Brown County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Post Final Decree or Post Final Paternity Order Pleading
Adjournments
- A motion for continuance must be written and signed and comply with T.R. 53.5, unless made on the record during the hearing or otherwise specifically authorized by the court.
- A continuance motion based on a scheduling conflict must identify the court, case name and number, dates set in both cases, and type of conflicting proceeding.
- Before requesting a continuance, the moving party must confer with all other counsel and self-represented parties, then report objections and alternative available dates in the motion.
Request must include
Document Format Requirements4 rules
Proposed orders or decrees shall be submitted as a separate document from the corresponding agreement.
Any digital picture, movie, video, text, or recording, including, but not limited to, information contained on cellphones, must be submitted on a DVD, CD, USB drive, or printed such that the court can maintain the evidence.
Parties shall number the pages of any printed exhibit and shall identify each photo in a group of photos by numbering each photo.
The reporting shall be made on forms prescribed by the Division of the State Court Administration.
Document Filing Requirements55 rules
The withdrawal petition must attach the client notice, which must explain the consequences of not obtaining new counsel and identify applicable dates and deadlines, unless paragraph (B) is waived.
Court's wording
A copy of the written notice shall be attached to the petition to withdraw. The written notice to the client shall explain the possible effects of failure to secure new counsel and shall set forth any hearing or trial dates and any pleading, discovery or other pre-trial deadlines. C. Motions Filed Subsequent to the Appearance of Other Counsel: Motions to withdraw an appearance filed subsequent to the proper appearance of other counsel shall constitute a waiver of the requirements of paragraph (B) of this rule.
Counsel must request permission to withdraw by written motion and comply with Trial Rule 3.1(E), including the required certification.
Court's wording
A. Written Motion and Compliance with Trial Rule 3.1: Permission to withdraw an appearance by counsel shall be requested by written motion. Permission to withdraw shall be given only after the petitioning attorney has complied with the requirements of T.R. 3.1(E), including a certification of the last known address and telephone number of the party, subject to the confidentiality requirements of T.R. 3.1.
4. if a transcript of the deposition is produced by a party, the transcript shall be submitted to the witness for reading, signing and changes in a manner consistent with Indiana Trial Rule 30(E). The party producing the transcript shall make the transcript accessible to all parties, electronically or by paper copy.
Every motion, petition, or request for court action must include a proposed order with a complete distribution list and specified information about the matter and any requested hearing.
- Document
- Motion petition request for court action
Must include
- •Proposed order
Court's wording
B. Submission of Proposed Orders: All motions, petitions, and requests for action by the Court must be accompanied by a proposed order. Proposed orders shall include a complete distribution list including all parties, or if represented, their counsel, the Guardian Ad Litem if appointed in the case, and all other persons to whom the order should be distributed. All proposed orders shall identify the motion or petition to be ruled on, and, if a hearing is requested, a description of the specific hearing to be set and a statement of the anticipated length of the hearing.
If the court costs are initially waived, and the parties later waive a final hearing and submit a settlement agreement for the Court’s approval, the parties shall provide proof that the court costs have been paid with their agreement or submit further evidence that the payment of court costs should be completely waived.
Self-represented parties must include a certificate of service with each pleading, stating who received the document, the service method, and the date sent.
- Document
- Pleading
Must include
- •Certificate of service
Court's wording
Self-represented parties shall file appropriate pleadings to request court action and shall include with each pleading a “certificate of service” that states that the document was provided to the other party(ies) or to the attorney(s) for the other party(ies); the method of serving the document; and the date that it was sent.
Any party submitting a request for such a joint order shall provide the Court with a proposed order following the specific language of Trial Rule 65(E)(1).
A joint order issued under Trial Rule 65(E)(1) shall be entered against both parties and shall be limited to the terms of the order as specified in Trial Rule 65(E)(1).
Each party shall have a continuing duty to inform the Court of other cases involving the child or children until final resolution of the pending case.
Any party seeking an ex parte temporary restraining or protective order must comply with the requirements of Trial Rule 65(E) and I.C. 34-26-5-1 et seq.
