Blackford County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
- 1 copy
Pleading, Motion, Brief, Other Paper
- After Filing
Adjournments
- Alternate jury-trial cases must proceed to trial if the priority case does not, unless they have been continued on a party’s or the Court’s motion by the Final Formal Pretrial.
- An extension of time to file briefs may be granted only by court order.
- Cut-off dates may be extended only by order of the Court.
- +6 more
Request must include
- A continuance motion generally must be filed at least five days before a court trial or hearing, unless good cause is shown.
- A continuance motion generally must be filed at least ten days before a jury trial.
Document Format Requirements11 rules
Filed papers must meet the stated letter-size, flat-filing, fastening, and typewritten double-spacing requirements, with oversized originals reduced where possible.
- Line spacing
- Double
- Paper size
- Letter
- Paper
- Pleading
Formatting
- •Papers presented for filing must be flat and unfolded
- •Pleadings must be typewritten on unlined paper
Court's wording
Files of the clerk shall be kept under the system commonly known as “flat filing,” and all papers presented to the court for filing shall be 8 ½ by 11, flat and unfolded. Original, oversized documents may be filed as part of a pleading, but shall be reduced to 8 ½ x 11 where possible. Type written pages shall have no covers or backs and shall be fastened at the top, but at no other place. All pleadings shall be typewritten on unlined paper, with double spacing between lines and paragraphs.
In all cases where counsel has requested findings of fact and conclusions of law under Trial Rule 52, counsel shall be required to submit proposed findings and conclusions both in written form and on disc or e-mail formatted for the particular Court’s system.
The Courts require proposed Jury Instructions to be submitted on disc or e-mail formatted for the particular Court’s system.
Proposed preliminary and final instructions, special or pattern, in civil cases and in criminal, shall be submitted on 8 ½ x 11 paper, double spaced, with legal authority and indication for the court’s disposition placed on the bottom of the instruction.
- Paper size
- Letter
These instructions shall also be presented to the court on computer disk or by e-mail, and formatted in a manner consistent with the court’s equipment.
Challenges shall be made at the bench outside the hearing of the prospective jurors and shall be made by use of slips of paper of uniform size or as otherwise directed by the court.
Counsel filing pleadings by mail, or otherwise, and who request the return of file marked copies, shall furnish the clerk with self-addressed envelopes with sufficient postage attached for such return.
Counsel wishing the same to be mailed to them should furnish to the Bailiff an envelope, with sufficient postage, for such purpose.
However, all exhibits should be pre-marked prior to any foundational testimony or comments prior to their offer into evidence, and where feasible, all documentary evidence should be three hole punched, and in sufficient quantities to remain in each juror’s trial notebook.
Exhibits need not be pre-marked at or before the final pre-trial conference. However, all exhibits should be pre-marked prior to any foundational testimony or comments prior to their offer into evidence, and where feasible, all documentary evidence should be three-hole punched, and in sufficient quantities to remain in each juror’s trial notebook.
Exhibits need not be pre-marked at or before the final pre-trial conference.
Document Filing Requirements50 rules
Counsel or a party requesting an incarcerated person’s attendance must prepare a transport order directed to the Sheriff of Blackford County that states the transport’s date, time, and purpose and identifies the court requiring the person’s attendance.
Court's wording
In any civil or criminal case wherein the participation or testimony of an incarcerated litigant or party is necessary, it shall be the responsibility of the counsel or party requesting the attendance of the incarcerated person to prepare an order of transport for consideration by the Court. The order of transport shall be directed to the Sheriff of Blackford County and shall specifically set forth the date, time and purpose of the transport of the incarcerated person, and specifically designate the court wherein the incarcerated person’s attendance is required.
The agreement shall be in writing, and the parties shall file the written agreement in this court under the above cause number.
The agreement shall be in writing, and the parties shall file the written agreement with this court under the above cause number.
When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.
The petition shall contain the client’s complete mailing address and telephone number and shall list the client on the certificate of service.
- Document
- Petition to withdraw
- Placement
- Certificate section
Must include
- •Certificate of service
Failure to comply with the provisions of this rule shall subject such motions and responses to summary ruling.
At the time of filing a petition to withdraw, counsel shall tender to the Court an order granting the petition and ordering the relief sought.
Counsel desiring to withdraw an appearance in any pending action shall file a petition requesting leave of Court to do so.
Absent good cause shown, permission to withdraw shall be given only if the petitioning attorney has given ten (10) days written notice of the intent to withdraw before any scheduled trial or hearing.
All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief or memorandum.
When a motion requires notice of hearing, a Notice of Hearing form shall be provided. The time and date of hearing shall be inserted and previously coordinated with Court staff and any counsel of record, and the time anticipated as necessary to present evidence/argument shall be stated.
Motions for Summary Judgment shall be accompanied by a brief.
When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.
Briefs in support of and in opposition to Motions to Dismiss or for Summary Judgment shall make specific reference to materials relied upon to support or oppose the Motion.
The original documents must include a certificate that copies were forwarded to the Senior/Special Judge.
- Document
- Pleading motion brief or other paper
Must include
- •Certificate of forwarding same
Court's wording
Once a Senior/Special Judge has qualified, parties shall mail or deliver to the Senior/Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
In the event an agreement to use depositions in such manner is reached, pursuant to T.R. 32(A)(3)(f), such agreement shall be noted within the context of the deposition.
(D) All motions for continuance shall be accompanied by a separate proposed order.
- Document
- Motion for continuance
Must include
- •Proposed order
The parties may pretrial any case prior to the scheduled omnibus/pretrial date, providing a written report to the Court is filed on or before the scheduled omnibus/pretrial date.
In dissolution and paternity actions, the parties must file a child support worksheet to accompany any Agreed Order involving support, including their Decree of Dissolution of Marriage and Decree of Paternity.
Each proposed jury instruction must include legal authority and an indication for the court’s disposition at the bottom of the instruction.
Court's wording
Proposed preliminary and final instructions, special or pattern, in civil cases and in criminal, shall be submitted on 8 ½ x 11 paper, double spaced, with legal authority and indication for the court’s disposition placed on the bottom of the instruction.
An approved financial declaration for use by all divorcing parties is attached to these rules, and must be exchanged by the parties at least five (5) business days before the final, contested hearing.
Also, if applicable, a child support worksheet shall be filed by each party.
At contested final or provisional hearings, parties or their counsel are directed to prepare and submit a list of assets, list of debts, and proposed distribution of assets and debts indicating those items which are in dispute along with any other supporting documents or exhibits.
and a calculation of any child support arrearage pursuant to a provisional order must be included in the divorce decree or further claim shall be waived.
The written decree must state that the non-custodial parent is responsible for the annual child support docket fee.
Sufficient copies of the decree for all counsel and parties if unrepresented must be tendered.
The decree must also provide for the payment of medical bills not paid for by insurance, pursuant to the child support rules.
A child support worksheet must be attached to all decrees,
In all settlement agreements in which parenting time is established, the parties shall certify in such agreement that they have received a copy of the Indiana Parenting Time Guidelines and have read and understand the same.
The party directed by the court must prepare the post-hearing decree and submit it to the opposing party or counsel for approval or proposed changes.
Court's wording
A decree prepared following a hearing at the direction of the court shall be prepared by the party directed by the Court and submitted to the opposing party or counsel who shall have three (3) business days to approve the form of order or to propose changes.
When supplying the information called for, give the actual or, where the nature of the assets requires, the appraised or estimated value (including which) of each asset at the date of the final separation of the parties.
Indicate how much of a value of each asset held in joint ownership was contributed by the husband (h) and how much by the wife (w).
The parties shall state under oath that they have made full disclosure of assets and liabilities.
If any asset is located outside the jurisdiction of this Court, state where it is located and, if necessary, give details on a separate sheet.
The parties shall stipulate in writing those assets and liabilities and other matters as to which there is no disagreement.
You are required by the Trial Court to attach the following: 1. Your three most recent paycheck stubs. 2. A full and complete copy including schedules of your last Federal Income Tax Return. 3. The first page of your last State Income Tax Return.
The financial disclosure statement must be supplemented or amended before trial if the filer learns its information is incorrect or no longer true.
Court's wording
Further, I understand that I am under a duty to supplement or amend this VERIFIED FINANCIAL DISCLOSURE STATEMENT prior to trial if I learn that the information which has been provided is either incorrect or that the information provided is no longer true.
Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court. This worksheet is required in all proceedings establishing or modifying child support.
