Elkhart County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An initial written motion to enlarge the time to answer is automatically allowed for 30 days after filing or until two days before a scheduled Case Management Conference, whichever comes first; the rule does not apply to a defendant already in default.
- Except for an initial answer enlargement and requests to change hearing or trial dates, a motion to enlarge response time or modify another deadline must be verified and state the particular grounds, relevant dates, future case dates, and other parties’ positions.
- The Court may extend a deadline when the law allows an extension.
- +19 more
Request must include
- Continuance motions or stipulations must be filed as soon as the cause is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
Page & Word Limits7 rules
A Sur-Reply must not exceed five (5) pages.
- sur-reply
- Up to 5 pages
Reply briefs must not exceed twenty-five (25) pages.
- Reply brief
- Up to 25 pages
Supporting and response briefs (excluding tables of contents, tables of authorities, and appendices) must not exceed twenty-five (25) pages.
- Supporting brief
- Up to 25 pages
- Response brief
- Up to 25 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
The Memorandum in Support of Motions for Summary Judgment and Response Memorandum must contain a Summary of Argument not to exceed two pages and located at the beginning of the Memorandum.
- Summary of argument
- Up to 2 pages
A Motion to Strike and supporting argument must not exceed the page limits outlined in section 207.5.
- Motion to strike and supporting argument
- Up to 25 pages
Any opposition to a Motion to Strike must not exceed the page limits outlined in section 207.5 and must be filed no later than seven (7) calendar days after the Motion to Strike is filed.
- Opposition
- Up to 25 pages
The Court may allow a party to file a brief exceeding these page limits for extraordinary and compelling reasons.
Document Format Requirements34 rules
Non-documentary and oversized exhibits shall not be sent to the Appellate level Court but shall remain in the custody of the trial court during the appeal.
Documents must be printed on one side, meet the stated margin, spacing, and font requirements, and use legible non-script type; italics are permitted for specified material.
- Margins
- At least 1 inch
Court's wording
Printing shall be on one side of the paper. Margins shall be at least one inch (1”). If typewritten, the lines shall be double spaced except for quotations, which shall be indented and single-spaced. Type face shall be twelve (12) font size or larger within the body of the document and ten (10) font size or larger in the footnotes. The font type must be legible and script type shall not be used. Italicized type may be used for quotations, references, or case citations.
Each pleading or motion may include only one issue, and motions making multiple requests are not allowed.
Court's wording
All pleadings or motions shall only include one issue. Motions that make multiple requests are not allowed in that the electronic filing system automatically generates the chronological case summary entry. Only one entry is possible for each pleading.
Each set of words to be inserted or stricken shall be in a separate specification and each specification shall be numbered consecutively.
Documents listed in section 207.2 must be separately and consecutively paginated, with page numbers beginning with page two, placed at the bottom, and showing each page's number relative to the document total.
Court's wording
All the pages of each document listed in section 207.2 must be separately and consecutively paginated. 2. Every page of each document must contain a page number, beginning with page two (2). 3. The page numbers may be affixed to a page by type, stamp, or handwriting. 4. Page numbers must appear at the bottom of the page and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14”; “1 of 14”; “p. 1/14”; “p. 1 of 14”).
5. The entire Designation of Evidence and Table of Contents must be consecutively paginated (that is: “Bates-stamped”) in the manner described in section 207.7, beginning with the caption on page 1.
Proposed orders must have page numbers at the bottom, formatted to show each page’s number in relation to the document’s total pages.
Court's wording
D. contain page numbers that appear in the bottom of the page and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14,” “1 of 14,” “p.1/14,” “p.1 of 14”).
G. provide approximately two inches of blank space provided between the last typed paragraph of the proposed order and the date and signature lines.
Unless a party has prior written leave of Court, all pre-trial motions shall be filed in writing with adequate notice provided to opposing counsel and to the Court.
Pleadings in dissolution, separation, custody, and support proceedings shall be captioned with non- adversarial language in case captioning and pleadings. To facilitate the problem solving and cooperative model, parties shall be referred to using non-adversarial language; that is, “child” “mother,” “father,” “putative father,” “guardian,” “de facto custodians,” “intervenors” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,” and “versus” should not be used in the captions of any family cases involving children. Caption shall be: In Re Marriage of (blank line)
- Pleading
Formatting
- •Do not use “versus” in captions of family cases involving children
Pleadings in paternity proceedings will be captioned with non-adversarial language in case captioning and pleadings. To facilitate the problem solving and cooperative model, parties shall be referred to using non- adversarial language; that is, “child” “mother,” “father,” “putative father,” “guardian, “de facto custodians” “intervenors” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,” and “versus” should not be used in the captions of any family cases involving children. Caption shall be: In Re Paternity of (blank line)
- Pleading
Formatting
- •Do not use “versus” in captions of family cases involving children
Income Withholding Orders must use form found at Income Withholding Order
All parties shall use the forms as drafted. The use of a modified or altered form may result in the pleading or motion being struck from the record or denied.
The name and address of the insurance underwriter as well as the name and address of the insurance agency providing the corporate surety, shall be typed, or printed on all corporate bonds.
All accounts shall follow the prescribed statutory format. Informal, handwritten, or transactional accountings will not be accepted.
All accounts shall follow the prescribed statutory format. Informal, handwritten, or transactional accounts will not be accepted.
In any civil case each party shall tender to the court all proposed preliminary and final instructions at least fourteen (14) days prior to the trial date in electronic format that allows editing.
In any criminal case each party shall tender to the court all proposed preliminary and final instructions at least seven (7) days prior to the trial date in an electronic format that allows editing.
Both formats shall be submitted in an electronic format that allows editing.
Formatting
- •Both formats must be submitted in an electronic format that allows editing
Video participants must use an appropriate background, with guidelines that it be uncluttered and not contain distracting or inappropriate imagery.
Court's wording
Participants appearing by video are required to use an appropriate background or situate themselves in a location with an appropriate background. Guidelines for an appropriate background include, but are not limited to backgrounds that are: 1. clear or clear from clutter. 2. Colors or images that do not distract from the proceeding including but not limited to free from pictures, posters, signage, lettering, etc., that contain offensive or inflammatory language or display images that are pornographic, offensive, or otherwise inappropriate for a courtroom environment.
Under no circumstances should drugs, currency or other dangerous or valuable items be included in appellate records.
Contaminated evidence may be presented to the court as the court may direct, but such contaminated evidence should not be handled or passed to jurors or sent into the jury room unless the court has determined the contaminated evidence has been rendered safe.
A judicial officer may designate pleading and motion forms or layouts, and the Court may strike pleadings that do not conform.
Court's wording
A judicial officer may designate forms and layout for pleadings and motions to promote clarity, efficiency, and judicial economy, and to ensure compatibility and appropriate interface with the Odyssey case management systems. Pleadings not conforming to the designated form or layout may be stricken by the Court pursuant to Trial Rule 88.
In that only non-represented litigants may file paper documents with the Clerk, those documents should be flat and unfolded. Documents shall have no covers or backs.
Pleadings, motions, and other documents shall be either legibly printed or typewritten on white opaque paper so that it is readable. The paper should be eight and one-half inches (8 ½”) in width and eleven inches (11”) in length as required by Administrative Rule 11 and of such strength to withstand being electronically scanned. Any copies, when required, be on white paper of sufficient strength and durability.
All date lines that are left blank should be in the format “Date: (blank line)_______________________ and not: “(blank line) ____ date of (blank line) ___________” this allows the Court and Clerk to utilize the automated date stamp available in the Odyssey Case Management System.
Parties shall utilize digital format in discover matters including, but not limited to interrogatories, requests for production, requests for admissions and other requests for discovery.
Formatting
- •Use digital format
All exhibits shall be marked in advance of trial or as directed by the presiding judicial officer.
Discovery documents must allow answers to be made on the original or added to the electronic document.
Court's wording
A party seeking discovery shall prepare any discovery document so that answers may be made on the original discovery document or if an electronic document in such format that answers may be added to the electronic document.
In same sex marriages non-adversarial language followed by the person’s name, such as: “Husband Smith” and “Husband Jones” or “Wife Smith” and “Wife Jones.”
1. Interrogatories and Request for Production of Documents shall be tailored to the case in which they are served and numbered consecutively to facilitate response.
- Interrogatories
- Request for production
Formatting
- •Tailor the discovery requests to the case in which they are served
- •Number requests consecutively to facilitate response
Document Filing Requirements246 rules
Participants must keep an email address on file and update it; if no email address is available, login instructions are sent through the mail notice system.
Court's wording
Participants are required by the Rules of Trial Procedure to have on file an email address and updates to same, if no e-mail address is available then such log in instructions are sent by the mail notice system as any other notice or order of the court pursuant to TR 86.
Exhibits may only be submitted upon approval of the court and submitted in such a manner as directed by the court.
In civil cases initiated after the Rule's effective date, the initiating party must provide the Clerk with notice copies for each defendant, each plaintiff, and the Court's file when the case is initiated or defendants are added.
Court's wording
For all civil cases initiated after the effective date of this rule, the party initiating the action must provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a copy to be returned to each Plaintiff and a copy for the Court’s file.
Such exhibits shall be identified in the Transcript where they were admitted into evidence.
For all civil cases initiated prior to the effective date but disposed of after the effective date of this rule, the Court must be provided with enough copies of the notice for service on all parties participating in all matters at which tangible evidence was offered or admitted.
At the time of removal, a detailed receipt must be given to the court reporter by the party receiving and removing the evidence; 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 may consider the issue and rule appropriately before trial.
All pleadings must be filed with the Clerk, not directly with the Court, unless Indiana Rules of Court require otherwise.
Court's wording
Regarding paper and electronically filed pleadings, hereinafter referred to as “all pleadings,” pleadings shall be filed with the Clerk, not directly with the Court, unless otherwise required by the Indiana Rules of Court.
Every pleading shall contain a caption setting forth the name of the Court, the title of the action and the case number. If a special judge has been assigned to the case, the pleading should also identify the special judge.
- Document
- Pleading
- Placement
- Caption
Must include
- •Case number
Parties and their counsel are required to comply with the verification requirements of Trial Rule 11, and either the moving party or the party’s attorney of record shall sign, as allowed by Trial Rule 86, all pleadings and motions before filing with the Clerk of the Court.
Proposed forms of order are required for all Motions or other pleadings when there is a request for the court to act in some manner.
It is the requesting party’s responsibility to provide the Elkhart County Sheriff with three copies of any document(s) to be served along with proof of payment for this service.
The Clerk shall not accept any motion, petition, notice or other pleading for filing from an unrepresented litigant unless the unrepresented litigant’s current address, phone number and electronic address appears on the pleading, and an opposing party may serve notices and responses on an unrepresented litigant at any address the party has provided on a pleading.
The initiating party must file a Certificate of Issuance of Summons.
Hearing dates for filings requiring Court action shall be obtained from the Court Clerk or Court Staff as directed by each Judicial Officer and incorporated in the CCS entry at the time the motion or other pleading is filed. If no date is obtained prior to the filing, there should be a date and time blank line.
Every motion, petition, or other pleading filed with the Clerk shall contain the name, organization, physical address, telephone number, and electronic address of the filing party or an attorney for that party.
Note: if e-filing the Return of Service, the filer must specify in the comment field the name of the document(s), the party’s name who service was attempted on, and an indication whether service was either served or not served.
Counsel or an unrepresented party submitting a motion, petition, notice, pleading or proposed order shall indicate the method of service of process.
After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary.
Once service is initiated, a Certificate of Issuance of Summons must be filed.
A. If the plaintiff is not the original creditor, the Affidavit of Debt shall include: 1. A statement by plaintiff (or plaintiff’s counsel, if plaintiff is represented by counsel), that the statute of limitations to bring an action to collect the defendant’s debt has not expired; and, 2. Attached exhibits, which must include: a. A copy of the contract or other writings evidencing the original debt, which must contain the signature of the defendant.
A default judgment motion must provide the specified attorney-fee, non-military-service, amount-supporting, and computation documents.
Court's wording
The following supporting documents shall also be provided: a. Affidavit of Attorney’s Fees and be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees. b. Affidavit of Non-Military Service and supporting documentation as required by the Service Members Civil Relief Act, 50 U.S.C. 3931. c. Written instrument allowing for the recovery of any other amounts sought, including interest rates and other fees; and, d. Attachment showing method of computation used to arrive at the amount requested.
A default judgment motion should generally include an Affidavit of Debt stating, as known or requested by the moving party, the default date, unpaid account balance, and separately enumerated fees.
Court's wording
In addition to the specific requirements set out below in sections 205.2 – 205.6, a Motion for Default Judgment shall generally include the following attachments and information: 1. Affidavit of Debt. The Affidavit of Debt shall include the following information as known or requested by the moving party. a. The default date. b. The unpaid balance of the account; and, c. Any fees, including attorney’s fees or late fees, separately enumerated.
Court costs shall not be added into a general judgment. A separate award and judgment for court costs is required.
A default-judgment motion involving a loan installment contract or repossession must include the listed contract, sale and payment records, fee support, and military-service affidavit.
Court's wording
In cases involving loan installment contracts or repossession, a Motion for Default Judgment shall include the following additional attachments and information: A. A copy of the original signed contract, which must contain the signature of the defendant. B. Documents showing: 1. If the personal property was repossessed and sold, the date and place of sale. 2. Gross amount from sale of personal property. 3. All deductions (itemized) from gross sale amount; and, 4. Any other deductions made (itemized). C. An itemization of all amounts paid on the contract by the debtor. D. Affidavit of Attorney’s Fees or other fees must be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees. E. Affidavit of Non-Military Service.
A default-judgment motion in a personal injury or property damage subrogation case must include the listed affidavit, records, and damages computation.
Court's wording
In cases involving a personal injury and/or property damage subrogation claim, a Motion for Default Judgment shall include the following additional attachments and information: A. Affidavit including: 1. Date of the occurrence; and, 2. Amount of damages requested. B. Copies of all relevant medical bills paid, consistent with Access to Court Records Rules. C. Copies of all relevant repair estimates. D. Affidavit of Non-Military Service. E. Copies of all relevant checks, deposits, receipts, and other similar documents written by the insurance company; and, F. An attachment entitled “Computation of Damages,” showing method of computation used to arrive at the amount requested.
A default-judgment motion involving medical bills must include an Affidavit of Debt identifying each service’s provider and date, the recipient, and the unpaid balance.
Court's wording
In cases involving medical bills, a Motion for Default Judgment shall include the following additional attachments and information: A. Affidavit of Debt must include: 1. original provider and date for each service. 2. Name of the individual to whom each service was provided. 3. Unpaid balance.
A default-judgment motion involving credit card debt must include the specified debt affidavit, fee support, billing statement, military-service affidavit, and damages computation.
Court's wording
In cases involving a credit card debt, a Motion for Default Judgment shall include the following additional attachments and information: A. Affidavit of Debt must include: 1. Charge off date. 2. Original credit card company. 3. Unpaid balance. 4. Date of last payment and amount. 5. Date account was opened. 6. Account number, consistent with Rules to Access to Court Records. 7. Date debtor defaulted on the account. 8. Interest rate requested. 9. Type of account (That is, Visa, department store); and, 10. Late fees, over-limit fees, and any other fee requested, along with a monthly breakdown of each amount. B. Affidavit of Attorney’s Fees must be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees. C. Actual credit card monthly billing statement from the date of last payment or last purchase (whichever is later), showing: 1. original creditor. 2. Debtor’s name. 3. Debtor’s address. 4. Date of last payment and/or purchase. 5. Interest rate; and, 6. All fees requested. D. Affidavit of Non-Military Service; and, E. Attachment showing method of computation used to arrive at the amount requested.
F. Affidavit of Non-Military Service; and,
D. Copy of all assignments (from original provider to Plaintiff);
G. Documentation showing secondary liability if judgment is sought against a person to whom services were not provided (this must be provided for each date of service).
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county; 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
In that only non-represented litigants may file paper documents with the Clerk, those documents should be flat and unfolded. Documents shall have no covers or backs.
In that only non-represented litigants may file paper documents with the Clerk, those documents should be flat and unfolded. Documents shall have no covers or backs.
Page 25 | Rule LR20-TR77-201. Filing, Pleading, and Motions; 201.1. Paper Filing
Unless exempted, the initiating party must file the initial pleadings through the Indiana E-Filing System and pursuant to Trial Rules 4 and 86.
The party filing the initial pleadings (summons, complaint, appearance, excreta) shall (unless exempted) be filed by way of the Indiana E-Filing System and pursuant to Trial Rules 4 and 86.
Page 26 | Rule LR20-TR4-202. Service of Process; 202.1. Summons, Complaint, and Appearance
Exhibits must be submitted through the Elkhart County Courts’ Evidence Portal.
All exhibits shall be submitted through the Evidence Portal adopted by the Elkhart County Courts as stated in the Elkhart County Courts Administrative Rules.