A party in a dissolution or paternity case involving children must file notice of any other pending or closed court case involving those children.
Court's wording
Any party to a dissolution or paternity action involving a child or children, shall file a notice in that case advising the Court of any other case, whether pending or closed, in any court involving any child or children involved in the currently pending case.
In dissolution of marriage cases, the parents must complete the class prior to the final hearing and provide proof of completion to the court. Unless otherwise ordered, the court will not conduct a final hearing or grant the decree of dissolution of marriage until both parents provide proof that they have completed the class.
In paternity cases, the parents must complete the class prior to the final hearing regarding custody and parenting time. Unless otherwise ordered, the court will not enter a final order regarding custody and parenting time until both parents provide proof that they have completed the class.
In contested dissolution cases, parties must file and exchange a marital balance sheet at least 30 days before mediation or the final hearing, including specified asset, debt, and division information.
Court's wording
In all contested dissolution of marriage cases, each party shall file with the court and exchange a marital balance sheet at least 30 days before any mediation or final hearing. This balance sheet shall include a list of all assets, with corresponding values, and debts, with corresponding balances, as of the date of filing, as well as a proposed division of the marital estate.
Within 7 days after both parties file and exchange their balance sheets, each must file an amended balance sheet and proposed division addressing assets or debts omitted from its initial filing.
Court's wording
After both parties have filed and exchanged the marital balance sheet, each party shall, within 7 days thereafter, file an amended marital balance sheet and proposed division of the marital estate to address any asset(s) or debt(s) that appear on the other party’s balance sheet, but was not addressed on that party’s initial marital balance sheet.
All parties are under an obligation to update the marital balance sheet and proposed division of the marital estate until any mediation and/or final hearing.
An agreement shall not contain a signature line for the court, but the proposed order or decree submitted by the parties shall contain language incorporating and approving the agreement in the order or decree.
A completed child support worksheet must accompany any child support agreement, including an agreement that neither party will pay child support.
Court's wording
A completed child support worksheet as required by Guideline 3(B)1 of the Indiana Child Support Guidelines shall be submitted with any agreement regarding child support, including an agreement between the parties that no child support will be paid by either party.
Parties shall provide a completed child support worksheet for any hearing at which the determination or modification of child support is an issue and shall bring proof of income to the hearing.
Parties shall bring sufficient copies of exhibits to the hearing such that each party and the court shall receive a copy.
When an agreement deviates from the Indiana Child Support Guidelines, the parties shall include an explanation of the reason for the deviation in their agreement.
Agreements shall be signed by both parties and shall include a proposed order or decree.
- Document
- Agreement
Must include
- •Proposed order
Parties shall file the list of witnesses and exhibits with the court at least 7 days prior to any of the hearings specified in section “a.” Failure to include a witness or exhibit shall preclude the witness from testifying or the exhibit from being introduced, unless the court waives the requirement for good cause shown.
The Court will not schedule a final hearing in a dissolution of marriage case until one of the parties requests that a final hearing be scheduled.
Parties may waive a final hearing in dissolution of marriage cases, however, both parties must sign and submit a written waiver of final hearing and submit a settlement agreement with a proposed decree of dissolution of marriage, and a child support worksheet if there are minor children of the marriage.
A party requesting a final hearing must file a written request with a certificate of service stating whether issues are contested and the approximate hearing time.
- Document
- Final hearing request
Must include
- •Certificate of service
Court's wording
A party seeking to have a final hearing scheduled must file a written request for a final hearing, provide a copy to the opposing party, and include a certificate of service on the request. The request shall state whether there are contested issues and the approximate amount of time required for the hearing.
An attorney's representation in a family law case terminates only when the Court grants an order of withdrawal under the applicable local rule.
Court's wording
The representative capacity of attorneys appearing on behalf of any party in a family law case shall be deemed terminated only upon an order of withdrawal granted in accordance with the Local Rule of the Brown Circuit Court. (See LR07-TR3.1-02)
Counsel for initiating and responding parties shall be required to file a new appearance in any post final decree/final paternity order action.
A person posting a full cash or cash bond must execute an agreement addressing forfeiture and additional amounts owed if the person fails to appear.
Court's wording
If the person posts a full cash or cash bond, the person must execute an agreement that in the event of a failure to appear as scheduled, the person shall forfeit the deposit and must also pay additional amounts to satisfy the full amount of bail plus associated court costs, fees and expenses
A person posting a full cash or cash bond must execute an agreement authorizing use of the cash for specified costs and fees if convicted.
Court's wording
If the person posts a full cash or cash bond, the Defendant must execute an agreement authorizing the Court to use all or part of the cash posted to pay for fines, costs, restitution, and fees (including public defender fees, probation user fees, community corrections fees, etc.) if convicted.
Before release, the person must sign the specified no-contact order; a person who refuses may not be released without court authority.
Court's wording
The person shall sign the Order for No Contact as a Condition of Bond for Felony or Class A Offenses Involving Violence prior to release. Any person who refuses to sign the form shall not be released without authority of the Court.
The original shall be delivered to the Court with the Cash Bond and Official Notice or surety bond form.
A person who is arrested shall complete the Brown County Pretrial Services Intake Information Form. Any person who refuses to complete and sign the Brown County Pretrial Services Intake Information Form shall not be released without authority of the Court.
The pretrial services officer shall prepare and file a Pretrial Services Report.
Court reporters must report the specified transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.
Court's wording
J. Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration.
If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space and supplies, and the court agrees to the use of the court equipment for such a purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: a. The reasonable market rate for the use of the equipment, work space and supplies; b. The method by which records are to be kept for the use of equipment, work space and supplies; and c. The method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.
A party who intends to offer biologically contaminated evidence must file a pretrial notice and serve all parties.
A media request to broadcast must be written and use the Appendix A form.
Court's wording
A member of the news media may request permission to broadcast by submitting a written request at least 7 days in advance of the hearing or proceeding. The request shall be made using the form found in Appendix A.
Any request to waive this requirement must set forth in detail the reason(s) for said request.
A. It is the policy of the Court to require that a corporate surety bond in an amount to be determined by the Court be acquired and filed by the fiduciary in every estate, whether supervised or unsupervised, before letters are issued to that fiduciary.
A petition to open an estate must state the probable assets and their value, including personal property, estimated annual rents and profits, and known debt or tax liability.
Court's wording
To facilitate the Court’s determination of the amount of bond to be required in any estate, all petitions to open an estate shall set forth the probable assets of the estate and the value of such assets, including the value of all personal property plus the estimated annual rents and profits to be derived from the property in the estate and the amount of any known debt and/or tax liability.
If a final decree provides that real estate shall vest in heirs or beneficiaries of the estate, the final decree shall be recorded with the office of the Recorder in the county in which the real estate is located,
A petition to sell real estate in a supervised estate must include a recent written appraisal or market analysis, unless one was previously filed with the inventory.
Court's wording
The fiduciary shall file a written appraisal or market analysis by a qualified real estate professional with any petition for the sale of real estate in a supervised estate, unless such an appraisal or analysis was previously filed with an inventory. The appraisal or market analysis shall have been made within one (1) year of the date of the filing of the petition for sale.
Any deed submitted to the Court for approval in an estate proceeding must be first signed by the fiduciary before a notary public.
An intermediate account must comply with the cited statutes, explain why the estate cannot be closed and give an estimated closing date, and propose any nonprejudicial partial distribution.
Court's wording
Such accounting shall comply with the requirements of I.C. 29-1-16-4 and 29-1-16-6 and shall: 1. State facts showing why the estate cannot be closed and an estimated date of closing; and 2. Propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.
evidence of this recording shall be provided to the Court in a supplemental report.
Copies of all deeds submitted to the Court for approval in an estate proceeding shall be filed with the Court for its records.
A petition to appoint a guardian of a minor must include the minor’s current address, two-year residence and household history, known custody litigation, and known custody or parenting-time claims by nonparties.
Court's wording
Every petition for appointment of a guardian of a minor shall contain the following information: 1. The minor’s present address; 2. The places the minor has resided within the past two years and the names and present addresses of persons with whom the minor has lived during that period; 3. Whether, to the petitioner’s knowledge, any other litigation in pending concerning the custody of the minor in pending in this state or any other state; and 4. Whether, to the petitioner’s knowledge, any person not a party to the guardianship proceedings has physical or legal custody of the minor or claims to have legal or physical custody of the minor or has parenting time or visitation rights with respect to the minor; and
In all guardianship matters seeking to declare an adult incapacitated for any reason, the allegedly incapacitated person shall be present at the hearing or sufficient evidence shall be presented showing that the incapacitated person is unable to appear.
Any petition for fiduciary or attorney fees must include a detailed statement of the services performed, the amount of fee requested, and how the fee was calculated.
A petition for fees must be signed and approved in writing by the fiduciary.
At or after filing a domestic relations case, a party may request a preliminary hearing in writing on the listed temporary matters.
Court's wording
At or after the filing of a domestic relations case, any party may request in writing a preliminary hearing to address temporary maintenance, temporary support or custody of a child of the marriage, possession of property, counseling, and/or a protective order under IC 34-26-5.
An appearance containing this information, including cause number(s) and caption(s), pursuant to Indiana Trial Rule 3.1 fulfills this requirement.
A parent, who has already completed an online parenting class and provides proof of the same, shall not be required to repeat the class and will be exempted from complying with this rule.
Parties may request that the case be referred to the Family Court Project or to private mediation by filing a written request with the court.
Filing & Service rules
Electronic Filing Rules
Electronic filing and service under Indiana Trial Rule 86 are required, with an exemption granted upon a showing of good cause after judicial-officer review.
A. Service at Mail Slot in Offices of Circuit Court: Electronic filing and electronic service pursuant to Indiana Trial Rule 86 shall be utilized. Requests for exemption from this requirement shall be reviewed by a judicial officer and shall be granted upon a showing of good cause.
Page 3 | LR07-TR5-03 Service and Filing of Pleadings; Court Office Mailboxes; Submission of Proposed Orders
Filing Timing and Cure Windows
A party must file an updated balance sheet and proposed division as soon as practicable after making an update.
A party making such an update shall informally provide such information to the other party as quickly as feasible and shall file and exchange an updated balance sheet and proposed division as soon as practicable.
Page 9 | LR07-FL-18 Marital Balance Sheet and Proposed Division of Marital Estate
Each party in a contested dissolution case must file and exchange the marital balance sheet at least 30 days before mediation or the final hearing.
In all contested dissolution of marriage cases, each party shall file with the court and exchange a marital balance sheet at least 30 days before any mediation or final hearing.
Page 9 | LR07-FL-18 Marital Balance Sheet and Proposed Division of Marital Estate
Each party must file its amended marital balance sheet and proposed division within 7 days after both parties have filed and exchanged their initial balance sheets.
After both parties have filed and exchanged the marital balance sheet, each party shall, within 7 days thereafter, file an amended marital balance sheet and proposed division of the marital estate to address any asset(s) or debt(s) that appear on the other party’s balance sheet, but was not addressed on that party’s initial marital balance sheet.
Page 9 | LR07-FL-18 Marital Balance Sheet and Proposed Division of Marital Estate
Parties must file witness and exhibit lists at least 7 days before the specified hearings; omitted witnesses or exhibits are excluded unless the court waives the requirement for good cause.
Parties shall file the list of witnesses and exhibits with the court at least 7 days prior to any of the hearings specified in section “a.” Failure to include a witness or exhibit shall preclude the witness from testifying or the exhibit from being introduced, unless the court waives the requirement for good cause shown.
Page 10 | LR07-FL-19 Witness and Exhibit List Exchange, Exhibits
A broadcast request is due at least 7 days before the proceeding, but the Court may modify the request period.
A member of the news media may request permission to broadcast by submitting a written request at least 7 days in advance of the hearing or proceeding. The Court has discretion to modify the request period.