Questions about witness qualifications, privilege, or evidence admissibility, including motions in limine, must be submitted in writing for resolution at the final formal pre-trial.
Court's wording
Pursuant to Rule 104(a) of the Indiana Rules of Evidence, all questions concerning the qualifications of a person to be a witness, the existence of a privilege, or the admissibility of evidence (including motions in limine) shall be submitted to the Court in writing. The Court will then settle those questions at the final formal pre-trial.
Each party must submit the listed trial materials to the Court at the final pre-trial conference.
Court's wording
At the final pre-trial conference, each party shall submit to the Court the following: Copies of all exhibits that will be introduced at trial. Any motions in limine intended to be filed prior to trial. Preliminary instructions that will be filed with the Court, as well as anticipated final instructions. Statements pursuant to Indiana Jury Rule 14 (mini opening statements) in writing. Non-written statements will not be permitted. Written statements shall not exceed two (2) minutes in length. All such lists, exhibits, copies, statements and instructions shall be submitted to the Court at the Final Pre-Trial Conference.
Statements pursuant to Indiana Jury Rule 14 (mini opening statements) in writing. Non-written statements will not be permitted. Written statements shall not exceed two (2) minutes in length.
Wherever feasible, copies of said materials should be attached to the respective briefs of the parties.
When a requested item is inappropriate for the case, provide only case-appropriate information and identify the inquiries that do not apply.
Court's wording
The Court recognizes that this form calls for information that may not be appropriate in every case. In those cases in which it is not appropriate, merely supply information appropriate to the case at hand and indicate those inquiries that are not applicable.
The disclosure should be supplemented as needed, using additional referenced sheets when necessary.
Court's wording
It is intended also to facilitate a full disclosure of all assets of the parties and should be supplemented where necessary to accomplish that purpose. If needed, use additional sheets and attach with appropriate references.
FAILURE TO COMPLY WILL RESULT IN YOUR ADMITTING ALL INFORMATION CONTAINED IN THE OPPOSING PARTY’S VERIFIED FIANCIAL DISCLOSURE STATEMENT.
The financial disclosure statement directs the filer to list other income sources, including but not limited to the examples provided.
Court's wording
List other sources of income; including but not limited to Dividends, Earned Interest, Rents, Public Assistance (AFDC), Social Security, Worker’s Compensation, Child Support from prior marriage, Military or Other Retirement, Unemployment Compensation, etc.
[Attach additional pages if necessary]
Include
- •Attach additional pages if necessary
(Including but not limited to Mortgages, Charge Cards, Loans, Credit Union, Etc.; attach separate list if necessary)
Include
- •Attach separate list if necessary
In the absence of such a response, the party preparing the order may forward the order to the court for signature.
It is for use in all dissolution cases in which distribution of property is an issue.
Filing & Service rules
Electronic Filing Rules
Attorneys must submit tendered instructions both in paper form and by email to the address for the applicable court.
The Court orders that the attorneys submit all tendered instructions to the Court in paper form and by e-mail with Circuit Court at cclark@blackfordcounty.com or Superior Court at mclester@blackfordcounty.com.
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Attorneys must submit all tendered instructions to the Court both in paper form and by email to the appropriate court address.
The Court orders that the attorneys submit all tendered instructions to the Court in paper form and by e-mail with Circuit Court at cclark@blackfordcounty.com or Superior Court at mclester@blacvkfordcounty.com.
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Papers may be filed with the court by fax transmission.
All papers may be filed by fax transmission, and the court may issue orders by fax transmission.
Page 15 | LR05-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Filing Timing and Cure Windows
The parties must agree to an eligible special judge within seven days after the order is noted in the Chronological Case Summary.
The parties shall have Seven (7) days from the date this Order is noted in the Chronological Case Summary to agree to an eligible special judge, as defined in Trial Rule 79(J).
Page 12 | ORDER ON DISQUALIFICATION
A person filing by fax must ensure the court receives the paper and records the filing in the case chronological summary.
It is the responsibility of the person filing by fax transmission to insure the court receives the transmitted paper and records the filing in the case chronological summary.
Page 15 | LR05-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Proposed preliminary and final jury instructions must be submitted to the Court by the time of the final pre-trial conference.
