Carroll County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements13 rules
All proposed orders left with the Clerk or Court Reporter when the Judge is not available shall be submitted in sufficient number so that distribution may be made to all affected parties.
Unless the Court directs otherwise, the moving party or applicant must furnish proposed orders for the listed matters before entry, subject to the stated judgment exceptions.
Court's wording
Prior to entry by the Court of orders granting motions or application or setting hearing dates, the moving party or applicant shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters: (1) for enlargement of time (2) for continuance (3) for default judgment (4) to compel discovery (5) of dismissal (6) for appointment of receiver (7) for appointment of guardian (8) for restraining order, temporary or permanent injunction (9) for a protective order (10) for immediate possession of real estate (11) for immediate possession of personal property (12) for findings of fact and conclusions of law (13) for foreclosure of a mortgage or other lien (14) setting hearing date (15) and such other orders, judgments, or decrees as the Court may direct. This rule does not apply to judgments on general verdicts of the jury or upon a decision announced by the Court.
All requests for instructions tendered in accordance with Trial Rule 51 shall be in writing with citations to applicable authority.
At the time of removal, the party receiving and removing the evidence shall give a detailed receipt to the court reporter, and the receipt will be made part of the court file.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
A copy of the worksheet provided for in the Indiana Child Support Guidelines shall be submitted to the Court in each case in which the Court is asked to determine support, including cases in which agreed orders are submitted, and the worksheets shall be signed by both parties under penalties of perjury.
All support determinations shall be made in accordance with the Indiana Child Support Guidelines, any deviation or exception shall be with good cause and only upon written findings entered by the Court.
A copy of the hearing notice must be filed with the court on or before the trial date.
Court's wording
In all uncontested dissolution matters involving custody and support of children or the determination of real property interest or both, the petitioner's attorney or the petitioner, if appearing pro se, shall give notice of the time and place of the hearing by subpoena, notice of hearing, or letter served upon the respondent in accordance with Trial Rule 4 at least 7 days prior to the hearing date, and file a copy of the notice with the court on or before the trial date.
A written motion is required to compel compliance, seek additional discovery outside the Rule, seek an exemptive protective order, or request an extension of time.
Court's wording
No written motion is required, except: a. To compel compliance under this Rule; b. For additional discovery not covered under this Rule; c. For a protective order seeking exemption from the provisions of this Rule; or d. For an extension of time to comply with this Rule.
A motion or request seeking disclosure or a protective order must include a statement describing the reasonable effort to reach agreement, including its date, time, place, method, and participants.
Court's wording
The party seeking disclosure or a protective order under this Rule shall include in the party’s motion or request a statement showing that the attorney making the motion or request has made a reasonable effort to reach agreement with opposing counsel concerning the matter set forth in the motion or request. In addition, this statement shall recite the date, time and place of this effort to reach agreement, whether the effort was made in person or by telephone and the names of all parties and attorneys participating therein.
B. How Assigned. Such Courthouse boxes shall be assigned only after such attorney or law firm has filed with the Circuit Court a Consent to Alternate Service (Form A).
Any letter filed with the Court should have the parties’ names, the name of the court where the case is filed and the case number on it.
- Document
- Letter
Should include
- •Case number
The court shall, in the interest of justice, permit the tender of additional instructions during the trial on matters which could not have been reasonably anticipated in advance of trial.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county, while other filers are encouraged to e-file.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
After transfer between courts, the time to seek a change of venue from the judge is extended for 10 days from service of notice or until the applicable period under T.R. 76 or other law expires.
If such transfer is consummated, the time for taking a change of venue from the judge shall be extended for a period of 10 days from the service of notice of such transfer or until such period expires pursuant to T.R. 76 or other applicable law.
Page 2 | LR08-TR79-02: TRANSFER OF ACTION
An adverse party choosing to file a brief or memorandum must file it within 10 days after service of the movant's brief or memorandum.
If the adverse party desires to file a brief or memorandum, the adverse party shall file it within 10 days of service of the movant's brief or memorandum.
Page 3 | LR08-TR73-05: MOTIONS
Proposed preliminary instructions must be exchanged and filed at least three business days before trial begins.
Proposed preliminary instructions shall be exchanged and filed not later than three business days prior to the beginning of the trial.
Page 5 | LR08-TR51-07: JURY INSTRUCTIONS
The hearing notice must be filed with the court no later than the trial date.
In all uncontested dissolution matters involving custody and support of children or the determination of real property interest or both, the petitioner's attorney or the petitioner, if appearing pro se, shall give notice of the time and place of the hearing by subpoena, notice of hearing, or letter served upon the respondent in accordance with Trial Rule 4 at least 7 days prior to the hearing date, and file a copy of the notice with the court on or before the trial date.
Page 12 | LR08-FL-15: DOMESTIC RELATIONS — A. NOTICE TO PARENT IN DISSOLUTION
Service and Proof of Service Rules
A copy of a supporting brief or memorandum must be served on the adverse party unless the Court grants additional time.
If a party desires to file a brief or memorandum in support of any motion, such brief or memoranda shall accompany or be filed simultaneously with motion, and a copy served on the adverse party unless additional time is granted by the Court.
Page 3 | LR08-TR73-05: MOTIONS
Proposed preliminary instructions must be exchanged with the other side at least three business days before trial begins.
Proposed preliminary instructions shall be exchanged and filed not later than three business days prior to the beginning of the trial.
Page 5 | LR08-TR51-07: JURY INSTRUCTIONS
The plaintiff must prepare and exchange with opposing counsel a proposed preliminary instruction on issues at least three days before trial.
The plaintiff shall prepare and exchange with opposing counsel a proposed preliminary instruction on issues not later than three days prior to trial.
Page 5 | LR08-TR51-07: JURY INSTRUCTIONS
A party offering biologically contaminated evidence must serve all parties with the pretrial notice so the issue can be resolved before trial.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 7 | LR08-AR7-08: EVIDENCE HANDLING, RETENTION AND DESTRUCTION
Except in small claims, the Court must mail attorneys of record and unrepresented parties actual notice of the date by which evidence will be destroyed if not retrieved.
In all cases other than small claims, the Court shall provide actual notice, by mail to all attorneys of record and to parties if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 7 | LR08-AR7-08: EVIDENCE HANDLING, RETENTION AND DESTRUCTION
In covered uncontested dissolution matters, the petitioner or attorney must serve the respondent with hearing notice under Trial Rule 4 at least 7 days before the hearing.
In all uncontested dissolution matters involving custody and support of children or the determination of real property interest or both, the petitioner's attorney or the petitioner, if appearing pro se, shall give notice of the time and place of the hearing by subpoena, notice of hearing, or letter served upon the respondent in accordance with Trial Rule 4 at least 7 days prior to the hearing date, and file a copy of the notice with the court on or before the trial date.
Page 12 | LR08-FL-15: DOMESTIC RELATIONS — A. NOTICE TO PARENT IN DISSOLUTION
A pro se litigant must ensure the other party is notified of all hearings and served with all papers or documents filed with the Court.
Likewise, it is the litigant’s responsibility to be certain that the other party has notice about all court hearings and is served with all papers or documents you file with the court.
Page 21 | LR08-TR00-22: PRO SE LITIGANT RESPONSIBILITIES
Depositing specified materials in an assigned Courthouse box constitutes service equivalent to first-class mail under Trial Rule 6(E).
C. Effect of Consent. Deposits made in any assigned box of notices, pleadings, process, orders, or other communications made shall be deemed to constitute and be accepted as service equivalent to service by first class mail under Trial Rule 6(E).
Page 22 | LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX
Consent to alternate service remains valid until a written revocation is filed with the Carroll Circuit Court.
E. Revocation of Consent. Consent to Alternate Service under this rule shall remain valid until a written revocation has been filed with the Carroll Circuit Court.
Page 22 | LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX
An attorney or firm that declines to accept Courthouse-box service may not use the boxes to serve other attorneys.
If a Carroll County attorney or law firm declines to consent to receiving service by Courthouse boxes from other attorneys or Courts, then they may not use the boxes to serve other attorneys.
Page 22 | LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX
All members of a law firm must agree to Courthouse-box service; if one declines, no other member may accept service by that method.
D. Limitations on Firm Use. Members of law firms must all agree to Courthouse box service. If one member of the firm declines to accept service by Courthouse box method, then no other members of that firm may accept service utilizing the Courthouse box.