Page 44 | 221.1.1. Marking in Advance
They shall be filed in normal course by e-file if the party is represented by counsel and may be filed in paper form only if the party is not represented by counsel.
They shall be filed in normal course by e-file if the party is represented by counsel and may be filed in paper form only if the party is not represented by counsel.
Page 45 | 225.2 Filing of Proceedings Supplemental and Interrogatories
An attorney entering an appearance for a party or an unrepresented defendant must file a written appearance electronically under Indiana Trial Rule 3.1.
An attorney entering an appearance on behalf of any party, or defendant appearing unrepresented shall file a written appearance electronically as provided by and in accordance with Rule 3.1 of the Indiana Rules of Trial Procedure.
Page 48 | Rule LR20-CR1.3-305. Appearance, Withdrawal, and Presence of Defendants
Discovery requests and responses must not be filed with the Court or Clerk unless a discovery dispute arises.
Discovery requests and responses shall not be filed with the Court or Clerk unless a dispute arises regarding said discovery.
Page 49 | Rule LR20-CR00-CRDD-306.1
Unless exempted, the party filing initial pleadings must file them through the Indiana E-Filing System under Trial Rules 4 and 86.
The party filing the initial pleadings (summons, complaint, appearance, etc.) shall (unless exempted) file by way of the Indiana E-Filing System and pursuant to Trial Rules 4 and 86.
Page 67 | Rule LR20-TR4-414. Service of Process.
The signed agreement and a separate proposed order containing the relevant agreement terms in imperative form and Trial Rule 72(D) distribution and delivery instructions must be e-filed with the Court.
The signed agreement shall be e-filed with the Court. A separate proposed Order including the relevant portions of the agreement in imperative form shall also be e-filed. The proposed Order shall include instructions regarding the distribution and delivery of the Order pursuant to Trial Rule 72(D).
Page 74 | 416.2. Trial Rule 58
When an agreement provides for a money judgment against a party, a Notice of Judgment must be e-filed.
In the event a money judgment is to be rendered against any party by agreement such as a child support arrearage, property equalization payment, and/or attorney fees, a Notice of Judgment shall be e-filed.
Page 74 | 416.2. Trial Rule 58
Specified agency and CASA reports, court-ordered assessments, and evaluations must be electronically filed by 4:00 p.m. on the Friday before the hearing.
All Indiana Department of Child Services, Probation and Court Appointed Special Advocate (CASA) reports, court ordered assessments and evaluations shall be electronically filed with the Court not later than 4:00 p.m. on the Friday before the scheduled hearing.
Page 79 | Rule LR20-JV00-NAJV-430. Juvenile Reports, Assessments and Evaluations
Probate Court notice requirements must also comply with the Local Rules for Electronic Filing.
Notice requirements in the Probate Court must also comply with the Local Rules for Electronic Filing.
Page 93 | Rule LR20-PR00-601. Notice; 601.6. Electronic Filing
All Probate Court filings must comply with the Local Rules for Electronic Filing.
All filings in the Probate Court must comply with the Local Rules for Electronic Filing.
Page 96 | Rule LR20-PR00-602. Filing of Pleadings—602.1. Compliance
The electronic version is the official record, and the Clerk must convert any submitted paper document to an electronic version upon receipt.
The official record of any document submitted is the electronic version of the document, the Clerk shall convert any paper document submitted to an electronic version as soon as same is received by the Clerk.
Page 27 | 202.8. Documents
When the Court directs submission of the specified case-management materials, they must be submitted electronically as directed by the Court.
At any time, the court may direct the parties to submit a detailed statement of contentions, each party’s position on those contentions, witness lists with summaries of each witness’ anticipated testimony, each exhibit that may be offered at trial, same submitted electronically as directed by the court.
Page 74 | 417. Case Management
Unrepresented parties are not subject to Trial Rule 86’s electronic filing requirements.
The filing of documents by an unrepresented party (also referred to as a self-represented party and pro se litigant) is not subject to the electronic filing requirements of Trial Rule 86.
Page 81 | Rule LR20-SC00-502. General Procedure
A judicial officer may permit an Emergency Detention application to be submitted electronically, and an authorized judicial officer may endorse it electronically.
At the discretion of the judicial officer, an application may be submitted to the court in electronic format. A judicial officer authorized to issue a warrant in the county in which the individual whose detention is sought is present may endorse the application electronically.
Page 46 | Rule LR20-AR00-227. Electronic Endorsement of Mental Health Commitments
Some documents, including inheritance tax returns, may be filed on paper when required and may be submitted to the Clerk for transmittal to the Court when necessary.
Some documents, such as inheritance tax returns, may be filed in paper format if required. When necessary, such documents may be filed with the Clerk for transmittal to the Court.
Page 96 | Rule LR20-PR00-602. Filing of Pleadings—602.2. Paper Pleadings
Filing Timing and Cure Windows
The required notice copies must be provided to the Clerk when a civil case is initiated or when additional defendants are added.
For all civil cases initiated after the effective date of this rule, the party initiating the action must provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a copy to be returned to each Plaintiff and a copy for the Court’s file.
Page 23 | 111.6. Notification and Disposition
The initial answer-enlargement motion must be filed no later than the original answer due date.
For this rule to be applicable, the motion must be filed on or before the original due date.
Page 32 | 206.5. Initial Enlargement of Time for Answer
The initial answer extension runs for 30 days from filing or ends two days before a scheduled Case Management Conference, whichever occurs first.
An initial written motion for enlargement of time to file an Answer shall be automatically allowed for an additional thirty (30) days from the filing of the motion, or until two (2) days before the Case Management Conference, if set by the court, whichever is earlier.
Page 32 | 206.5. Initial Enlargement of Time for Answer
A response brief to a motion other than a motion for injunction relief or a restraining order must be filed within 30 days after service of the motion.
A party must file any response brief to a motion (other than Motions for Injunction Relief or Restraining Orders) within 30 days after the motion is served.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
The moving party must file a reply brief within ten days after service of the response.
The moving party must file any reply brief within 10 days after the response is served.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
A Request to file a Sur-Reply must be filed no later than five (5) days after service of a Reply.
A Request to file a Sur-Reply must be filed no later than five (5) days after service of a Reply.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
If the request is granted, the sur-reply must be filed within ten days after the request is granted.
If the Request is granted, the Sur-Reply must be filed within 10 days after the Request was granted.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
A response to a Motion for Injunctive Relief or Restraining Order must be filed within seven days after service of the motion or application.
Any response to a Motion for Injunctive Relief or for a Restraining Order must be filed within 7 days after the motion or application is served.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
An opposition to a Motion to Strike must be filed no later than seven calendar days after the Motion to Strike is filed.
Any opposition to a Motion to Strike must not exceed the page limits outlined in section 207.5 and must be filed no later than seven (7) calendar days after the Motion to Strike is filed.
Page 34 | 207.6. Motions to Strike Designations Submitted in Support of or Opposition to Motions for Summary Judgment and Motions to Strike Summary Memoranda
A party objecting to a Supplemental Designation must file any Motion to Strike within seven days of the motion to file the designation.
A party objecting to such a Supplemental Designation must file its Motion to Strike, if any, within seven (7) days of the Motion to File a Supplemental Designation of Evidence.
Page 34 | 207.6. Motions to Strike Designations Submitted in Support of or Opposition to Motions for Summary Judgment and Motions to Strike Summary Memoranda
After the Court strikes a covered filing as defective, it may allow a cure within 120 hours; a cure submitted within 120 hours of the striking order, excluding days the Court is closed, is deemed timely as of the original filing.
If the Court strikes, as a defective filing, a party’s Motion, Designation of Evidence and Table of Contents, Memorandum, or other filing related to this Local Rule, the Court may allow the party to cure the defective e-filing within One hundred twenty (120) hours. If the party submits a cured document within one hundred twenty (120) hours of the striking Order, excluding days the Court is closed, the document is deemed timely filed as of its original filing.
Page 35 | 207.8(B) Defective Filing
Unless the Court directs otherwise or grants leave, proposed orders in emergency matters must be filed within 48 hours after the hearing.
Unless otherwise directed or given leave of the Court, proposed Orders in emergency matters shall be filed within forty-eight (48) hours after a hearing;
Page 37 | 208.3. Orders Following Other Hearings
Proposed orders in non-emergency matters must be filed within seven days, computed under Indiana Trial Rule 6.
proposed Orders in other matters shall be filed within seven (7) days as computed by Indiana Trial Rule 6.
Page 37 | 208.3. Orders Following Other Hearings
Failing to file an answer or reply brief on time waives the right to that brief and subjects the motion to summary ruling.