All proposed preliminary and final instructions to be tendered by the parties shall be submitted to the Court not later than the time set for the final pre-trial conference.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
Trial briefs and preliminary trial motions must be filed at least 5 days before trial.
All trial briefs or preliminary trial motions shall be filed at least 5 days prior to trial.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
A written report for an early pretrial must be filed on or before the scheduled omnibus/pretrial date.
The parties may pretrial any case prior to the scheduled omnibus/pretrial date, providing a written report to the Court is filed on or before the scheduled omnibus/pretrial date.
Page 19 | CRIMINAL PRE-TRIAL CONFERENCES
The opposing party or counsel has three business days after submission to approve the form of the order or propose changes.
A decree prepared following a hearing at the direction of the court shall be prepared by the party directed by the Court and submitted to the opposing party or counsel who shall have three (3) business days to approve the form of order or to propose changes.
Page 23 | Family Law
The recipient has 45 days from filing of the dissolution action to deliver a financial disclosure statement; failure to prepare and send it may result in the statements in the other party’s statement being deemed admitted.
NOTICE: THIS VERIFIED FINANCIAL DISCLOSURE STATEMENT IS TO BE TREATED AS A REQUEST FOR ADMISSIONS TO THE RECIPIENT. SHOULD THE RECIPIENT FAIL TO PREPARE AND SEND HIS STATEMENT, THEN THE STATEMENTS CONTAINED HEREIN WILL BE DEEMED ADMITTED BY THE COURT. YOU ARE FURTHER NOTIFIED THAT YOU HAVE 45 DAYS FROM THE DATE OF FILING OF THIS DISSOLUTION ACTION TO DELIVER YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT.
Page 33 | NOTICE
The listed materials must be submitted to the Court at the Final Pre-Trial Conference.
All such lists, exhibits, copies, motions and instructions shall be submitted to the Court at the Final Pre-Trial Conference.
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The jury venire must be issued 10 days before trial unless the matter is continued for good cause or by party agreement; the bailiff issues it automatically.
The jury venire shall be issued ten (10) days prior to the scheduled trial date, unless the matter is continued upon good cause shown, or by agreement of the parties. The issuance of the jury venire shall occur automatically by the Circuit/Superior Court Bailiff.
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Dispositive motions must be filed by the date specified in the completed order, and any necessary hearings will be scheduled upon filing.
That all dispositive motions shall be filed on or before the ____ day of ___________, 201__, and any necessary hearings thereon will be scheduled upon the filing of such motions.
Page 38 | EXHIBIT D — PRE-TRIAL JURY ORDER (CIVIL)
The jury venire is to be issued ten days before trial, unless the matter is continued for good cause or by party agreement; the Bailiff issues it automatically.
The jury venire shall be issued ten (10) days prior to the scheduled trial date, unless the matter is continued upon good cause shown, or by agreement of the parties. The issuance of the jury venire shall occur automatically by the Circuit/Superior Court Bailiff.
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Fax filings are treated as mailed for computing time under the Indiana Trial Rules and are file-stamped with the fax date.
Such fax transmissions shall be considered as mailed for purposes of computed time under the Indiana Trial Rules, and file stamped the date of the fax.
Page 15 | LR05-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Service and Proof of Service Rules
In jury cases, the offering party must prepare a copy for each juror before trial and make the copies available for opposing counsel to inspect before trial.
Unless otherwise ordered by the Court, in all jury cases, all exhibits to be offered into evidence and to be read by the Jury shall be duplicated by the party offering the same so that each juror shall have a copy to read at the time the same is offered and admitted into evidence. Such copies shall be made prior to trial and counsel shall have the same available for opposing counsel to inspect prior to trial.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
Exhibits must be exchanged and a copy provided to the Court; counsel must stipulate to admissibility and advise the Court of stipulated exhibits before trial.
All exhibits shall be exchanged, with a copy to the Court, and counsel shall stipulate as to the admissibility of any such exhibits prior to trial and advise the Court as to such stipulated exhibits prior to trial.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
The transcript must be presented to the nonmoving party for review and correction, if needed, within a reasonable time after transcription.
Within a reasonable time following transcription, the transcript shall be presented to the non moving party for review and correction, if needed.
Page 20 | SWORN STATEMENTS IN CRIMINAL CASES
Copies of all materials must be made available to the Defendant and the State before any hearing or trial.
