Allen County Courts, Indiana Document Filing Requirements

WARNINGCriminal cases

Applies to

New case filing

Counsel should carefully select the case type and consult the Case Type Quick Reference Guide; if in doubt between “CC” and “PL,” counsel must initially designate the case as “PL.”

Counsel are cautioned to be diligent in case type selection when filing a new case. Counsel should refer to the Indiana Supreme Court’s Case Type Quick Reference Guide. If there is doubt, for instance between selecting a “CC” or a “PL” designation for the new case, counsel shall initially designate the case type as “PL”.

WARNINGCriminal cases

Applies to

Return of service

Must include

certificate of service

The Return of Service form 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 of ›, 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:

WARNINGCriminal cases

Applies to

Application for audio or videotape copies

A party seeking copies of audio or videotape must apply to the court and state specifically why the copies are necessary.

An application to the court shall be made to obtain copies of audio or videotape. Said application shall state in specific terms the necessity for such copies.

WARNINGCriminal cases

Applies to

Default judgment request

The general default-judgment materials generally include written documentation forming the basis of the claim.

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

WARNINGCriminal cases

Applies to

Search warrant proceeding

Each search warrant proceeding must receive an MC number, be placed in the Confidential Order Book, and be indexed by name and address.

The Search warrant proceeding shall be assigned an MC number and shall be placed in the Confidential Order Book and indexed by name and address.

WARNINGCriminal cases

Applies to

Default judgment request

Must include

proposed order

The general default-judgment materials generally include a proposed order in a court-approved form.

A proposed order for default judgment in a form approved by the Court.

WARNINGCriminal cases

Applies to

Notice of trial calendar status

The Notice of Trial Calendar Status form directs the filer to select the applicable paragraph; the resolution-by-agreement paragraph states that the agreement is filed with the notice.

NOTICE OF TRIAL CALENDAR STATUS (check appropriate paragraph) The , by counsel, , hereby certifies to the Court that the above captioned matter has been resolved by agreement filed herewith, and accordingly, the trial set herein for at should now be removed from the Court's calendar. [OR] There are presently no matters herein set upon the Court's calendar.

WARNINGCriminal cases

Applies to

Default judgment request

Documents supporting a default-judgment request generally belong in the chronological case summary when the request is filed, but may be filed earlier or with the Affidavit for Judgment by Default.

The following documents or information shall generally be a part of the chronological case summary at the time that a request for default judgment is filed. The documents or information may be filed prior to the request for default judgment, or as part of the Affidavit for Judgment by Default:

WARNINGCriminal cases

Applies to

Contact information update

A client without another attorney has an ongoing duty to inform the Court of changes to the listed contact information.

If no other attorney represents you, according to Indiana Trial Rule 3.1, you have an ongoing duty to inform the Court of your change in the contact information, such as your name, address, telephone number, fax number, and email address.

WARNINGCriminal cases

Applies to

Search warrant record

The Court must retain the original and a copy of the affidavit and a copy of the warrant, and timestamp them all.

The Court shall retain the original and a copy of the affidavit and a copy of the warrant. They shall all be timestamped.

WARNINGCriminal cases

Applies to

Return of service

The Return of Service form calls for the proof-of-service or non-service document to be attached as Exhibit A.

Attached as "Exhibit A" is the: [proof of service/non-service] document.

WARNINGCriminal cases

Applies to

Default judgment request

For a claim seeking attorney fees, generally file an attorney-fee affidavit with documentation or legal authority supporting the award.

If the claim includes attorney fees, an attorney fee affidavit shall be filed along with documentation or legal authority (statute or case law) to support an award of attorney fees.

WARNINGCriminal cases

Applies to

Default judgment request

For a claim including prejudgment interest, generally provide a written calculation stating the period and rate, with supporting documentation if the rate exceeds the statutory rate.

If the claim includes prejudgment interest, a written calculation of the amount of interest. The calculation shall include the time period and interest rate. If the interest rate is higher than the statutory rate for prejudgment interest, documentation shall be included that supports the use of a higher interest rate.

WARNINGCriminal cases

Applies to

Default judgment request

The general default-judgment materials generally include an Affidavit of Non-Military Service with the Department of Defense status report.

Affidavit of Non-Military Service including the Servicemembers Civil Relief Act Status Report from the Department of Defense.

WARNINGCriminal cases

Applies to

Default judgment request

The general default-judgment materials generally include proof of service of the Notice of Claim or Notice of Counterclaim in compliance with LR02-TR4-205.

Proof of service of the Notice of Claim or Notice of Counterclaim in compliance with LR02-TR4-205.

INFOCriminal cases

Applies to

Proposed order

When appropriate, a proposed order on a summary-judgment motion may include the specified language directing entry of final judgment as to fewer than all issues, claims, or parties.

Proposed orders on motions for summary judgment, when appropriate, may contain the following language permitted in T.R. 56 (C): “there is no just reason for delay and the Court expressly directs entry of final judgment as to less than all the issues, claims or parties.”

CRITICALCriminal cases

Applies to

Motion

Applications for court orders must be made by motion; motions outside trial or hearing must be written, state their grounds and requested relief, and include a supporting memorandum of law, while an affidavit is optional.

An application to the court for an order shall be by motion. A motion other than one made during the trial or hearing shall be in writing. It shall state the grounds upon which it is made and set forth the relief or order sought. It may be supported by affidavit. It shall be accompanied by a memorandum of law in support thereof.

CRITICALCriminal cases

The continuance request is presented as a verified motion containing an affirmation under penalties for perjury.

VERIFIED MOTION TO CONTINUE COURT CONFERENCE/ HEARING/TRIAL In support, I swear and affirm, subject to the penalties for perjury, that the following representations are true: