Crawford County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must state the scheduled date, reason, requested delay, and opposing counsel’s position; if granted, the moving party must obtain a mutually acceptable future date.
- The Court may extend or shorten the 45-day deadline for good cause.
Request must include
- A party must file a written continuance motion at least ten days before the hearing or trial, unless an affidavit shows that the supporting facts did not exist or were not known at that time.
Document Format Requirements6 rules
B. PAPER SIZE. All pleadings, motions, entries, orders, judgments and other papers shall be filed on letter size [8 ½ x 11] paper.
- Paper size
- Letter
C. FLAT FILING. The files of the Clerk of the Court shall be kept under the flat filing system. All pleadings presented for filing with the Clerk or the Court shall be flat and unfolded.
A. GENERALLY. Except motions made during the course of a recorded proceeding, all motions shall be in writing.
A. USE OF FORM DISCOVERY. No “form” discovery shall be served upon a party unless all discovery requests on such forms are consecutively numbered and applicable to the case in which the same are utilized. The intent and purpose of this rule is to prohibit the use of form discovery unless applicable to the case at bar or where the nature of the case or the number of the parties makes the use of such forms necessary and appropriate.
Proposed final instructions, special or pattern, shall be submitted on letter size (8 ½ x 11) paper, double-spaced, with all designations including indications for the Court’s disposition placed on the bottom three (3) inches of the instruction.
- Line spacing
- Double
- Paper size
- Letter
- Proposed final instructions
A subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it or his or her attorney, who shall fill it in before service.
Document Filing Requirements44 rules
Indiana counsel shall sign and be jointly responsible for the contents of all pleadings, motions, briefs, and papers filed in the proceeding
after petitioning the trial court for the courtesy and disclosing in said petition all pending causes in Indiana in which said attorney has been permitted to appear.
When opposing counsel has appeared in a proceeding, the attorney who has agreed to prepare an entry as requested by the Court shall place on the last page of the entry appropriate signature lines indicating “prepared by” and “reviewed by” and shall submit the entry to opposing counsel for examination.
An attorney entering an appearance for any party, or a party appearing pro se, shall file a written appearance in compliance with Trial Rule 3.1 and Criminal Rule 2.1.
Outside estate, guardianship, and criminal matters, an attorney seeking to withdraw must file a motion for leave accompanied by a hearing notice or satisfactory proof of at least ten days’ prior written notice to the client and all parties of record, stating the withdrawal date.
Court's wording
Excepting appearances in estates, guardianships, or criminal matters, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten (10) days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.
An attorney desiring to withdraw his appearance in an estate, guardianship or criminal matter shall file a written motion requesting leave to do so accompanied by a notice of hearing which shall be served upon the personal representative, guardian, or criminal defendant directing said person to appear at the hearing.
If opposing counsel shall fail or refuse to submit the entry without advising the Court as to objections thereto, the preparing attorney shall submit the entry to the Court advising the Court by letter of opposing counsel’s failure or refusal and the Court shall accept the entry without opposing counsel’s signature.
Any pleading, motion, brief or paper not signed by an attorney admitted to practice pursuant to the terms of Local Rule 2 shall not be accepted for filing, or, if inadvertently accepted for filing, shall upon discovery be stricken from the record by the Court upon its own motion.
a certificate of service signed by an attorney of record which certificate shall identify by name and address the person or persons to whom service is directed;
D. CERTIFICATE OF SERVICE. All certificates of service shall identify by name and address the person or persons to whom service is directed.
G. ORDERS AND ENTRIES. Except as required by Local Rule 4, all proposed orders and entries shall reflect the same of the preparer under the indication “tendered by”, shall be submitted in sufficient number for each person entitled to service and shall contain a distribution list identifying by name and address each person entitled to service.
E. IDENTIFICATION. Every pleading, motion, brief, and paper filed shall clearly identify the name, office address, telephone number, and Indiana Supreme Court Attorney Number of the individual attorney or attorneys filing same.
H. SCHEDULING ORDERS. Proposed orders accompanying motions for the scheduling of matters for hearing, pretrial conference and trial shall contain adequate space for the insertion of a time and date for a primary setting of the matter and a secondary setting, if desired.