Copies of all materials shall then be available to the Defendant and the State prior to any hearing or trial.
Page 20 | SWORN STATEMENTS IN CRIMINAL CASES
The parties must exchange the financial declaration at least five business days before the final contested hearing.
An approved financial declaration for use by all divorcing parties is attached to these rules, and must be exchanged by the parties at least five (5) business days before the final, contested hearing.
Page 22 | LR05-FL00-501 FAMILY COURT RULES
After a matter is resolved with no issues pending, pleadings in later proceedings must be served on the opposing party, not former counsel, until counsel files a notice of continued appearance.
In all divorce, custody, support and paternity cases, once a pending matter has been resolved with no other issues pending service of pleadings in subsequent proceedings must be made pursuant to Trial Rule 5 upon the opposing party, not on the party’s former legal counsel, until council files notice of continued appearance.
Page 23 | LR05-FL00-502 DELETION OF ATTORNEYS FROM DOCKET
The verified financial disclosure statement must be provided to the opposing party at least five business days before the final hearing.
YOU ARE HEREBY NOTIFIED THAT YOU MUST FILE YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE FINAL HEARING.
Page 24 | Exhibit A — Financial Disclosure Form Notice
The parties must exchange preliminary witness and exhibit lists by the date specified in the completed order.
That the parties shall exchange their preliminary list of witnesses and exhibits not later than the _____ day of _______________, 201__.
Page 38 | EXHIBIT D — PRE-TRIAL JURY ORDER (CIVIL)
The parties must exchange final witness and exhibit lists by the date specified in the completed order.
That the parties shall exchange their final list of witnesses/exhibits not later than the ____ day of ____________, 201__.
Page 38 | EXHIBIT D — PRE-TRIAL JURY ORDER (CIVIL)
The court will not return copies of faxed filings to the filer or send them to other parties.
No copies of faxed filings will be returned to person filing by fax or sent to other parties by the court.
Page 15 | LR05-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
The certificate states that the financial disclosure statement was delivered to the opposing party or counsel in person, by prepaid H.S. Mail, or by Courthouse Mailbox.
I hereby certify that a true and accurate copy of the foregoing Verified Financial Disclosure Statement was this _____ day of _____________,_____, delivered to the opposing party or their attorney of record [list names and address] either in person, or by H.S. Mail-postage prepaid, or by Courthouse Mailbox.
Page 33 | CERTIFICATE OF SERVICE
An electronic return receipt process for certified mail under USPS Postal Bulletin 22137 is designated as satisfying the Trial Rules’ service requirements.
The Blackford County Clerk shall be authorized to utilize a process for return of certified mail through an electronic version in accordance with USPS Postal Bulletin 22137 as an electronic return receipt. The Courts hereby designate this means of service as meeting the requirements of the Trial Rules governing service.
Page 14 | LR05-TR4.15-103 ELECTRONIC RETURN RECEIPT
The parties are not required to exchange trial briefs.
Trial briefs need not be exchanged between the parties.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
Filing Fees and Waivers
An expedited transcript prepared within three days costs $6.25 per page.
If the Court Reporter is requested to prepare an “expedited” transcript (preparation within three (3) days) the Court Reporter shall charge a per page fee of six dollars and twenty-five cents ($6.25).
Page 6 | SECTION TWO: Salaries, Per Page Fees and Private Practice
The Court Reporter must charge $4.25 per page for county indigent, state indigent, and private practice transcripts.
The Court Reporter shall charge a per page fee of four dollars and twenty-five cents ($4.25) for indigent county transcripts, state indigent transcripts, and private practice transcripts.
Page 6 | SECTION TWO: Salaries, Per Page Fees and Private Practice
The Court Reporter may require advance payment of the transcript’s estimated cost.
The Court Reporter may require advance payment for the estimated cost of a transcript.
Page 6 | SECTION TWO: Salaries, Per Page Fees and Private Practice
Transcripts shorter than ten pages are subject to a minimum $45 fee.
A minimum fee of forty-five dollars ($45.00) will be charged for transcripts less than ten (10) pages in length.
Page 6 | SECTION TWO: Salaries, Per Page Fees and Private Practice
A rush or overnight transcript prepared within 24 hours costs $7.25 per page.