Failure to file an answer brief or reply brief within the time prescribed shall be deemed a waiver of the right thereto and shall subject the motion to summary ruling.
Page 40 | 216.1. Supporting Memorandum of Law
Requests for special instructions must be submitted by the start of trial, or earlier if the Court orders.
All requests for special instructions tendered in accordance with Trial Rule 51 shall be submitted to the Court not later than the commencement of the trial or in advance of trial if ordered by the Court.
Page 44 | 221.2. Instructions Requested at Commencement of Trial
Interrogatories must be returned to the issuing party, not the court, and may be filed with the court only upon an application for garnishment or another final order.
Interrogatories shall not be returned to the court, but to the Party issuing the interrogatories and only filed with the court upon application for garnishment or other final order.
Page 45 | 225.2 Filing of Proceedings Supplemental and Interrogatories
Post-judgment proceedings must wait until 30 calendar days after entry of the final decree or judgment, unless the Court waives the wait for undue harm or a court rule or statute provides otherwise.
Post-judgment proceedings shall not be instituted until thirty (30) calendar days have elapsed since the entry of a final decree or judgment in the records of the Clerk of the Court. The Court may waive this requirement where it is shown that a party will be unduly harmed by its enforcement or where a rule of court or statute specifically provides otherwise.
Page 45 | 225.1. Post-Judgment Proceedings
The parties have seven days to file a written agreement selecting a special judge.
As required by Trial Rule 79(D), the parties shall have seven (7) days within which to file a written agreement:
Page 45 | Rule LR20-TR79-223. Special Judge Selection
After the qualifying notation in the Chronological Case Summary, the parties must attempt to agree on a special judge within seven days.
Within seven (7) days of the notation in the Chronological Case Summary of a judge granting a motion for change of judge or recusing or disqualifying from a case pursuant to Trial Rule 79(C) or otherwise, the parties shall attempt to select a special judge by agreement.
Page 45 | Rule LR20-TR79-223. Special Judge Selection
A 72-hour Mental Health Commitment signed by a judicial officer must be filed in the Civil Division on the next regular business day.
All seventy-two (72) hour Mental Health Commitments signed by any Judicial Officer shall be filed in the Civil Division the next regular business day.
Page 46 | 227.2
Service and Proof of Service Rules
The Court must notify attorneys of record and unrepresented parties that evidence will be destroyed if not timely retrieved, by mail or as otherwise provided.
The Court must provide notice, by mail, or as otherwise provided, to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed pursuant to this Rule if not timely retrieved.
Page 23 | 111.6. Notification and Disposition
The notice referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a party first appears in a case in all cases filed after the effective date of this Rule.
The notice referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a party first appears in a case in all cases filed after the effective date of this Rule.
Page 23 | 111.6. Notification and Disposition
For civil cases filed before the Rule's effective date, actual notice may be given at specified disposition or destruction times when possible; for cases with a disposition over ten years earlier or where actual notice is impossible, the Court must annually publish and post notice.
The notice referred to above, for all civil cases filed prior to the effective date of this Rule, may be actual notice, if possible issued at the time of a final disposition in the case or, if a final disposition has been entered prior to the effective date of this Rule, at the time the evidence is scheduled for destruction: Provided, however, that for those civil cases in which a final disposition was entered at the trial level more than ten (10) years prior to the effective date of this notice, or with respect to which it is not possible to give actual notice, the Court shall annually issue notice of intent to destroy evidence by publication in a newspaper of general circulation within Elkhart County, posting at the County Courthouse(s).
Page 23 | 111.6. Notification and Disposition
A party offering biologically contaminated evidence must serve the pretrial notice on all parties.
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 may consider the issue and rule appropriately before trial.
Page 24 | 111.7. Biological Contaminated Evidence
After the signed Summons is returned and the Sheriff service fee is paid to the Clerk, the initiating party must deliver the documents to the Elkhart County Sheriff for service.
Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Elkhart County Sheriff to be served.
Page 26 | Rule LR20-TR4-202. Service of Process; 202.1(B). By Elkhart County Sheriff
When service of process uses certified mail, the return receipt card must be returned to the initiating party, who then files it with the Clerk.
If the certified mail service of process is utilized, the initiating party must cause the return receipt card to be returned to the initiating party, not returned to the Clerk, the initiating party then files same with the Clerk.
Page 26 | Rule LR20-TR4-202. Service of Process; 202.1(A). Certified Mail, Private Process, Publication, other Methods
After serving documents, the Elkhart County Sheriff must forward them to the Clerk for entry into the Chronological Case Summary.
Once the document(s) are served by the Elkhart County Sheriff, the Elkhart County Sheriff shall forward the document(s) to the Clerk for entry into the Chronological Case Summary.
Page 27 | 202.1
Parties requesting notice from the Clerk must provide sufficient notice copies and stamped, addressed envelopes bearing the recipients’ names and addresses.
Whenever the Clerk is required by rule or statute to give notice, the party or parties requesting such notice shall furnish the Clerk with sufficient copies of the notice to be given, along with stamped, addressed envelopes with the names and the addresses of the parties or their counsel to whom such notice is to be given.
Page 27 | 202.6. Service by the Clerk
Parties must demonstrate that service was effected in the manner most likely to ensure actual notice to the person or entity served.
Parties are required to demonstrate that service was affected by the manner most likely to ensure actual notice to the person or entity served.
Page 27 | 202.7. Service
A person entitled to service who is not registered or cannot access the IEFS must be served under Trial Rule 4.
A person who has not registered or otherwise cannot access the IEFS but who is entitled to service of a paper or pleading in a matter shall be served in accordance with Trial Rule 4.
Page 27 | 202.4. Serving Non-Registered Persons
Counsel and unrepresented parties appearing after the original complaint must promptly notify all other counsel and unrepresented parties and file proof of notice.
Counsel and unrepresented parties appearing after the filing of the original complaint shall forthwith notify all other counsel of record and unrepresented parties of such appearance and file proof of such notice.
Page 39 | 214.1. Appearances
Unless an exception applies, the party must receive ten days' notice before the attorney withdraws.
Unless authorized by the party in open Court or in writing or upon appearance of other counsel, an attorney will be permitted to withdraw his appearance for a party only after filing a Motion to Withdraw and providing the party ten (10) day notice pursuant to Trial Rule 3.1(H).
Page 39 | 214.2. Withdrawal of Appearance
A party filing a mortgage foreclosure action must serve the resident with a copy of the Mortgage Foreclosure Notice.
A party filing a mortgage foreclosure (MF) cause of action shall cause to be served on the resident a copy of the Notice Concerning Mortgage Foreclosure, Mortgage Foreclosure Notice.
Page 40 | 216.3.1. Notice to Parties in Mortgage Foreclosure (MF) Causes of Action
When an unrepresented party faces an opposing party's summary judgment motion, moving counsel must serve that party with a notice.
Notwithstanding any other rule of court, if a party is proceeding as unrepresented and an opposing party file a motion for summary judgment, counsel for the moving party must serve a notice upon the unrepresented party. Summary Judgment Notice
Page 40 | 216.3.2. Notice to Unrepresented Parties Regarding Trial Rule 56 Motions
A deposition may not be scheduled on less than ten days’ notice unless counsel agree or the court otherwise authorizes it.
Unless agreed by counsel or otherwise authorized by the court, no deposition shall be scheduled on less than ten (10) days’ notice.
Page 41 | Rule LR20-TR26-218.4. Scheduling of Depositions
Discovery requests must be served on the parties and should not be filed with the Court unless connected to a dispute about compliance with prior discovery requests.
As required by the Trial Rules, requests for discovery shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.
Page 41 | Rule LR20-TR26-218.1. Filing with the Court
When requesting entry of a default judgment, the moving party must demonstrate that service was perfected on the parties against whom default is sought.
At the time of the request for entry of a default judgment under Trial Rule 55, the moving party must demonstrate that service has been perfected on the party or parties against whom default is sought.
Page 41 | Rule LR20-TR55-217. Default Judgments
A party intending to appear through a designated representative must notify all other parties of that intention and the designee’s identity at least ten days before the mediation or settlement conference.
Any party intending to appear by a designated representative shall advise all other parties to the mediation or settlement conference of that fact and of the identity of the designee not fewer than ten (10) days prior to the commencement of the mediation or settlement conference.
Page 42 | Rule LR20-TR16-219.3. Alternative Dispute Resolution
Interrogatories to the garnishee-defendant must be served as permitted for other discovery.
Interrogatories to the garnishee-defendant shall be served as allowed for any other Discovery.