B. REQUIRED PRE-TRIAL CONFERENCE. No case shall be assigned for jury trial without the Court having conducted a pretrial conference thereon and any party or attorney of record desirous of acquiring a jury trial shall first file a motion requesting a pretrial conference accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
The Certificate shall state: [1] that the cause is at issue; [2] that discovery has been completed or will be completed by the scheduled trial date and [3] that opposing counsel was advised of the party’s intention to file the Certificate five (5) days prior to its filing.
E. REQUESTS FOR BENCH TRIAL. The assignment of a case for bench trial may be had by motion duly filed and accompanied by a proposed order. Said motion shall reflect an estimate of the trial time required.
- Document
- Motion
Must include
- •Proposed order
Motions or applications in the listed matters must include a proposed order.
- Document
- Motion or application
Must include
- •Proposed order
Court's wording
B. PROPOSED ORDERS REQUIRED. Proposed Orders shall accompany motions or applications in the following matters: [1] to enlarge or shorten time [2] for setting of hearing, conference or trial [3] for continuance [4] for default judgment [5] to compel discovery [6] to withdraw appearance [7] of dismissal [8] for change of venue [9] for restraining order, temporary injunction [10] for summary judgment [11] for such other orders, judgments or decrees as the Court may direct.
Except for the stated exceptions, motions must be set for hearing when filed and accompanied by a separate hearing request and an order setting a hearing date.
Court's wording
C. HEARINGS REQUIRED. Excepting motions to correct error, motions for summary judgment or other motions described in subsection F, subsection G and subsection H of this rule, all motions shall be set for hearing at the time of their filing and shall be accompanied by a separate instrument requesting a hearing and an order for the setting of a hearing date.
Upon expiration of the time provided by the briefing schedule, the proponent of the motion shall file a written request to schedule the matter for hearing.
G. MOTIONS UNDER TRIAL RULES 12, 24, 42 AND 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel.
Motions for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.
A motion for continuance of a hearing or trial shall be accompanied by an order which shall contain adequate space for insertion of a new time and date for rescheduling purposes.
In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon.
A provisional-order application must include a notice stating the ruling date, that the Court will rule without a hearing, and that it will consider a written response filed before that date.
Court's wording
An application for provisional order in a dissolution action shall be accompanied by a notice of ruling date. Said notice shall indicate the date for ruling thereon and shall further indicate (1) that the Court will rule on the application without conducting a hearing thereon and (2) that the Court will consider a written response to the application filed before the ruling date.
The Court shall grant an oral hearing on an application for a provisional order upon the timely filing of a written motion and proposed order setting hearing.
When child support or other monetary assistance is requested, the application and any response must include the specified child-support worksheet and an affidavit stating when the person was last employed and average weekly gross income.
Court's wording
When an application for a provisional order requests child support or other monetary assistance, the application and the response to the application, if any, must be accompanied by: [1] a child support guideline worksheet in forms consistent with that adopted by the Court in the Appendix of these Local Rules; and [2] an affidavit of indicating when last employed and average weekly gross income.
Additionally, pursuant to Trial Rule 26 E(2) and (3), the form shall be supplemented if additional material becomes available.
No contested marriage dissolution action will be set for trial unless counsel for either or both parties certifies to the Court that the form has been completed by both parties.
Any party may request that the trial on a Petition for Dissolution of Marriage be held under the procedure for an expedited hearing Such request shall be made in writing and filed with the Court.
Such accounting shall comply with the provisions of IC 29-1-16-4 and 29-1-16-6 and such accounting shall also state facts showing why the estate cannot be closed.
Good cause for not closing an estate within one (1) year shall be shown by the verified statement setting forth the facts as to why said estate cannot be closed and an estimate of the time required for the closing of the estate.
Answers or objections to requests for admissions must reproduce each request in full immediately before the answer or objection.
Court's wording
Answers or objections to requests for admissions filed and served pursuant to Trial Rule 36 shall set forth in full the requests for admissions being answered or objected to immediately proceeding the answer or objection.
Each motion requesting waiver of this limitation shall contain as an exhibit the interrogatories which the party proposes to serve.
Pleadings or memoranda relying on depositions in support of or opposition to a summary judgment motion or other matter must identify the relevant deposition passages by page and line or question number.
Court's wording
When depositions are utilized in support of, or in opposition to, a motion for summary judgment or other matter, the pleading and/or memoranda filed in support or opposition to such motion shall make specific reference by page and line or question number to those places in such deposition which purport to demonstrate the presence or absence of material fact.
The parties shall submit a second set of proposed final instructions containing no designation of who submitted them, or other identifying references, and shall contain only the statement of law.
