Crawford County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Order of appointment

Upon selection of a Special Judge, the assignment Judge must prepare and forward an Order of Appointment to the pending judge, who must sign and enter it and forward a copy to the Special Judge and attorneys of record.

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.

CRITICAL

Applies to

Certificate of service

Certificates of service must identify by name and address each person 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.

CRITICAL

Applies to

Certificate of readiness

A Certificate of Readiness must state that the cause is at issue, address discovery completion by the scheduled trial date, and state that opposing counsel was advised of the filing intention five days before filing.

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.

CRITICAL

Applies to

Verified financial declaration form

The Verified Financial Declaration Form must be supplemented if additional material becomes available.

Additionally, pursuant to Trial Rule 26 E(2) and (3), the form shall be supplemented if additional material becomes available.

CRITICAL

Applies to

Second set of proposed final instructions

The parties must submit a second set of proposed final instructions without identifying references and containing only the statement of law.

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.

CRITICAL

Applies to

Court entry

When opposing counsel has appeared, the attorney preparing a court-requested entry must put “prepared by” and “reviewed by” signature lines on its last page and submit it to opposing counsel for examination.

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.

CRITICAL

Applies to

Provisional order application

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.

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.

CRITICAL

Applies to

Intermediate accounting

An intermediate accounting must comply with the cited statutes and state facts showing why the estate cannot be closed.

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.

CRITICAL

Applies to

Form letter

The form letter served with the summons must explain the program and the steps each party must complete.

The form letter shall be served with the summons. It will explain the program and the necessary steps each party must complete.

CRITICAL

Applies to

Counsel certification

A contested dissolution action will not be set for trial unless counsel certifies that both parties completed the form.

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.

CRITICAL

Applies to

Pleadings motions briefs and papers

Indiana counsel must sign and be jointly responsible for all pleadings, motions, briefs, and papers filed in the proceeding.

Indiana counsel shall sign and be jointly responsible for the contents of all pleadings, motions, briefs, and papers filed in the proceeding

CRITICAL

Applies to

Proposed order or entry

Except as required by Local Rule 4, proposed orders and entries must identify the preparer under “tendered by,” be submitted in enough copies for everyone entitled to service, and include a name-and-address distribution list.

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.

CRITICAL

Applies to

Motion for continuance

A motion to continue a hearing or trial must include an order with space to insert the new date and time.

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.

CRITICAL

Applies to

Hearing request

After the briefing schedule expires, the motion proponent must file a written request to schedule a hearing.

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.

CRITICAL

Applies to

Appearance

An attorney entering an appearance or a party appearing pro se must file a written appearance that complies with the cited rules.

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.

CRITICAL

Applies to

Pleading motion brief or paper

A pleading, motion, brief, or paper not signed by an attorney admitted under Local Rule 2 will not be accepted for filing or, if accepted inadvertently, will be stricken upon discovery.

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.

CRITICAL

Applies to

Expedited hearing request

A party requesting an expedited dissolution trial must make the request in writing and file it with the Court.

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.

CRITICAL

Applies to

Request for admissions answer or objection

Answers or objections to requests for admissions must reproduce each request in full immediately before the answer or objection.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A bench-trial assignment may be requested by motion accompanied by a proposed order, and the motion must estimate the required trial time.

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.

CRITICAL

Applies to

Pleading motion brief or paper

Each filed pleading, motion, brief, or paper must identify the filing attorney’s name, office address, telephone number, and Indiana Supreme Court Attorney Number.

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.

CRITICAL

Applies to

Certificate of service

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;

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;

CRITICAL

Applies to

Motion to waive interrogatory limit

A motion seeking waiver of the interrogatory limit must include the proposed interrogatories as an exhibit.

Each motion requesting waiver of this limitation shall contain as an exhibit the interrogatories which the party proposes to serve.

CRITICAL

Applies to

Motion or application

Must include

proposed order

Motions or applications in the listed matters must include a proposed order.

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.

CRITICAL

Applies to

Order of appointment

An Order of Appointment must use the prescribed form.

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

CRITICAL

Applies to

Hearing request

Must include

proposed order

The Court must grant an oral hearing when a timely written motion and proposed order setting the hearing are filed.

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.

CRITICAL

Applies to

Proposed findings

When court findings of fact are requested or required, counsel must submit proposed findings containing the claimed established facts and conclusions of law.

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.

CRITICAL

Applies to

Proposed order

Proposed orders accompanying motions to schedule a hearing, pretrial conference, or trial must leave space for the primary setting and, if desired, a secondary setting.

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.

CRITICAL

Applies to

Praecipe or transcript request

Praecipes and transcript requests must be in writing and filed with the Clerk of the Court.

All praecipes and requests for transcripts shall be in writing and filed with the Clerk of the Court.

CRITICAL

Applies to

Motion

Motions seeking relief under Trial Rules 12, 24, 42, or 60 must be accompanied by a brief.

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.

CRITICAL

Applies to

Provisional order application and response

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.

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.

CRITICAL

Applies to

Verified statement

To show good cause for not closing an estate within one year, submit a verified statement explaining why it cannot be closed and estimating the time needed to close it.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A jury-trial case cannot be assigned until the Court has held a pretrial conference; a party or attorney seeking a jury trial must first file a motion requesting the conference with a proposed order.

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.

CRITICAL

Applies to

Petition

A petition by an out-of-state attorney must disclose all pending Indiana causes in which the attorney has been permitted to appear.

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.

CRITICAL

Applies to

Partial summary judgment motion

A motion for partial summary judgment must be accompanied by proposed findings of fact and conclusions of law.

Motions for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Motion to withdraw appearance

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.

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.

CRITICAL

Applies to

Jury trial transcript request

Praecipes and transcript requests for jury trials must exclude voir dire, opening statements, and closing statements unless those portions are specifically requested.

Such praecipes and requests for transcripts relating to trials by jury shall not include voir dire, opening statements and closing statements unless specifically requested.

CRITICAL

Applies to

Supporting or opposing pleading or memorandum

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.

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.

CRITICAL

Applies to

Motion to withdraw appearance

In an estate, guardianship, or criminal matter, a withdrawal motion must include a hearing notice served on the personal representative, guardian, or criminal defendant and directing that person to appear.

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.

CRITICAL

Applies to

Court entry

If opposing counsel fails or refuses to submit the entry without informing the Court of objections, the preparing attorney must submit it with a letter reporting the failure or refusal, and the Court will accept it without opposing counsel’s signature.

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.

WARNING

Applies to

Notice of motion

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.

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.

WARNING

Applies to

Motion to withdraw appearance

The local withdrawal requirements are waived when the motion is accompanied by successor counsel’s written appearance, or, outside estate, guardianship, and criminal matters, by the client’s written consent.

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.

WARNING

Applies to

Hearing request

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.

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.

INFO

Applies to

Motion

Must include

proposed order

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.

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.