Allen County Courts, Indiana Filing Timing and Cure Windows

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

WARNINGCriminal cases

A motion to strike is typically set for hearing, but it does not extend the time to answer undisputed interrogatories.

The motion shall typically be set for hearing and does not serve to extend the time for answering interrogatories which are not in dispute.

WARNINGCriminal cases

After striking a listed or related defective filing, the Court may allow a cure within 72 hours; a cured document submitted within 72 hours of the striking order, excluding days the Court is closed, is timely as of its original filing.

If the Court strikes, as a defective filing, a party’s Motion, Designation of Evidence and Table of Contents, Memorandum, or other filing related to this Local Rule, the Court may allow the party to cure the defective e- filing within seventy-two (72) hours. If the party submits a cured document within seventy-two (72) hours of the striking Order, excluding days the Court is closed, the document is timely filed as of its original filing.

WARNINGCriminal cases

The opposing party is not required to respond to a motion for leave to serve belated discovery unless and until the Court grants it.

However, the opposing party need not respond to the motion until the Court grants the motion.

INFOCriminal cases

The court encourages early motion filing so motions can be decided before the day of trial.

The Court encourages the early filing of motions so that they can be ruled upon prior to the day of trial.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to

Motion for rule to show cause

A motion for rule to show cause must be filed within 30 days of the party’s failure to appear.

The Motion for Rule to Show Cause must be filed within thirty (30) days of the party’s failure to appear for the proceedings supplemental or other hearing.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to

Motion to strike

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

72 hours

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to

Motion to strike

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

7 calendar days

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to

Discovery disclosure

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.

CRITICALCriminal cases

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:

CRITICALCriminal cases

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.

CRITICALCriminal cases

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

CRITICALCriminal cases

Deadline

14 calendar days

Applies to

Reply memorandum

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.

CRITICALCriminal cases

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:

CRITICALCriminal cases

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.

CRITICALCriminal cases

Proceedings supplemental generally may not remain pending more than six months from filing and pending proceedings are dismissed at the end of that period.

Except by order of the Court, no proceedings supplemental may pend for more than six (6) months from the date of its filing. At the end of the six (6) month period, any pending proceedings supplemental shall be dismissed.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to

Request for body attachment

A request for body attachment must be filed within 30 days after the scheduled contempt hearing.

A request for body attachment is filed within thirty (30) days after the scheduled contempt hearing.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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:

CRITICALCriminal cases

Applies to

Jury instruction requests

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.

CRITICALCriminal cases

The response period for a discovery request begins only when the Court approves the request, in whole or in part.

The time period for responding to the discovery request shall not commence until such time as the Court approves the discovery request, in whole or in part.

CRITICALCriminal cases

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;

WARNINGCriminal cases

The plaintiff may dismiss the case before the defendant files a counterclaim, answer, motion for summary judgment, or other dispositive motion.

A case may be dismissed by the plaintiff at any time prior to the filing of a counterclaim, answer, motion for summary judgment, or other dispositive motion by the defendant.

WARNINGCriminal cases

The Court may schedule a hearing on a verified objection to release of judgment filed by a judgment creditor, if the verified objection is filed within the (thirty) 30 day time period as set out in Ind. Small Claims Rule 11(D).

The Court may schedule a hearing on a verified objection to release of judgment filed by a judgment creditor, if the verified objection is filed within the (thirty) 30 day time period as set out in Ind. Small Claims Rule 11(D).

WARNINGCriminal cases

Deadline

48 hours

Motions, memoranda, or other documents filed within 48 actual hours of a hearing on its subject matter may be stricken at the Court’s discretion.

Any motions, memoranda, or other documents filed within forty-eight (48) actual (not Court business) hours of a hearing generally pertaining to the subject matter of the hearing may be stricken in the discretion of the Court.

WARNINGCriminal cases

Claims for payment should be submitted on the day services are rendered unless other arrangements are made with the court.

Claims for payment should be submitted on the day services are rendered unless other arrangements are made with the court.

CRITICALCriminal cases

Collected fees must be transferred within 30 days for deposit in the designated Allen County User Fee Fund.

The fees must be transferred within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the designated Allen County User Fee Fund under I.C. 33-37-8.