All praecipes and requests for transcripts shall be in writing and filed with the Clerk of the Court.
Such praecipes and requests for transcripts relating to trials by jury shall not include voir dire, opening statements and closing statements unless specifically requested.
Appointment Order. Upon selecting a Special Judge, the assignment Judge shall prepare an Order of Appointment and forward said Order to the Judge before whom the case is pending who shall then sign and enter the Order of Appointment and forward a copy of the Order to the Special Judge and the attorneys of record.
An Order of Appointment must use the prescribed form.
Court's wording
F. Form of Order. The Order of Appointment shall be in the following form: IN THE ________ COURT FOR ________ COUNTY STATE OF INDIANA (Caption) ORDER OF APPOINTMENT Under the provisions of Trial Rule 79(H) of the Indiana Rules of Trial Procedure, the Honorable ___________________ of the ____________Court of _____________County is hereby appointed to serve as special judge in the above-captioned case. SO ORDERED THIS _____ DAY OF __________________, _______. ____________________________________ Judge, __________________Court Assigned this _____ day of ______________, _______. ___________________________________ Administrative District #24 Administrative Judge
The form letter shall be served with the summons. It will explain the program and the necessary steps each party must complete.
A motion for leave to withdraw an appearance accompanied by a written appearance of successor counsel and, excepting appearances in estate, guardianship or criminal matters, a motion to withdraw an appearance accompanied by a written consent of the client shall constitute a waiver of the requirements of this local rule.
For routine matters, an attorney may use a Notice of Motion and Order instead of subsection C’s hearing procedure; the notice must state when the Court will rule and enter its order.
Court's wording
D. NOTICE OF MOTION AND ORDER. In lieu of the requirement of subsection C of this rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a motion for continuance, motion to amend pleading, motion to shorten time, motion to add parties, motion to compel discovery and the like. The Notice of Motion shall indicate that the Court will rule on the motion and enter its order beginning at 9:00 a.m. on the Monday which is not less that five (5) working days from the date of the Court’s actual receipt of the Notice of Motion.
A party may request a hearing on a motion to correct error by separate written instrument before the Court rules, but whether to hold a hearing is discretionary with the Court.
Court's wording
E. MOTION TO CORRECT ERROR. Any party may request a hearing upon a Motion to Correct Error by filing a written request therefore by separate instrument at any time before the Court has ruled upon such motion. It shall be discretionary with the Court whether a hearing shall be held on such Motion to Correct Error.
A party or attorney of record may request a pretrial conference for a bench-trial case by filing a motion accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
C. OTHER PRE-TRIAL CONFERENCES. The Court, in its discretion, may require a pretrial conference on certain cases to be heard at bench trial and the Court shall, sua sponte, set such cases for conference. Any party or attorney of record desirous of having a pretrial conference for such cases may file a motion requesting same accompanied by a proposed order.
Filing & Service rules
Electronic Filing Rules
Attorneys are required to e-file in Crawford County.
Attorneys are required to e-file in this county
Page 1 | E-file a case
Other filers are encouraged to e-file.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
Opposing counsel must promptly examine and sign the submitted entry and submit it to the Court within five days of receipt.
Opposing counsel shall promptly examine the entry when submitted, shall sign the entry, and shall submit the entry to the Court within five (5) days of receiving same.
Page 5 | B. PREPARATION OF ENTRY
Proposed findings must be submitted within the time directed by the Court.
Such form of findings shall be submitted to the Court within such time as directed by the Court.
Page 11 | FINDINGS OF FACT
The filing attorney selects the ruling date, which must be at least ten working days after the application is filed.
The date set forth in the notice shall be selected by the attorney filing the application but shall not be less than ten (10) working days from the date of filing.
Page 12 | DISSOLUTION OF MARRIAGE — A. NOTICE OF RULING DATE
When a change of venue delays a provisional ruling, a written request to treat a child-support application as an emergency may be filed within five working days after the adverse party’s change-of-venue motion; if the Court so finds, it retains jurisdiction and enters child-support findings.
In that a change of venue from the Judge and/or County results in a delay of the entry of a ruling in a provisional matter, an application for child support may be deemed to be in the nature of an emergency upon the filing of a written request for such determination within five (5) working days of the filing of the adverse party’s Motion for Change of Venue. Upon such finding by the Court, the Court shall retain jurisdiction in such instance and enter its findings on child support in accordance with this Local
Page 12 | DISSOLUTION OF MARRIAGE — F. CHANGE OF VENUE/EMERGENCY MATTER
The Court cannot rule until ten days after service of summons; if service occurs after the selected ruling date, that date automatically extends to ten days after service, without notice to the adverse party.
The Court shall not enter a ruling on an application for provisional order until ten (10) days have passed from the date of service of summons. If service of summons occurs on a date beyond the selected ruling date, the ruling date shall be automatically extended to a day which is ten (10) days from the date of service of summons and notice of such extension upon the adverse party shall not be required.
Page 12 | DISSOLUTION OF MARRIAGE — E. EXTENSION OF RULING DATE
A response filed on or before the ruling date extends that date by five working days from the response filing, during which the applicant may file a reply.
If a response to an application for a provisional order is filed on or before the ruling date, the Court shall extend the ruling date by five (5) working days from the date of the filing of the response within which time the applicant may file a reply to the response.
Page 12 | DISSOLUTION OF MARRIAGE — B. RESPONSE/REPLY
In dissolution proceedings, each party must prepare and exchange the Verified Financial Declaration Form within 45 days after the petition is filed.
In all dissolution proceedings, each party shall prepare and exchange respectively within forty-five (45) days of the filing of the Petition for Dissolution of Marriage, a Verified Financial Declaration Form as set forth in the Appendix to these rules.
Page 13 | Domestic Relations Cases with Children
The other party must file a written objection within 10 working days to prevent the trial from being scheduled as an expedited hearing.
Unless the other party files, within ten (10) working days, a written objection to proceeding in expedited fashion, the Court will schedule the trial for an expedited hearing under the procedures outlined in Local Rule 12K.
Page 14 | Dissolution of Marriage—Final Hearing
Estates must be closed within one year unless good cause is shown.
All estates shall be closed within one (1) year unless for good cause shown.
Page 16 | LR13-PR00-1 — PROBATE — A. CLOSING WITHIN ONE YEAR
If the agreed entry is not prepared within fifteen working days of the Court’s request, opposing counsel may prepare and submit it with a letter describing efforts to obtain its preparation.
If an attorney agrees to prepare an entry and then fails to do so within fifteen (15) working days of the Court’s request, opposing counsel may prepare the entry and submit same to the Court advising the Court by letter of the efforts made to gain preparation of the entry.
Page 6 | D. FAILURE TO PREPARE ENTRY
An attorney with a primary trial assignment may file a Certificate of Readiness 10 days before the scheduled trial date; failure to file may forfeit the primary date if a secondary-assigned attorney files one, in which case the secondary case will be heard.
F. TRIAL ASSIGNMENTS. The Court may assign a case for trial by jury on a primary or secondary basis. Ten (10) days prior to the schedule trial date, an attorney whose case has been assigned for trial on a primary basis may file a Certificate of Readiness indicating the intention of proceeding to trial as scheduled. The failure to file such Certificate may result in forfeiture of the primary trial date if an attorney whose case has been assigned on a secondary basis files such Certificate and in such event the case assigned on a secondary basis shall be heard.
Page 8 | Pre-Trial Conferences; Assignment of Cases for Trial
If good cause is not shown, the Court may order an intermediate accounting within 30 days after the estate has been open for one year.
The Court may order an intermediate accounting within thirty (30) days of the expiration of one (1) year of the opening of the estate if good cause is not shown.
Page 16 | LR13-PR00-1 — PROBATE — B. INTERMEDIATE ACCOUNTING
An unsupervised estate becomes supervised if it is not closed within one year, unless good cause is shown under paragraph A.
Unsupervised estates shall become supervised estates if not closed within one (1) year unless good cause shown in accordance with paragraph A herein.
Page 16 | LR13-PR00-1 — PROBATE — D. UNSUPERVISED ESTATES
Service and Proof of Service Rules
An acknowledgment of service must be signed by the party served or, if that party is represented, the attorney of record.
an acknowledgment of service signed by the party served or the attorney of record if such party is represented by an attorney.
Page 6 | A. TRIAL RULE 5 REQUIREMENTS
Proof of service for pleadings or papers that Trial Rule 5 requires to be served may be made by either of the listed forms.
Proof of service of pleadings or papers required to be served by Trial Rule 5 may be made either by:
Page 6 | A. TRIAL RULE 5 REQUIREMENTS
After a special judge qualifies, each later-filed document must be served on that judge at the judge’s private office or regular court, and proof of service must reflect it, unless the judge directs otherwise.
I. SERVICE ON SPECIAL JUDGE. Unless otherwise directed by a special judge, after qualification by a special judge, a copy of each document filed thereafter in the proceeding shall be served on the special judge at his private office or at the Court where he regularly presides and the proof of service shall reflect such service.
Page 7 | Form and Style of Pleadings; Filing of Pleadings
A Certificate of Readiness filed under subsection F must be served on all parties and include a certificate of service.
G. CERTIFICATE OF READINESS. If a Certificate of Readiness is filed pursuant to subsection F of this Local Rule, the Certificate shall be served on all parties in a cause and shall contain a certificate of service.
Page 8 | Pre-Trial Conferences; Assignment of Cases for Trial
Summary judgment motions and supporting papers must include proof of service on opposing counsel; any response and opposing papers filed within 30 days after service must also include proof of service.
H. MOTIONS FOR SUMMARY JUDGMENT. Motions for Summary Judgment and any supporting affidavits, exhibits and briefs shall be accompanied by proof of service upon opposing counsel. An adverse party may file a response and any opposing affidavits, exhibits and briefs, with proof of service upon opposing counsel, within thirty (30) days after service of the motion.
Page 10 | Motions
Motions seeking relief under Trial Rules 12, 24, 42, or 60 must include proof of service upon opposing counsel.
G. MOTIONS UNDER TRIAL RULES 12, 24, 42 AND 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel.
Page 10 | Motions
If the opposing party has been served but has no counsel appearing, petitioner’s attorney must serve the completed form and notify that party of the duty to prepare and serve one.
In those cases where there is service, but no appearance by counsel for the opposing party, it is the responsibility of Petitioner’s Attorney to serve the completed form on the other party and to notify that party of the duty to prepare and serve one as well.
Page 13 | Domestic Relations Cases with Children
In an uncontested action, an unrepresented party must receive written notice of the intended final-hearing date and time at their last known address; proof of service is not required.
In an uncontested action, written notice of an intention to proceed to final hearing on a date and time certain shall be given to a party not represented by counsel. The written notice shall be sent to the last known address of the party not represented and proof of service shall not be required; however, a copy of said notice shall be
Page 14 | Dissolution of Marriage—Final Hearing
Post-dissolution actions must be served on a party under Trial Rule 4, and service on the attorney from the underlying dissolution action is insufficient.
Service of process of post-dissolution actions such as petitions for modification and applications for rule to show cause must be on a party pursuant to Trial Rule 4. Service of process of such actions upon the attorney who represented the party in the underlying dissolution action shall be deemed insufficient.
Page 15 | LR13-FLOO-3 — DISSOLUTION OF MARRIAGE — SERVICE ON REDOCKETED MATTERS
The Clerk must serve local attorneys with a copy of the order.
The Clerk shall serve a copy of this order upon local attorneys
Page 23 | DOMESTIC RELATIONS CASES WITH CHILDREN
The Clerk must notify other attorneys of the order when they file a dissolution action.
shall notify all other attorneys when they file a dissolution action.
Page 23 | DOMESTIC RELATIONS CASES WITH CHILDREN
The Clerk must inform each party of the program requirement by serving a form letter with the summons.
The Clerk of the Court shall inform each party of the requirement to attend this program by form letter. The form letter shall be served with the summons.
Page 23 | DOMESTIC RELATIONS CASES WITH CHILDREN
Filing Fees and Waivers
Transfer fees and costs must be paid within twenty days of the transfer order; otherwise, the order will be rescinded and the case will remain under the Court’s jurisdiction.
All fees and costs associated with the transfer of a case to another county or transfer of a case from the small claims docket to the civil plenary docket shall be paid within twenty (20) days of the Order directing transfer and the failure to pay such costs shall result in the rescinding of the Order directing transfer and jurisdiction of the case shall remain with the Court.
Page 6 | B. TRANSFER FEES
All fees associated with filing a case must be paid to the Clerk when the case is filed.
All fees associated with the filing of a case shall be prepaid to the Clerk when the case is filed.
Page 6 | A. INITIAL FEES
The alcohol and drug program fee is $400 in misdemeanor and felony cases and is payable to the Clerk of the Crawford Circuit Court.
2. The alcohol and drug program fee in misdemeanor and felony cases will be $400.00 3. All Court Alcohol and Drug Program Fees are payable to the Clerk of the Crawford Circuit Court.
Page 26 | LR 13-AR00-9 ALCOHOL AND DRUG PROGRAM FEES
Sealing & Redaction Procedures
If a party fails to prepare and serve the form on time, the complying party’s form may be filed and, after notice of motion and an order, its facts are deemed admitted; any form filed with the Court must be sealed and designated confidential.
Therefore, in the event a party does not prepare and serve his or her respective Form within the time period provided in this rule, then the form for the complying party may be filed with the Court and the factual information contained in said form shall be deemed admitted as fact by all parties after notice of motion and order pursuant to Local Rule 9(D). When the form is filed with the Court, it shall be sealed and designated “Confidential.”
Page 13 | Domestic Relations Cases with Children
Pre-Motion Conference Requirements
For motions under Trial Rules 12, 24, 42, and 60, an adverse party has 15 days after service of the movant’s brief to file an answer brief, and the movant has 7 days after service to file a reply brief.
An adverse party shall have fifteen (15) days after service of the movant’s brief to file an answer brief, and the movant shall have seven (7) days after service to file a reply brief.
Page 10 | Motions
An adverse party may file a response and opposing papers within 30 days after service of a summary judgment motion.
An adverse party may file a response and any opposing affidavits, exhibits and briefs, with proof of service upon opposing counsel, within thirty (30) days after service of the motion.
Page 10 | Motions
A summary judgment hearing must be held at least 10 days after the response-filing period ends, and the motion proponent must file a written hearing request accompanied by an order setting the hearing date.
A hearing on a Motion for Summary Judgment shall be held not less than ten (10) days after the time for the filing of a response and the proponent of the motion shall file a written request to schedule the matter for hearing accompanied by an order for the setting of a hearing date.
Page 10 | Motions
Before the Court will rule on the specified discovery motions, moving counsel must advise the Court in writing that personal consultation and sincere efforts to resolve the dispute with opposing counsel failed.
The Court shall refuse to rule on any and all motions for discovery concerned with the production of documents or things, permission to enter upon the land or other property for inspection and other purposes, for physical or mental examination, or to compel discovery provided in Trial Rules 26 and 37, unless moving counsel shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences with opposing counsel, they are unable to reach an accord.
Page 17 | DISCOVERY — C. MOTIONS FOR DISCOVERY
The listed motions are summarily decided ex parte when filed unless the Court, in its discretion, schedules a hearing; withdrawal motions exclude estate, guardianship, and criminal matters.
F. HEARING NOT REQUIRED. At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing should be scheduled on any such motion and schedules such hearing: [1] Motion for Enlargement of Time (initial request) [2] Motion to Reconsider (denial of) [3] Motion for Change of Venue from Judge/County [4] Motion for Default Judgment [5] Joint Motion for Continuances [6] Motion to Dismiss Settled [7] Motion to Set Hearing/Pre-Trial Conference/Bench Trial [8] Motion for Temporary Restraining Order/Joint Preliminary Injunction in domestic matters in accordance with Local Rule 12 [9] Motion to Withdraw Appearance excepting Estate, Guardianship or Criminal matters [10] Such matters as permitted by statute or Trial Rule.
Page 10 | Motions
Adjournment & Extension Requirements
A party must file a written continuance motion at least ten days before the hearing or trial, unless an affidavit shows that the supporting facts did not exist or were not known at that time.
No continuance shall be granted at the request of a party unless a written motion for same is filed not less than ten (10) days prior to the scheduled hearing or trial, unless it is made to appear by affidavit that the facts which are the basis of the motion did not then exist or were not then known by the moving party.
Page 11 | CONTINUANCES — C. TIMING OF MOTION
A continuance motion must state the scheduled date, reason, requested delay, and opposing counsel’s position; if granted, the moving party must obtain a mutually acceptable future date.
A motion for continuance shall set forth the scheduled date, the reason for continuance, the specific length of time the moving party desires the cause to be delayed, and reference as to whether opposing counsel agrees or disagrees to a continuance of the scheduled hearing or trial. It shall be the duty of the moving party to obtain a mutually acceptable future date if and when the motion is granted.
Page 11 | CONTINUANCES — B. CONTENT OF MOTION
The Court may extend or shorten the 45-day deadline for good cause.
The forty-five (45) day time limit may be extended or shortened by the Court for good cause shown.
Page 13 | Domestic Relations Cases with Children