Allen County Courts, Indiana Pre-Motion Conference Requirements

CRITICALCriminal cases

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).

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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).

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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).

CRITICALCriminal cases

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).

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.