Page 45 | 225.2 Filing of Proceedings Supplemental and Interrogatories
Motions to quash or limit a grand jury subpoena must be served on the Prosecuting Attorney no later than seven days before the appearance or production date, subject to the stated good-cause exception for a later filing.
Motions to quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than seven (7) days prior to the appearance or production date unless good cause exists for a later filing.
Page 47 | Rule LR20-AR1-303. Assignment of Criminal Cases
Filing Fees and Waivers
The fee for service of process by the Sheriff must be paid to the Clerk before the documents are delivered for service.
Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Elkhart County Sheriff to be served.
Page 26 | Rule LR20-TR4-202. Service of Process; 202.1(B). By Elkhart County Sheriff
The moving party must pay accrued costs and the transfer fee to the Clerk within ten days after the transfer order is entered.
When a change of venue from the County is granted, all accrued costs and the fee for transfer must be paid to the Clerk by the moving party within ten (10) days after the transfer order is entered.
Page 44 | 222.1. Payment of Transfer Fee
If the referenced fee is not paid, the motion is deemed abandoned and the case returns to this Court’s docket.
In the absence of such payment, the movant will be deemed to have abandoned the motion so the Clerk will not perfect the change, the cause will be restored to the docket of this Court, and this Court shall resume general jurisdiction of the cause in accordance with Trial Rule 76.
Page 45 | 222.2. Failure to Pay Fee
All petitions to abate or modify child support orders which are filed by child support payor shall include a statement of the amount of the arrearage, if any, owed by petitioner in child support, and in the payment of the Clerk's annual fee for the collection and distribution of child support
All petitions to abate or modify child support orders which are filed by child support payor shall include a statement of the amount of the arrearage, if any, owed by petitioner in child support, and in the payment of the Clerk's annual fee for the collection and distribution of child support
Page 73 | 415.10. Arrears Statement
The Clerk must collect a $20 alternative dispute resolution fee from every party filing a petition for legal separation, paternity, or dissolution of marriage under Indiana Code 31, subject to later modification.
The Clerk of the Court shall collect from every party filing a petition for legal separation, paternity, or dissolution of marriage action under Indiana Code 31 an alternative dispute resolution fee of twenty dollars ($20); as such amount may be modified from time to time.
Page 77 | Rule LR20-FL00-424. Alternative Dispute Resolution Fee
The State’s Title IV-D Office is exempt from filing fees.
E. The State’s Title IV-D Office is exempt from filing fees.
Page 78 | Rule LR20-FL00-425. Title IV-D Court
A defendant who has not timely paid costs, fines, or civil penalties is subject to a $25 late payment fee; the rule defines who qualifies as a defendant.
Rule LR20-AR00-903. Late Payment Fee for Court Costs, Fines and Civil Penalties A. Pursuant to Indiana Code 33-37-5-22, the Courts of Elkhart County adopt a late payment fee in the sum of twenty-five ($25.00) for defendants who have not tendered timely payment of costs, fines, or civil penalties. B. For the purposes of this local rule, an individual who has committed a crime, violated a statute defining an infraction, violated an ordinance of a municipal corporation, or committed a delinquent act, is defined as a “defendant.”
Page 105 | Rule LR20-AR00-903. Late Payment Fee for Court Costs, Fines and Civil Penalties
Intra-state and inter-state probation transfer fees must be paid to the Clerk of the Court; the amounts are in the fee schedule.
901.2. Transfer Fees Transfer fees shall be payable to the Clerk of the Court as follows: B. Intra-State probation transfer fee Fee Schedule C. Inter-State probation transfer fee Fee Schedule
Page 105 | Rule LR20-AR00-901. Intent and Scope of Fee Schedule
A non-indigent defendant must pay a $25 late fee to the Clerk if costs, a fine, or a civil penalty is not paid in full by the later of the end of the business day when judgment is entered or the end of the applicable payment-schedule period.
904.1. Assessment of Late Payment Fee A defendant who is required to pay court costs (including fees), a fine, or civil penalty and who has not been determined by the Court imposing the costs, fine, or civil penalty to be indigent shall pay, in addition to the costs, fine or civil penalty, a late payment fee in the sum of twenty-five dollars ($25.00) to the Clerk of the Court if the defendant fails to pay the costs, fine or civil penalty in full before the later of the following: (a) the end of the business day on which the Court enters the conviction or judgment; or (b) the end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties adopted for the operation of the Courts of Elkhart County.
Page 105 | 904.1. Assessment of Late Payment Fee
The Clerk must assess and collect the $25 late payment fee unless a court order suspends it, and may take appropriate collection steps, including retaining counsel.
904.2. Clerk to Assess and Collect Late Payment Fee When a defendant meets the criteria described in LR20-AR00-903, the Clerk shall assess and collect a late payment fee in the sum of twenty-five dollars ($25.00) unless the late payment fee is suspended by Court order. The Clerk may take all appropriate steps to collect late payment fees, including without limitation the retention of legal counsel to effectuate collection proceedings.
Page 106 | 904.2. Clerk to Assess and Collect Late Payment Fee
EFSPs must collect a varying e-filing convenience fee, approximately 3.5% in 2019, which cannot be recovered as court costs but may otherwise be recoverable by contract or statute.
E-Filing Service Providers (EFSP’s) charge varying rates in the form of a “convenience fee.” All EFSP’s are required to collect this fee (which, in 2019, was approximately 3.5%) when e-filing. The EFSP’s then forward this amount to the State to help defray the costs related to the credit card processing fees incurred by the State’s system. Some EFSP’s will charge an additional fee on top of this convenience fee. Convenience fees shall not be recoverable as part of court costs. Convenience fees may otherwise be recoverable by contract or statute.
Page 38 | 211.5. E-Filing “Convenience Fee”
If a case is accepted with an incorrect designation, the court may order re-docketing and require the filing party to pay a re-docketing fee.
Should a case be accepted with an incorrect designation, the court may order the matter to be re-docketed with the correct case type designation and may require that the filing party pay a re-docketing fee.
Page 39 | 212.2.1. Failure to Designate
Participants may be assessed fees for Court-referred services, payable to the entity providing those services.
Participants may be assessed a fee for services received because of referrals made by the Court including, without limitation, mental health services, substance abuse and addictions health services, and monitoring services. Fees for those services are payable to the entity providing the services.
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
Participants may be responsible for all chemical testing fees.
Participants admitted to the Elkhart County Drug Court may be responsible for all chemical testing fees.
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
Elkhart County Drug Court fees must be collected and used in accordance with Indiana Code 33-23-16-23.
All Elkhart County Drug Court fees shall be collected and utilized in accordance with Indiana Code 33-23-16-23.
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
Specific Drug Court fees are governed by the Elkhart County Courts' Administrative Code fee schedule.
Specific fees to be paid per Administrative Code of the Elkhart County Courts see: Fee Schedule
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
Participants may be assessed a monthly Drug Court user fee starting in their second month of participation.
Participants admitted to the Elkhart County Drug Court may be assessed a user fee for each month of their participation in the Elkhart County Drug Court beginning the second month of participation.
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
Participants may be responsible for the cost of any confirmatory test.
Participants may be responsible for the cost of any confirmatory test.
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
Participants may be assessed an administration fee for initial Drug Court services upon admission.
Upon admission into the Elkhart County Drug Court, participants may be assessed a drug court administration fee for the initial drug court services.
Page 59 | Rule LR20-PSCR16-312. Problem Solving Court-Drug Court
The referenced fee schedule covers probation, problem-solving court, pretrial release, GPS, house-arrest, and miscellaneous fees.
901.1. Probation Fees, Problem Solving Court Fees, Pretrial Release Fees, GPS and House Arrest Fees, and Other Miscellaneous Fees: Fee Schedule
Page 105 | Rule LR20-AR00-901. Intent and Scope of Fee Schedule
Sealing & Redaction Procedures
For a motion, petition, or pleading excluded from public access, the parties and counsel must follow Trial Rule 5(G)’s filing requirements.
Where a motion, petition, or other pleading is excluded from public access under the Rules to Access to Public Record, the parties and their counsel are required to comply with the filing requirements of Trial Rule 5(G).
Page 26 | Rule LR20-TR77-201. Filing, Pleading, and Motions; 201.3.7. Restricted Access
The Clerk must maintain pre-indictment filings concerning a grand jury under seal if the Court orders it.
All pre-indictment motions, orders and other filings pertaining to matters before that grand jury shall bear that case number and shall be maintained by the Clerk under seal if ordered by the Court.
Page 47 | Rule LR20-AR1-303. Assignment of Criminal Cases
Documents containing confidential information must comply with the applicable access-to-records rules, and attorneys and unrepresented parties must file both public and non-public access versions.
The filing of documents containing confidential information is subject to the requirements of the Indiana Rules on Access to Court Records, and such other rules as promulgated by the Supreme Court. Confidential information includes, but is not limited to, medical records, medical bills, complete social security numbers, and complete account numbers for financial records such as bank accounts. Attorneys and unrepresented parties are required to file a Public Access Version and Non-Public Access Version of documents containing confidential information.
Page 81 | Rule LR20-SC00-502. General Procedure
A sealed inventory must be held and protected according to Court policy and procedures.
If the inventory is sealed, it shall be held and protected according to Court policy and procedures.
Page 98 | 604.3. Sealed Inventory
Where appropriate, a sealed affidavit is to be filed with the Court in substantially the form as provided by the Court.
Where appropriate, a sealed affidavit is to be filed with the Court in substantially the form as provided by the Court.
Page 100 | Rule LR20-PR00-609.5. Statutory Sealed Affidavit
If the personal representative wishes to file an inventory under seal, the Court may seal it in its sole discretion.
If the personal representative wishes to file an inventory under seal, the Court may, in its sole discretion, seal such inventory.
Page 98 | 604.3. Sealed Inventory
Filing Bundling Requirements
A motion asserting Trial Rule 12 defenses must be filed separately from the Answer, and the Court will not rule on those defenses until the separate motion is filed.
A motion to dismiss asserting Trial Rule 12 defenses must be filed separately from the Answer. The Court will not rule on defenses asserted under Trial Rule 12 until the party who raised the defense files a motion separate from its Answer.
Page 32 | 206.8. Trial Rule 12 Defenses
Motions must be filed separately from other pleadings, proposed orders, and other motions; combined filings will be stricken.
Motions must be filed separately from other pleadings, proposed Orders, and other motions. Otherwise, such motions are considered “dual pleadings,” and will be stricken from the Record.
Page 32 | 206.7. Motions Must Be Filed Separately
A summary-judgment motion, its supporting memorandum, designation of evidence and table of contents, response memorandum, and reply memorandum must each be filed separately.
The following documents must be filed separately: 1. Motion for Summary Judgment. 2. Memorandum in Support. 3. Designation of Evidence and Table of Contents. 4. Response Memorandum; and 5. Reply memorandum.
Page 33 | 207.2. Separate Documents
A sur-reply may not be filed with or attached to the request for permission to file it.
A Sur-Reply may not be filed with, nor attached to, the Request.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
Motions must be filed separately, except alternative motions may be combined in one pleading if each is named in the title following the caption.
Motions must be filed separately, but alternative motions may be filed in a single pleading if each is named in the title following the caption.
Page 33 | 207.2. Separate Documents
The moving party must file any Motion to Strike when it files the Reply Memorandum.
At the time a Reply Memorandum is filed, the moving party’s Motion to Strike, if any, must also be filed.
Page 34 | 207.6. Motions to Strike Designations Submitted in Support of or Opposition to Motions for Summary Judgment and Motions to Strike Summary Memoranda
If the non-moving party files a Motion to Strike, it must be filed when the Response to Motion for Summary Judgment is filed.
At the time a Response to Motion for Summary Judgment is filed, the non-moving party’s Motion to Strike, if any, must also be filed.
Page 34 | 207.6. Motions to Strike Designations Submitted in Support of or Opposition to Motions for Summary Judgment and Motions to Strike Summary Memoranda
Each motion must be separate, but alternative motions may be filed together if each is identified in the caption.
Each motion shall be separate, while alternative motions filed together shall each be identified on the caption.
Page 40 | 216.1. Supporting Memorandum of Law
A party filing a memorandum in support of a motion should file it at the same time as the motion.
If a party desires to file a memorandum in support of any motion, the memorandum should be filed simultaneously with the motion.
Page 31 | 206.3. Briefs and Memoranda Regarding Motions
Pre-Motion Conference Requirements
Before seeking amendment, the moving attorney must advise opposing counsel of the motion’s substance and state counsel’s position or that the matter may be submitted without hearing or briefing; if opposing counsel objects, the moving attorney must request a hearing date.
All motions to amend pleadings must contain a written representation of the moving party’s attorney that the attorney has advised opposing counsel of the substance of the motion and that opposing counsel either consents or objects to the motion or that the motion may be submitted for ruling by the Court without hearing or briefing. Upon being advised of opposing counsel’s objection, the moving party’s attorney shall request a date for hearing.
Page 31 | 206.1. Motions to Amend Pleadings
At a hearing on a Trial Rule 12 or 56 motion, counsel for each represented party must appear in person or through local co-counsel.
Whenever the Court schedules a hearing on a motion pursuant to Trial Rule 12 or 56, counsel for all represented parties shall appear in person or by local co-counsel at such hearing.
Page 40 | 216.5. Appearance by Counsel at Scheduled Hearings
For other motions or matters submitted to the Court, an adverse party wishing to respond must do so within fifteen days of service, consistent with Indiana Rules of Procedure.
In all other motions or matters submitted to the Court, and so long as consistent with Indiana Rules of Procedure, an adverse party wishing to respond shall do so within fifteen (15) days of service.
Page 40 | 216.1. Supporting Memorandum of Law
An adverse party has thirty days after service of a motion to serve and file an answer brief.
An adverse party shall have thirty (30) days after service of the motion in which to serve and file an answer brief.
Page 40 | 216.1. Supporting Memorandum of Law
Before moving to compel discovery, seek sanctions, or seek protection against discovery, counsel must personally consult and make good-faith attempts to resolve the relevant disagreement.
To promote the orderly and expeditious handling of cases to trial readiness, counsel shall attempt in good faith to resolve all disagreements between or among themselves concerning the necessity for and scope of discovery, the necessity to seek sanctions, and protection against discovery under Trial Rule 26 through Trial Rule 37. After personal consultation and good faith attempts to resolve differences as to the foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek protection against discovery as aforesaid.
Page 41 | Rule LR20-TR26-218.5. Discovery Disputes
Unless good cause is shown, a party opposing a dispositive motion must file a response no later than 30 days, including a factual explanation supporting denial and a sufficient memorandum of law.
Unless good cause is shown, the responding party opposing such dispositive motions shall file no later than thirty (30) days a response which contains a factual explanation as to why denying the motion is appropriate accompanied by a sufficient memorandum of law.
Page 51 | Rule LR20-CR00-307. Dispositive Motions, Motions to Suppress, Other Motions
Cases assigned to the Tailored or Judicial/Specialized Pathways in the listed categories must have a Problem-Solving Settlement Conference.
A Problem-Solving Settlement Conference is required for the following cases if they are assigned to the Tailored or Judicial/Specialized Pathways: Domestic Relations (DR), Domestic Relations with Children (DC), Domestic Relations without Children (DN), Juvenile Paternity (JP), Guardianship (GU), Adoption (AD), Grandparent Visitation (GV), and Third-Party Custody (MI).
Page 63 | 406.1. When Required
When parents disagree about parenting time, they must enter mediation under the cited Parenting Time Guidelines before filing with the Court.
If there is a disagreement concerning parenting time, then the parents shall enter mediation pursuant to Indiana Parenting Time Guidelines Section 1 (E) (2) prior to filing with the court.
Page 64 | 408.1. Mediation
A recipient may move for a protective order or to strike specific interrogatories only after full Trial Rule 26(F) compliance; the motion must be scheduled for hearing and does not extend the answer time for unobjectionable interrogatories.
2. The recipient of Interrogatories may file a Motion for Protective Order (Trial Rule 26(C)) or a Motion to Strike specific interrogatories after fully complying with Trial Rule 26(F). Any such Motion shall be scheduled for hearing and does not extend the time for answering unobjectionable Interrogatories.
Page 69 | Rule LR20-TR26-415. Discovery: Disclosures Required in Child Support and Maintenance: Financial Disclosures
Trial Rule 26(F)'s informal-resolution requirement is strictly enforced, and the Court may deny a discovery motion for noncompliance.
1. The informal resolution requirement of Trial Rule 26(F) shall be strictly enforced. The Court may deny any discovery motion filed pursuant to Trial Rule 27-37, if the moving party has not complied fully with Trial Rule 26(F).
Page 70 | Rule LR20-TR26-415. Discovery: Disclosures Required in Child Support and Maintenance: Financial Disclosures
After at least one email and one telephone call seeking a discovery dispute conference, no response within seven days of the last attempt creates a presumption of reasonable efforts and permits a motion to compel; the efforts and results should be stated in the motion.
3. If an attorney sends at least one email and makes at least one telephone call seeking a discovery dispute conference, but opposing counsel does not respond within seven days from the last attempt, it shall be presumed that reasonable efforts have been made and a Motion to Compel may be filed. Such efforts and their results should be clearly stated in the Motion to Compel. Sanctions for the non-responding party and attorney fees will be considered when appropriate.
Page 70 | Rule LR20-TR26-415. Discovery: Disclosures Required in Child Support and Maintenance: Financial Disclosures
Sur-replies are disfavored and may be filed only with court permission in extraordinary circumstances.
Sur-Replies are disfavored and will only be permitted with leave of the court in extraordinary circumstances.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
The parties should request hearing dates.
Hearing dates should be requested by the parties.
Page 40 | 216.2. Hearing; Hearing Date; Opposing Memorandum
Dispositive motions filed after the omnibus date may not be given a hearing before trial.
Such motions, filed after the omnibus date, may not be given a hearing prior to trial.
Page 51 | Rule LR20-CR00-307. Dispositive Motions, Motions to Suppress, Other Motions
The Court generally disfavors waivers of the settlement-conference requirement, which should be sought only in the most exceptional circumstances.
In general, the Court shall not favor waivers of this requirement, and waivers are to be sought only in the most exceptional of circumstances.
Page 63 | 406.2. Waiver of Problem-Solving Settlement Conference
If a party does not address the settlement-conference requirement, the Court may require an explanation within a stated period.
Failure to address the issue of a Problem-Solving Settlement Conference in any manner is cause for the Court to require, within a stated period, an explanation of the failure to address the requirement.
Page 63 | 406.2. Waiver of Problem-Solving Settlement Conference
A waiver of a Problem-Solving Settlement Conference may be requested when domestic or family violence, or other mitigating circumstances, create safety fears; a judicial officer may order a waiver and Family Court Services staff may recommend one.
The Elkhart County Unified Family Court recognizes there may be situations in which it could be dangerous for parties to conduct a Problem-Solving Settlement Conference. When domestic/family violence is present within a case, or other mitigating circumstances that cause one or more parties to fear for their mental, emotional, or physical safety in a one-on-one meeting with another party, a waiver may be requested. The judicial officer may also issue an order waiving this requirement, and Family Court Services staff may also recommend waiving a Problem-Solving Settlement Conference in the Triage Assessment or after conducting a Family Needs Interview.
Page 63 | 406.2. Waiver of Problem-Solving Settlement Conference
The Court may excuse mediation for good cause, but a waiver request must include a detailed written statement with sufficient facts and weight; waivers are disfavored and should be sought only exceptionally.
The Court may excuse the requirement for good cause shown. There must be a detailed written statement of sufficient fact and weight for the court to waive this rule. All individuals are advised that the Courts do not favor requests for waiver from the requirements of this rule, and that waiver requests should be sought only in exceptional instances and not as a matter of course.
Page 64 | 408.2. Exceptions
The moving party may file a reply brief if the Court approves.
Subject to Court approval, the moving party may file a reply brief.
Page 40 | 216.1. Supporting Memorandum of Law
After Bundling, Triage, and Pathway Assignment are complete, the Court may order an assisted or unassisted settlement conference and may order multiple conferences during the case.
The Court may order a Problem-Solving Settlement Conference, assisted or unassisted, at any time immediately following the completion of Bundling, Triage, and Pathway Assignment processes in a case, and may order multiple conferences to occur during the life of a case.
Page 64 | 406.3. Court Ordered Problem Solving Settlement Conferences
Adjournment & Extension Requirements
An initial written motion to enlarge the time to answer is automatically allowed for 30 days after filing or until two days before a scheduled Case Management Conference, whichever comes first; the rule does not apply to a defendant already in default.
An initial written motion for enlargement of time to file an Answer shall be automatically allowed for an additional thirty (30) days from the filing of the motion, or until two (2) days before the Case Management Conference, if set by the court, whichever is earlier. This rule shall not apply if the defendant requesting the motion has already been defaulted on.
Page 32 | 206.5. Initial Enlargement of Time for Answer
Except for an initial answer enlargement and requests to change hearing or trial dates, a motion to enlarge response time or modify another deadline must be verified and state the particular grounds, relevant dates, future case dates, and other parties’ positions.
A motion for enlargement of time to file any response (other than to file an Initial Enlargement to Answer a Complaint as permitted in section 206.5 of this rule), and a motion to modify any other deadline (other than hearing dates or trial dates) shall be verified, shall state the grounds for the requested relief with particularity, shall state the date the original response is due, shall state the new date the moving party proposes for the response is to be due, shall list all future conferences, hearings and trial dates set in the case, and shall state whether the other parties agree with or object to the motion.
Page 32 | 206.6. Enlargement/Modification of Time/Deadlines for All Matters Other Than an Initial Enlargement to Answer a Complaint
A stipulation to continue a conference, hearing, or trial must state the grounds with particularity and be signed by all attorneys of record.
The stipulation to continue the conference, hearing or trial of any pending matter shall state, with particularity, the grounds for the continuance and must be signed by all attorneys of record.
Page 37 | 210.3. By Stipulation of Counsel
Continuance motions or stipulations must be filed as soon as the cause is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
Motions or stipulations for continuance of a conference, hearing or trial shall be filed as soon after the cause for continuance or delay is discovered, and no later than seven (7) days before the date set, unless the reason is shown by affidavit to have occurred within the seven (7) day period.
Page 37 | 210.4. Time for Filing
Unless made during the conference, hearing, or trial, a continuance motion must be verified, state its grounds and the other parties’ positions, and list and describe the case’s presently set deadlines and events.
A motion for continuance of a court conference, hearing or trial, unless made during the conference, hearing or trial, shall be verified, stating the grounds with particularity, and shall state whether the other parties agree with or object to the motion. The motion shall include a list and a description of all deadlines and conferences, hearings/trial dates presently set in the case.
Page 37 | 210.1. Motion
A motion for a continuance must be in writing and state its grounds.
All motions for continuances shall be in writing and shall specifically set forth the grounds asserted for such a motion.
Page 43 | 220.3. Continuances of Trial Settings
A continuance under the general rule cannot be granted within seven days of the hearing or trial unless a Judicial Officer approves it.
However, a continuance under this subsection shall not be granted within seven (7) days of the hearing or trial, unless approved by a Judicial Officer.
Page 83 | Rule LR20-TR53.5-508. Continuances
In a case involving possession of real estate or personal property, a defendant cannot receive a continuance of a hearing or trial without good cause and Judicial Officer approval.
Except on good cause shown and approval by a Judicial Officer, no continuance of a hearing or trial will be granted to a defendant where the case involves possession of real estate or personal property.
Page 83 | Rule LR20-TR53.5-508. Continuances
All motions for continuance must be made in writing with service to all other parties.
All motions for continuance must be made in writing with service to all other parties.
Page 83 | Rule LR20-TR53.5-508. Continuances
A continuance motion for proceedings supplemental will not be granted without good cause shown and Judicial Officer approval.
Except on good cause shown and approval by a Judicial Officer, no motion for continuance of a proceedings supplemental will be granted.
Page 83 | Rule LR20-TR53.5-508. Continuances
The party obtaining a continuance must timely notify all other parties that the matter was continued and provide the new hearing or trial date and time.
The party obtaining a continuance shall notify all other parties to the case in a timely fashion that the matter has been continued, and of the new date and time for the hearing or trial.
Page 83 | Rule LR20-TR53.5-508. Continuances
A continuance request must be submitted by pleading or motion and state whether all other parties were contacted and whether they agree or oppose.
Parties requesting a continuance shall submit a Pleading or Motion to the Court and shall indicate whether they have contacted all other parties and shall indicate in the pleading or motion the agreement or opposition to the request for continuance.
Page 102 | 611.2. Continuances
The Court may extend a deadline when the law allows an extension.
The Court may extend a deadline, if allowed by law.
Page 33 | 207.4. Time Limit for Filing a Motion, Response, or Reply
The Court may, in its discretion, require the requesting party to sign a written continuance motion or stipulation in addition to the attorney.
The Court, in its discretion, may require any written motion or stipulation for continuance to be signed by the party requesting the continuance, in addition to the party’s attorney’s signature.
Page 37 | 210.2. Party Signing Requirement
The Court determines the rescheduled dates for all continued matters.
All matters continued shall be rescheduled as determined by the Court.
Page 37 | 210.6. Rescheduling
The Court has discretion to grant or deny a continuance motion or stipulation.
The Court in its discretion may grant or deny a motion or stipulation for continuance of a conference, hearing or trial.