Page 22 | LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX
The signer consents to service by deposit in an assigned Courthouse box by the Carroll County Courts, the County Clerk, or other attorneys and firms that also consent.
The undersigned, as an individual practitioner or for and on behalf of the law firm below, hereby consents to service of any notice, pleading, process, order or other communication by deposit of the same in an assigned Courthouse box by: (a) Carroll County Courts; (b) Carroll County Clerk; (c) Other Attorneys and law firms which also consent to alternative service.
Page 23 | CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES
A deposit made under the consent is treated as and accepted as first-class mail under Trial Rule 6(E).
“Deposit” pursuant to this Consent shall constitute and be accepted as 1st class mail under Trial Rule 6(E).
Page 23 | CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES
The consent remains valid until revoked in writing, and the consent or revocation takes effect seven days after filing with the Carroll Circuit Court.
The Consent shall remain valid until revoked in writing. The Consent or revocation will be effective seven days after filing with the Carroll Circuit Court.
Page 23 | CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES
The consent also applies to attorneys who become associates of the signing law firm after the consent date.
This Consent shall also apply to any attorneys who become associates with the undersigned law firm after the date of this consent.
Page 23 | CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES
Carroll County attorneys and law firms may maintain an assigned Courthouse box, without charge, to receive specified court communications and communications from other users of the service.
A. Any Carroll County attorney or any Carroll County law firm may, without charge, maintain an assigned Courthouse box in the offices of the Carroll Circuit Court and the Carroll Superior Court for receipt of notices, pleadings, process, orders, or other communications from the Carroll County Courts and the Clerk, and other attorneys or law firms which use this service.
Page 22 | LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX
Filing Fees and Waivers
Initially waived court costs will be addressed at the Provisional Hearing and/or Final Hearing.
E. COURT COSTS. If court costs are initially waived, they will be addressed at the Provisional Hearing and/or the Final Hearing.
Page 13 | DOMESTIC RELATIONS
Filing Bundling Requirements
A supporting brief or memorandum must accompany or be filed simultaneously with the motion, unless the Court grants additional time.
If a party desires to file a brief or memorandum in support of any motion, such brief or memoranda shall accompany or be filed simultaneously with motion, and a copy served on the adverse party unless additional time is granted by the Court.
Page 3 | LR08-TR73-05: MOTIONS
Pre-Motion Conference Requirements
Before seeking discovery or a protective order, the party must make a reasonable effort to reach agreement with opposing counsel.
The party seeking disclosure or a protective order under this Rule shall include in the party’s motion or request a statement showing that the attorney making the motion or request has made a reasonable effort to reach agreement with opposing counsel concerning the matter set forth in the motion or request.
Page 16 | LR08-CR00-18: AUTOMATIC CRIMINAL DISCOVERY RULE, A.5
Should there be a dispute among the parties concerning the disclosure of a witness’ address, counsel shall meet and make a reasonable effort to resolve this dispute before seeking intervention from the court.
Should there be a dispute among the parties concerning the disclosure of a witness’ address, counsel shall meet and make a reasonable effort to resolve this dispute before seeking intervention from the court.
Page 18 | AUTOMATIC CRIMINAL DISCOVERY RULE
Adjournment & Extension Requirements
Discovery must be completed by the omnibus date unless an extension is granted for good cause.
All discovery shall be completed on or before the omnibus date unless otherwise extended for good cause shown.
Page 16 | LR08-CR00-18: AUTOMATIC CRIMINAL DISCOVERY RULE, A.4
Chambers Communication Rules
The Court cannot discuss a pro se litigant’s case with them unless the other party is present.
The Court cannot talk to litigants about the case without the other party being present.
Page 21 | LR08-TR00-22: PRO SE LITIGANT RESPONSIBILITIES
The signer agrees to promptly notify the Carroll County Courts and Carroll County Bar Association of changes to the attorneys designated in the consent.
The undersigned agree(s) to notify the Carroll County Courts and Carroll County Bar Association promptly of any changes in the list of attorneys designated in the Consent.
Page 23 | CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES
Use the county website or court directory for contact information and contact the local court directly with questions about jury duty, an upcoming court date, or an unavailable case document.
For local court contact information, visit the county's official website or see our directory of courts and clerks. Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts