargement of time to answer

An initial motion to enlarge the time to answer must state that the defendant is not in default, give the scheduled Case Management Conference date, and propose an answer deadline at least 2 days before that conference.

The motion shall include: a statement that the Defendant has not been defaulted; the date on which the Case Management Conference is currently set to be conducted; and the new proposed deadline for the Defendant to file the Answer (which shall be at least two days before the scheduled Case Management Conference).

CRITICALCriminal cases

Applies to

Notice of appeal receipt

The court reporter must make a CCS entry acknowledging receipt of the notice of appeal.

The Court Reporter shall make a CCS entry acknowledging receipt of the Notice of Appeal.

CRITICALCriminal cases

Applies to

Motion to withdraw appearance

If no other counsel has appeared, the withdrawal motion must certify the party’s last known address, telephone number, and email address, subject to the stated confidentiality provisions.

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).

CRITICALCriminal cases

Applies to

Notice of claim

The plaintiff must file the written lease and any written notices of default sent to the defendant with the Notice of Claim.

(B) Lease and Notices. Any written lease agreement for the real estate with the defendant, including extensions, modifications, amendments, or addendums shall be filed by the plaintiff with the Notice of Claim, along with any written notices of default that were sent to the defendant.

CRITICALCriminal cases

Applies to

Motion for mediation

For a hearing of less than one-half day where mediation is required, the moving party must file a motion for mediation before or with the hearing notice.

When mediation is required for hearings of less than one-half day, the moving party shall also file a motion for mediation prior to, or with the notice of hearing.

CRITICALCriminal cases

Applies to

Motion to withdraw appearance

The motion to withdraw must certify the client’s last known address, telephone number, and email address, subject to the stated confidentiality provisions.

I certify that the last known address, telephone number, and email address of my client, subject to the confidentiality provisions of T.R. 3.1(A)(8) and (D), is:

CRITICALCriminal cases

Applies to

Default judgment request

In account cases, the additional listed documentation or information must be part of the chronological case summary when the default-judgment request is filed.

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:

CRITICALCriminal cases

Applies to

Fee petition

A fee request for an attorney serving as Personal Representative must include a filed description of services, time spent, and hourly rate.

(b) A description of services rendered including time spent with hourly rate in support of the request is filed.

CRITICALCriminal cases

Applies to

Garnishment order

Return of answered interrogatories, other verification of employment by the garnishee defendant, or failure to answer interrogatories after notice.

Return of answered interrogatories, other verification of employment by the garnishee defendant, or failure to answer interrogatories after notice.

CRITICALCriminal cases

Applies to

Designation of evidence and table of contents

A designation of evidence must begin with a table of contents identifying each relied-upon exhibit, its title and letter, and its beginning and ending page numbers.

The first item set out below the caption of the case in the “Designation of Evidence and Table of Contents” shall be the Table of Contents. The Table of Contents must clearly designate each Exhibit relied upon in the Motion or Response. Each Exhibit shall be affixed with a Title and Exhibit Letter. No document or individual page may be designated as evidence that does not contain an Exhibit Letter and short Title. The Table of Contents shall contain the beginning and ending page number for each Exhibit.

CRITICALCriminal cases

Applies to

Motion for leave to serve additional interrogatories

A party seeking to serve additional interrogatories must obtain a stipulation or, if agreement is unavailable, move for leave; the motion must include the proposed interrogatories, explain their necessity, and comply with Trial Rule 26(F).

Any party desiring to serve interrogatories in excess of the limit set above shall either: (1) file a stipulation of the parties, agreeing to the additional interrogatories; or (2) if agreement cannot be obtained, file a written motion requesting leave of the Court to serve more than fifty (50) interrogatories. The motion must set forth those additional proposed interrogatories, and must explain their necessity. Full compliance with Trial Rule 26(F) is required.

CRITICALCriminal cases

Applies to

Discovery dispute motion

A discovery-dispute motion must state the date and time of the Trial Rule 26(F) meeting.

Discovery dispute motions must include the date and time the meeting took place.

CRITICALCriminal cases

Applies to

Motion to withdraw appearance

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.

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.

CRITICALCriminal cases

Applies to

Default judgment request

For an account case, the chronological case summary must include written documents forming the basis of the claim.

Any agreement, contract, lease, invoice, receipt, bill or other written document that serves as a basis for the claim.

CRITICALCriminal cases

Applies to

Fee recovery request

When an e-filing convenience fee is recoverable under contract, the request must include the contract language and attach the contract as an exhibit to an affidavit.

In instances where the fee is allowable under contract, the request must also be accompanied by the contract language showing the fee is recoverable. The contract shall be attached to an affidavit as an exhibit.

CRITICALCriminal cases

Applies to

Body attachment pleadings and forms

For each judgment debtor, the creditor must complete and file the required pleadings and forms, including a Request for Body Attachment, a Writ of Attachment with the required release-bond statement, and a Warrant Information Card containing the debtor’s Social Security number and date of birth.

(5) The judgment creditor properly completes and files all pleadings and forms required by the Court. The pleadings and forms currently include for each judgment debtor: (a) one (1) Request for Body Attachment; (b) one (1) Writ of Attachment, which must include a statement setting a bond for release. (The bond amount shall be set at the lesser of $500.00 or the total amount remaining unpaid on the judgment including costs and interest); and, (c) the Warrant Information Card, including the judgment debtor’s social security number and date of birth.

CRITICALCriminal cases

Applies to

Stipulation and agreement

Must include

proposed order

Agreements on material issues must be set out in a written stipulation signed by the parties and/or their attorneys, filed with the Court, and accompanied by a separate proposed order containing the relevant portions of the agreement.

Where parties have reached an agreement on any or all material issues of law or fact, the terms of such agreement shall be detailed in a written stipulation, which shall be signed by the parties and/or their attorneys. The written agreement shall be filed with the Court, along with a separate proposed Order, which includes the relevant portions of the agreement.

CRITICALCriminal cases

Applies to

Proposed order

Must include

caption

A proposed order must contain the proper case caption and detailed relief, and must use the specified judge-title and date-line wording; inclusion of the judge’s or magistrate’s name is preferred.

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.

CRITICALCriminal cases

Applies to

Return of service

The Return of Service form calls for notice to the Court whether service was perfected and attachment of the proof of service or non-service.

Plaintiff, [name], by counsel, notifies the Court that service of process of the Summons, Complaint, and Appearance [were / were not] perfected on Defendant, [name]. Attached as "Exhibit A" is the: [proof of service/non-service] document.

CRITICALCriminal cases

Applies to

Certificate of issuance of summons

For the listed methods of service, the initiating party must file a Certificate of Issuance of Summons.

(1) By Certified Mail, Private Process, Sheriff (excluding the Allen County Sheriff), Publication and other Methods. The initiating party must file a Certificate of Issuance of Summons.

CRITICALCriminal cases

Applies to

Default judgment request

The plaintiff must file an Affidavit for Judgment by Default and any other supporting documentation required by the Court before default judgment on a claim.

Before a default judgment is granted, the record must reflect proof of service of the Notice of Claim, and the plaintiff must file an Affidavit for Judgment by Default along with any other supporting documentation as required by the Court.

CRITICALCriminal cases

Applies to

Extraordinary fee petition

Petitions requesting extraordinary fees must describe the services rendered with specificity.

Fee petitions requesting extraordinary fees must set forth services rendered with specificity.

CRITICALCriminal cases

Applies to

Motion for deadline extension or modification

Must include

proposed order

A motion to extend or modify a deadline must use the Appendix G(1) form and be filed with a proposed order substantially similar to Appendix G(2), modified for the motion.

The motion shall be in the form provided at Appendix G(1). A proposed order that is substantially similar to the form set out in Appendix G(2) - Order Amending Deadlines, modified for the particular motion, shall also be filed.

CRITICALCriminal cases

Applies to

Chronological case summary

For an installment-loan or repossession default judgment request, the chronological case summary must include the signed contract, payment itemization, applicable repossession or sale details, and notices regarding repossession or sale.

(F) Installment Loan Contract/Repossession. In cases involving installment loan contracts or repossession, 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. A copy of the original contract with the defendant’s signature. 2. An itemization of all amounts paid on the contract by the defendant. 3. If the personal property was repossessed: a. The date of repossession. b. The current location of the property. 4. If the personal property has been sold: a. The date and location of the sale. b. The gross amount of the sale proceeds. c. An itemization of all deductions/charges from the gross sale proceeds. d. The amount of the gross sale proceeds applied to the account balance. 5. Copies of all notices to the defendant regarding repossession and/or sale of the vehicle.

CRITICALCriminal cases

Applies to

Petition for order for protection and request for a hearing

A Petition for an Order for Protection and Request for a Hearing must be filed in the Allen Superior Court Small Claims Division.

A Petition For An Order For Protection And Request For A Hearing shall be filed in the Allen Superior Court Small Claims Division.

CRITICALCriminal cases

Applies to

Defense discovery compliance record

The defense’s filed compliance record must include its witness list, a description of items provided for examination, and its statement of defenses.

(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).

CRITICALCriminal cases

Applies to

Motion to withdraw appearance

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.

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.

CRITICALCriminal cases

Applies to

Pretrial conference memorandum

At the end of a pretrial conference, the court must prepare and file a memorandum of the matters agreed upon.

At the conclusion of a conference the court shall prepare and file a memorandum of the matters agreed upon.

CRITICALCriminal cases

Applies to

Attorney fee affidavit

An attorney-fee affidavit must include an attached billing statement itemizing services, total fees, payments received, and the account balance.

In addition, the affidavit shall have attached to it a billing statement which includes an itemization of services, the total fee for the services, payments received for the services, and the account balance.

CRITICALCriminal cases

Applies to

Stipulation

The moving party is responsible for scheduling a motion hearing; if the parties agree no hearing is desired, they must file a stipulation requesting a ruling without one.

It is the responsibility of the moving party to schedule a hearing on the motion. If the parties agree that no hearing is desired, the parties shall file a Stipulation requesting a ruling without a hearing.

CRITICALCriminal cases

Applies to

Chronological case summary

For a landlord-tenant default judgment request involving unpaid rent or rental-property damages, the chronological case summary must include the lease, charge and payment records, an itemization, and the specified security-deposit notice.

(E) Landlord/Tenant Cases. In cases involving unpaid rent and/or damages to rental property, 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. Lease agreement. 2. Ledger or other summary of charges and payments. 3. Itemization of unpaid rent, late fees, and otherdamages. 4. A copy of the written notice to the defendant regarding disposition of the security deposit and itemization of damages.

CRITICALCriminal cases

Applies to

Default judgment request

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.

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.