Page 37 | 210.5. Court’s Discretion
A party is entitled to a trial continuance if not timely served with the Notice of Claim or Notice of Counterclaim.
A party is entitled to a continuance of a trial if they have not been timely served with a Notice of Claim or Notice of Counterclaim.
Page 82 | Rule LR20-TR4-505. Service of Claims and Counterclaims
The Court may grant an oral motion for continuance at the beginning of a hearing or trial upon a showing of good cause.
On a showing of good cause, the Court may grant an oral motion for continuance at the beginning of a hearing or trial.
Page 83 | Rule LR20-TR53.5-508. Continuances
Except for the stated exceptions, each party may receive one continuance as a matter of right without showing good cause.
Except as provided in paragraphs (B) and (D) below, each party to a case may be granted one (1) continuance as a matter of right without showing good cause.
Page 83 | Rule LR20-TR53.5-508. Continuances
The parties may agree to reset proceedings supplemental without a court order; if either party then fails to appear, the proceeding must be dismissed and neither party may be sanctioned for that failure.
In any proceedings supplemental the parties may agree to reset the proceedings supplemental without a court order to appear. If either party fails to appear at the reset proceedings supplemental, the proceedings supplemental shall be dismissed and no sanctions shall be issued against either party for the failure to appear.
Page 90 | Rule LR02-TR69-515(I). Agreements to Appear
Chambers Communication Rules
Counsel or an unrepresented party who reasonably anticipates being late for a scheduled hearing or trial must immediately notify the court.
Should an occasion arise when counsel or a party proceeding without an attorney reasonably anticipates that the person will be late for a scheduled hearing or trial, they shall immediately notify the court.
Page 12 | Rule LR20-AR00-103. Court Hours and Scheduling
Counsel and parties must keep the Court informed of their current addresses.
Counsel and parties have a duty to keep the Court informed of their current addresses
Page 23 | 111.6. Notification and Disposition
For filings requiring Court action, obtain the hearing date from the Court Clerk or Court Staff as directed by the Judicial Officer.
Hearing dates for filings requiring Court action shall be obtained from the Court Clerk or Court Staff as directed by each Judicial Officer and incorporated in the CCS entry at the time the motion or other pleading is filed.
Page 26 | Rule LR20-TR77-201. Filing, Pleading, and Motions; 201.4.2. Hearing Dates and Date Lines
Except for motions to correct error and motions unlikely to require a hearing, the moving party must schedule a hearing as directed by the Judicial Officer, obtain the date and time from the Clerk or calendar personnel, and coordinate the date with opposing counsel or unrepresented parties.
Except for motions to correct error, or motions not likely to require a hearing, all motions shall be scheduled for hearing as directed by each Judicial Officer. It shall be the responsibility of the moving party or counsel for the moving party to secure the date and time of the hearing from the Clerk or Court personnel who maintain the calendar for each Judicial Officer. It shall also be the responsibility of the moving party or counsel for the moving party to coordinate the hearing date with all opposing counsel or unrepresented parties.
Page 27 | 204.1. Scheduling Motions for Hearings
The directed party must prepare the proposed order timely and advise the applicable judicial officer’s chambers when it has been prepared and filed.
The party so directed shall prepare the proposed order in a timely manner and, upon filing, shall advise the chambers of the applicable judicial officer that the proposed order has been prepared and filed.
Page 37 | 208.3. Orders Following Other Hearings
If the moving party’s counsel or an unrepresented moving party will not attend a proceeding supplemental hearing in person, they must notify the Court in writing of the substitute or local counsel who will attend.
If at the time of filing of a proceeding supplemental or any time thereafter, counsel for the moving party or a party proceeding without an attorney determines that he or she will not attend the hearing in person, counsel or the moving party shall notify the Court in writing of the substitute or local counsel who will attend the hearing.
Page 46 | 225.3. Notification of Appearance; Local Counsel
If a matter resolves before its evidentiary hearing, the parties must notify the Court and all witnesses, probation officers, or case workers.
If a matter is set for hearing and is resolved before the evidentiary hearing, then the parties shall notify the Court and all witnesses, probation officers or case workers that the matter has been resolved.
Page 79 | Rule LR20-JV00-NAJV-431. Juvenile Court Scheduling
A party intending to call witnesses other than Probation or DCS staff at these hearings must notify the Court and specified opposing participants within seven days, or another time set by the Court.
Parties shall inform the Court within seven (7) days or such time as the Court determines, If the party intends to call witnesses other than Probation or the Indiana Department of Child Services staff at such hearings; and said party shall inform the opposing counsel and the guardian ad litem or non- represented party within the same time limits.
Page 79 | Rule LR20-JV00-NAJV-428. Juvenile Dispositional, Modification of Disposition, Progress Reports, Placement Review Hearings
A second setting must be prepared to proceed to an evidentiary hearing, with seven days’ notice before the setting.
Any second setting shall be prepared to proceed to evidentiary hearing with notice of seven (7) days prior to the scheduled setting.
Page 79 | Rule LR20-JV00-NAJV-431. Juvenile Court Scheduling
For matters requiring a hearing, parties must contact the Court to schedule it before submitting an order.
Parties will contact the Court to schedule a hearing for all matters filed with Court, requiring the same prior to the submission of any Order, parties will leave all matters requiring a hearing incomplete, all Orders submitted in final form prior to the day of the scheduled hearing, will be rejected.
Page 102 | 611.1. Filings and Orders
For other matters expected to require a hearing longer than 20 minutes, counsel or an unrepresented party should contact the assigned judicial officer’s chambers to arrange a hearing date and time, subject to the court’s calendar.
Other matters that will require a hearing reasonably estimated to last more than twenty (20) minutes will be scheduled as the Court’s calendar allows. Counsel or a party proceeding without an attorney should contact the chambers of the assigned Judge or other Judicial Officer as appropriate to arrange for an appropriate hearing date and time.
Page 12 | Rule LR20-AR00-103. Court Hours and Scheduling
Complaints about the timeliness of a disposition must be made to the referring court.
C. Complaints regarding the timeliness of any disposition shall be made to the referring court.
Page 20 | Rule LR20-AR00-109. Organization of the Superior Court; 109.4. Magistrate Judges
If the stated conditions are met, an interested party may seek informal resolution by ex parte request to the Administrative Judge, or to another judge if the Administrative Judge is the judge who failed to rule.
If a Judge or Magistrate fails to set a motion for hearing or fails to rule on a motion within the time period specified in Trial Rule 53.1(A), and if no action has been taken as provided in Trial Rule 53.1(D) or (E), an interested party may seek an informal resolution of the Judge’s failure by making an ex parte request to the Administrative Judge of Elkhart Circuit and Superior Court. If the Judge who has failed to rule is the Administrative Judge of the Elkhart Circuit and Superior Court, an interested party may make the request to one of the other Judges of the Elkhart Circuit and Superior Court.
Page 37 | Rule LR20-TR53.1-209. Failure to Rule –Informal Procedure
For a qualifying deposition objection, a party may seek an immediate ruling by telephone or court-authorized electronic means, subject to the judicial officer’s availability and discretion; parties must first confer in good faith and report their efforts if court action is needed.
Where an objection is raised during the taking of a deposition which threatens to prevent the completion of the deposition and which counsel have a good faith belief is susceptible to resolution by the court without the submission of written materials, any party may recess the deposition for the purpose of submitting the objection by telephone or other electronic means as allowed by the court to a judicial officer for a ruling instanter, subject to the availability of and within the discretion of the judicial officer. Prior to contacting a judicial officer for such a ruling, all parties shall in good faith confer, or attempt to confer, to resolve the matter without court intervention and, if court action is necessary, the parties shall inform the judicial officer of the efforts taken to attempt to resolve the matter.
Page 42 | Rule LR20-TR26-218.5. Discovery Disputes
An attorney seeking a discovery dispute conference must make at least one email attempt and at least one telephone-call attempt under the stated procedure.
3. If an attorney sends at least one email and makes at least one telephone call seeking a discovery dispute conference, but opposing counsel does not respond within seven days from the last attempt, it shall be presumed that reasonable efforts have been made and a Motion to Compel may be filed.
Page 70 | Rule LR20-TR26-415. Discovery: Disclosures Required in Child Support and Maintenance: Financial Disclosures
Use the county website or court-and-clerk directory for local court contact information, and contact the local court with questions about jury duty, court dates, or unavailable case documents.
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
Court staff handle all scheduling, and specific hearing dates may be requested.
All scheduling shall be done by Court staff. Specific dates for hearing may be requested.
Page 79 | Rule LR20-JV00-NAJV-431. Juvenile Court Scheduling