If the Court Reporter is requested to prepare a “rush/overnight” transcript (preparation within twenty-four (24) hours or less) the Court Reporter shall charge a per page fee of seven dollars and twenty-five cents ($7.25).
Page 6 | SECTION TWO: Salaries, Per Page Fees and Private Practice
An additional labor charge approximating the hourly rate based upon the Court Reporter’s hourly rate as reflected in the Court budget, may be charged for the time spent binding the transcript and exhibit binders. The labor charge shall not exceed three (3) hours, unless unusual circumstances permit the submission of a recapitulation enumerating the hours spent beyond the two hour base.
An additional labor charge approximating the hourly rate based upon the Court Reporter’s hourly rate as reflected in the Court budget, may be charged for the time spent binding the transcript and exhibit binders. The labor charge shall not exceed three (3) hours, unless unusual circumstances permit the submission of a recapitulation enumerating the hours spent beyond the two hour base.
Page 6 | SECTION TWO: Salaries, Per Page Fees and Private Practice
Defense counsel may include necessary transcription costs in a pauper fee claim, capped at $20.00.
Defense counsel may submit a claim for any necessary transcription, as part of the pauper fee claim, in an amount not to exceed $20.00.
Page 20 | SWORN STATEMENTS IN CRIMINAL CASES
Hard copies of the Local Rules are available from the Clerk for a $10 fee, or the rules may be found online.
All legal counsel and unrepresented parties are subject to the Blackford Circuit and Superior Local Rules of Court, in addition to any other rule set forth in this order. Hard copies of the Local Rules may be obtained from the Clerk of the Court for a fee of $10.00 dollars or found at www.in.gov/judiciary/blackford.
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Courtesy Copy Requirements
After a Senior/Special Judge qualifies, parties must send that judge copies of later-filed papers.
Once a Senior/Special Judge has qualified, parties shall mail or deliver to the Senior/Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
Page 15 | LR05-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
A copy of the exchanged exhibits must be provided to the Court.
All exhibits shall be exchanged, with a copy to the Court, and counsel shall stipulate as to the admissibility of any such exhibits prior to trial and advise the Court as to such stipulated exhibits prior to trial.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
Pre-Motion Conference Requirements
An adverse party has 30 days after service of the movant’s brief to file an answer brief and any opposing affidavits.
An adverse party shall have thirty (30) days after service of the movant’s brief to file an Answer brief and any opposing affidavits.
Page 14 | LR05-TR7-104 MOTIONS (C) TRIAL RULE 56 MOTIONS
An adverse party has 15 days after service of the movant’s brief to file an answer brief; untimely briefing subjects the Trial Rule 12 motion to summary ruling.
An adverse party shall have 15 days after service of the movant’s brief to file an answer brief. Failure to timely file briefs shall subject all motions filed pursuant to T.R. 12 to summary ruling.
Page 14 | LR05-TR7-104 MOTIONS (B) TRIAL RULE 12 MOTIONS
Adjournment & Extension Requirements
Alternate jury-trial cases must proceed to trial if the priority case does not, unless they have been continued on a party’s or the Court’s motion by the Final Formal Pretrial.
(C) When cases are scheduled as alternates for jury trials and they have not been continued on the motion of a party or by the Court at or prior to the Final Formal Pretrial, these alternate cases shall proceed to trial if the priority case does not.
Page 4 | LR05-AR00-3 SCHEDULING OF HEARINGS AND TRIALS
An extension of time to file briefs may be granted only by court order.
Extensions of time for filing briefs shall be granted only by order of the Court.
Page 14 | LR05-TR7-104 MOTIONS (C) TRIAL RULE 56 MOTIONS
Cut-off dates may be extended only by order of the Court.
Extensions of cut-off dates shall not be altered except by order of the Court.
Page 16 | LR05-TR16-107 CIVIL PRE-TRIAL CONFERENCES
A continuance motion generally must be filed at least five days before a court trial or hearing, unless good cause is shown.
Unless good cause is shown, no motions for continuance will be considered unless filed at least five (5) days before a court trial or hearing,
Page 17 | LR05-TR53.5-115 CONTINUANCES
A continuance motion generally must be filed at least ten days before a jury trial.
and at least ten (10) days before a Jury Trial.
Page 17 | LR05-TR53.5-115 CONTINUANCES
A continuance motion must be in writing and state the opposing party’s position, the scheduled hearing or trial date and time, timing and duration estimates, and—unless the Court will hold a hearing—available proposed rescheduling dates and times.