Page 25 | LR07-AR00-29.5 Prohibiting Broadcasting of Court Proceedings
The estate bond must be acquired and filed before letters are issued to the fiduciary.
A. It is the policy of the Court to require that a corporate surety bond in an amount to be determined by the Court be acquired and filed by the fiduciary in every estate, whether supervised or unsupervised, before letters are issued to that fiduciary.
Page 26 | LR07-PR00-31 Bond
If an estate remains open after one year, an intermediate account must be filed within 30 days after that year expires and every succeeding six months.
Whenever an estate cannot be closed within one (1) year, an intermediate account shall be filed with the Court within thirty (30) days after the expiration of one (1) year and each succeeding six (6) months thereafter.
Page 27 | LR07-PR00-33 Accountings
A defense attorney's appearance in a probation or community-corrections violation proceeding automatically terminates 35 days after the proceeding concludes, for appointed and privately employed counsel.
In probation and community corrections violations proceedings, a defense attorney’s appearance shall automatically be withdrawn 35 days after the conclusion of the violation proceedings. This applies to both court appointed and privately employed counsel.
Page 12 | LR07-CR2.1-24 Timely Motions to Withdraw and Automatic Termination of Defense Counsel Representation
Absent exceptional circumstances, an attorney should not expect permission to withdraw for a client's failure to meet fee obligations unless the motion is filed at least 90 days before a second or later trial setting.
In addition to the provisions of Indiana Code §35-36-8-2 and LR07-TR.3.1-02, absent exceptional circumstances, no attorney in a criminal case should expect permission to withdraw the attorney’s appearance based on his or her client’s failure to fulfill an obligation with respect to the attorney’s fee unless the motion to withdraw is filed at least 90 days prior to a second or subsequent trial setting.
Page 12 | LR07-CR2.1-24 Timely Motions to Withdraw and Automatic Termination of Defense Counsel Representation
A defense attorney's appearance in a criminal case automatically terminates 35 days after the pending action concludes by plea, verdict, or dismissal; this applies to appointed and privately employed counsel.
In all criminal cases, a defense attorney’s appearance in the case shall automatically be withdrawn 35 days after the conclusion of the pending action by plea, verdict, or dismissal. This applies to both court appointed and privately employed counsel.
Page 12 | LR07-CR2.1-24 Timely Motions to Withdraw and Automatic Termination of Defense Counsel Representation
Service and Proof of Service Rules
Electronic service under Indiana Trial Rule 86 is required unless a judicial officer grants an exemption upon a showing of good cause.
A. Service at Mail Slot in Offices of Circuit Court: Electronic filing and electronic service pursuant to Indiana Trial Rule 86 shall be utilized. Requests for exemption from this requirement shall be reviewed by a judicial officer and shall be granted upon a showing of good cause.
Page 3 | LR07-TR5-03 Service and Filing of Pleadings; Court Office Mailboxes; Submission of Proposed Orders
Before other counsel appears, the client must receive 10 days’ written notice by mail or, if the mailing address is unknown, by known email; the notice requirements are waived after other counsel properly appears.
B. Motions Filed Prior to the Appearance of Other Counsel: Permission to withdraw shall be given only after the petitioning attorney has given his/her client 10 days written notice of the intent to withdraw. Written notice shall be sent to the client’s last known mailing address. If the mailing address is unknown, the petitioning attorney shall provide written notice to the client’s last known e-mail address, if known. C. Motions Filed Subsequent to the Appearance of Other Counsel: Motions to withdraw an appearance filed subsequent to the proper appearance of other counsel shall constitute a waiver of the requirements of paragraph (B) of this rule.
Page 3 | LR07-TR3.1-02 Withdrawal of Appearance by Counsel
Each pleading filed by a self-represented party must be accompanied by proof stating that the document was provided to the other party or counsel, how it was served, and when it was sent.
Self-represented parties shall file appropriate pleadings to request court action and shall include with each pleading a “certificate of service” that states that the document was provided to the other party(ies) or to the attorney(s) for the other party(ies); the method of serving the document; and the date that it was sent.
Page 6 | LR07-FL-10 Self-Represented Litigants
A party seeking an emergency expedited hearing on temporary custody or parenting-time restrictions must expedite service of hearing notice on the opposing party and provide proof of service to the Court.
A party seeking an expedited hearing to address temporary custody of a child/children or a restriction of parenting time on an emergency basis shall be responsible for expediting service of notice of that hearing on the opposing party and shall be responsible for providing proof of that service to the Court.
Page 7 | LR07-FL-13 Temporary Restraining Orders and Protective Orders
A party seeking an emergency expedited preliminary hearing must expedite service of hearing notice on the opposing party and provide proof of service to the Court.
A party seeking an expedited preliminary hearing due to an emergency shall be responsible for expediting service of notice of that hearing on the opposing party and shall be responsible for providing proof of that service to the Court.
Page 7 | LR07-FL-14 Preliminary Hearings, Change of Judge, Emergency Matters
Each party in a contested dissolution case must exchange the marital balance sheet at least 30 days before mediation or the final hearing.
In all contested dissolution of marriage cases, each party shall file with the court and exchange a marital balance sheet at least 30 days before any mediation or final hearing.
Page 9 | LR07-FL-18 Marital Balance Sheet and Proposed Division of Marital Estate
A party making an update must informally provide the information to the other party as quickly as feasible and file and exchange the updated balance sheet and proposed division as soon as practicable.
A party making such an update shall informally provide such information to the other party as quickly as feasible and shall file and exchange an updated balance sheet and proposed division as soon as practicable.
Page 9 | LR07-FL-18 Marital Balance Sheet and Proposed Division of Marital Estate
Parties must exchange all witnesses’ names and addresses and actual copies of all exhibits at least 7 days before the specified hearings.
Parties shall exchange names and addresses of all witnesses as well as actual copies of all exhibits at least 7 days prior to any of the following hearings:
Page 10 | LR07-FL-19 Witness and Exhibit List Exchange, Exhibits
Post-final-decree or post-final-paternity-order pleadings must be served on an unrepresented party under the Indiana Rules of Trial Procedure.
The service of any post final decree/post final paternity order pleadings upon any party not represented by an attorney shall be made upon that person pursuant to the Indiana Rules of Trial Procedure.
Page 11 | LR07-FL-22 Termination of Counsel Representation in Dissolution and Paternity Cases
A party requesting a final hearing must provide a copy of the written request to the opposing party.
A party seeking to have a final hearing scheduled must file a written request for a final hearing, provide a copy to the opposing party, and include a certificate of service on the request.
Page 11 | LR07-FL-21 Final Hearing
Copies of the no-contact order must be provided to the Prosecutor and the person.
Copies of the Order shall be provided to the Prosecutor and the person.
Page 14 | Section 2: General Provisions
A party who intends to offer biologically contaminated evidence must file a pretrial notice and serve all parties.
A party who intends to offer biologically contaminated evidence must file a pretrial notice and serve all parties.
Page 24 | Section 5: Biologically contaminated evidence
When notice is required, the attorney must prepare and properly publish or serve it as required and provide adequate proof before bringing the matter to the Court.
Whenever notice by publication and/or written notice by U.S. Mail, or other method, is required to be given, the attorney shall prepare such notice and ensure that the notice is properly published and/or served as required by statute or Supreme Court Rule. It shall be the attorney’s responsibility to ascertain and provide adequate proof of notice prior to bringing a matter to the Court.
Page 26 | LR07-PR00-30 Notice
An attorney who chooses to use a Brown Circuit Court office mail slot designates it as a suitable place to receive court orders and permitted conventionally filed documents.
Any attorney choosing to use the mail slots made available in the offices of the Brown Circuit Court shall be considered to have designated that attorney’s mail slot as a suitable place for delivery and service of court orders and permitted conventionally filed documents pursuant to T.R. 5(B)(d).
Page 3 | LR07-TR5-03 Service and Filing of Pleadings; Court Office Mailboxes; Submission of Proposed Orders
All parties must be given access to an audio deposition recording upon request.
2. all parties are provided access to the audio recording upon request;
Page 4 | LR07-TR30-05 Acceptable Recording Method for Informal Depositions
Filing Fees and Waivers
On a party’s written petition, the Court may waive the initial payment of court costs and will address payment at the provisional or final hearing if it does so.
The Court, upon written petition by a party, may waive the initial payment of court costs. If court costs are initially waived, the Court will address the payment of these fees and costs at the provisional or final hearing.
Page 6 | LR07-FL-11 Waiver of Court Costs
Courtesy Copy Requirements
Providing a copy of a post-order pleading to original counsel is professional courtesy only.
Any copy of a pleading served upon original counsel will be deemed a matter of professional courtesy only.
Page 11 | LR07-FL-22 Termination of Counsel Representation in Dissolution and Paternity Cases
Pre-Motion Conference Requirements
Parties should attempt to resolve matters by agreement before seeking court intervention. The court expects all parties and/or their attorneys to communicate and cooperate with each other in a good faith effort to resolve disputes and negotiate fair and equitable settlement agreements. Parties shall exchange proposals to settle and resolve all pending issues before proceeding to a contested hearing and all parties shall clearly and promptly respond to any proposal for settlement.
Parties should attempt to resolve matters by agreement before seeking court intervention. The court expects all parties and/or their attorneys to communicate and cooperate with each other in a good faith effort to resolve disputes and negotiate fair and equitable settlement agreements. Parties shall exchange proposals to settle and resolve all pending issues before proceeding to a contested hearing and all parties shall clearly and promptly respond to any proposal for settlement.
Page 8 | LR07-FL-17 Alternate Dispute Resolution
Adjournment & Extension Requirements
Before requesting a continuance, the moving party must confer with all other counsel and self-represented parties, then report objections and alternative available dates in the motion.
C. Duty to Confer: Before requesting a continuance, the moving party shall confer with counsel for all other parties and with any parties appearing pro se, to determine any objections and to ascertain dates for rescheduling when all parties are available. Such objections and alternative dates shall be reported in the motion for continuance.
Page 4 | LR07-TR53.5-04 Continuances
A motion for continuance must be written and signed and comply with T.R. 53.5, unless made on the record during the hearing or otherwise specifically authorized by the court.
A. Written Motions: A motion for continuance, unless made on record during the hearing of the cause or otherwise specifically authorized by the court, shall be in writing and signed. Such motion shall comply in all respects with T.R. 53.5 of the Indiana Rules of Trial Procedure.
Page 4 | LR07-TR53.5-04 Continuances
A continuance motion based on a scheduling conflict must identify the court, case name and number, dates set in both cases, and type of conflicting proceeding.
B. Scheduling Conflicts: A motion for continuance based on a scheduling conflict with another cause shall specify the Court, the case name, the cause number, the date the hearings or trials in both cases was set, and the type of conflicting hearing or trial.
Page 4 | LR07-TR53.5-04 Continuances
Chambers Communication Rules
Counsel must inform court staff in writing of the result of a proceeding supplemental.
Counsel shall inform the court staff, in writing, of the result of the proceeding supplemental.
Page 5 | LR07-TR69-08 Procedure for Proceedings Supplemental
An attorney who wishes to remain counsel of record after the case concludes must notify the Court.
If an attorney wishes to remain counsel of record following the conclusion of the case, the attorney shall notify the court.
Page 12 | LR07-CR2.1-24 Timely Motions to Withdraw and Automatic Termination of Defense Counsel Representation
The Court encourages telephone conferences for pre-trial conferences and other matters suited to telephone, and may set them on its own motion or at a party’s request.
encourages the use of telephone conferencing for the conducting of pre-trial conferences and for other matters which may be reasonably conducted by use of telephone. Telephone conferences for conducting pre-trial conferences and for other matters may be set at the discretion of the Court upon the Court’s own motion or upon request of a party.
Page 5