(A) Motions for continuances shall be in writing and include the following information: a. Whether opposing counsel or pro se litigant agrees with, or objects to the continuance and requests a hearing, or objects and waives hearing. b. The date and time of the hearing or trial for which a continuance is being sought. c. The approximate amount of time needed to elapse before the matter can be heard. d. A good-faith estimate of the time needed for such hearing or trial when rescheduled. e. Unless Court will hold a hearing on the Motion for Continuance, the motion shall contain a proposed dates and times for rescheduling where all parties are available and the Court has available calendar space.
Page 17 | LR05-TR53.5-115 CONTINUANCES
The movant must promptly schedule a hearing on a contested continuance motion, and counsel must have direct or electronic access to their calendars.
(B) Hearings on contested Motions for Continuance shall be promptly scheduled by the movant and counsel shall have access to their calendars directly or electronically.
Page 17 | LR05-TR53.5-115 CONTINUANCES
The listed circumstances do not necessarily establish good cause for a continuance.
The following factors do not necessarily establish good cause for a continuance: a. Convenience to or a stipulation between the parties; b. Failure to expeditiously prepare for trial; c. Failure of client to adhere to financial agreement with an attorney; d. Settlement negotiations not yet completed, including the need to communicate an offer to a client appearing through counsel; e. Recent substitution of trial counsel; f. Subsequent scheduling of cases in other courts.
Page 17 | LR05-TR53.5-115 CONTINUANCES
If the worksheet is not provided, the Court may, in its discretion, continue the Final Hearing or withhold entry of the Final Decree.
The Court may, in its discretion, continue the Final Hearing or withhold entering the Final Decree for failure to provide the worksheet.
Page 22 | LR05-FL00-501 FAMILY COURT RULES
The matter may be continued upon good cause shown or by agreement of the parties.
The jury venire shall be issued ten (10) days prior to the scheduled trial date, unless the matter is continued upon good cause shown, or by agreement of the parties.
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A continuance-motion hearing may be conducted by telephone conference, initiated by the moving party or counsel.
Hearing on Motion for Continuance may be by telephonic conference initiated by the party/counsel moving for the continuance.
Page 17 | LR05-TR53.5-115 CONTINUANCES
Chambers Communication Rules
When requesting that the Court set a hearing in a civil case, counsel must contact opposing counsel and the Court to arrange scheduling.
(D) When counsel requests the Court set a hearing in a civil case, counsel shall contact the opposing counsel and Court, and arrange for scheduling of any hearing.
Page 4 | LR05-AR00-3 SCHEDULING OF HEARINGS AND TRIALS
For a criminal hearing requiring the State’s presence, defense counsel must obtain the prosecuting attorney’s office’s approval of the proposed date and time before asking the Court to set the hearing.
(E) When defense counsel requests scheduling of a hearing in a criminal case requiring the presence of the State, the proposed hearing date and time shall be approved by the prosecuting attorney’s office prior to requesting the Court set the hearing.
Page 4 | LR05-AR00-3 SCHEDULING OF HEARINGS AND TRIALS
The hearing date and time must be coordinated in advance with court staff and counsel of record.
The time and date of hearing shall be inserted and previously coordinated with Court staff and any counsel of record, and the time anticipated as necessary to present evidence/argument shall be stated.
Page 14 | LR05-TR7-104 MOTIONS (A) NOTICE
Defendants receiving appointed counsel must report significant income or asset changes that may affect their indigent status to their attorney and the Court.
Defendants receiving court appointed counsel have a duty to report to their attorney and the Court significant changes in income or acquired assets which may affect their status as indigents.
Page 21 | APPOINTED COUNSEL INCOME REPORT AND TERMINATION
Appointed counsel must provide the Court an estimate of pauper counsel fees and expenses at sentencing.
Appointed counsel shall provide the Court at sentencing an estimate of pauper counsel fees and expenses.
Page 21 | APPOINTED COUNSEL INCOME REPORT AND TERMINATION
Counsel should contact the Court to determine the appropriate format.
Counsel should contact the Court to determine the appropriate format.
Page 17 | LR05-TR52-114 FINDINGS OF FACT AND CONCLUSIONS OF LAW