Elkhart County Courts, Indiana Filing Rules

The transcript must identify non-documentary and oversized exhibits where they were admitted into evidence.

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 required notice copies must be provided to the Clerk when a civil case is initiated or when additional defendants are added.

Video participants must use an appropriate background, with guidelines that it be uncluttered and not contain distracting or inappropriate imagery.

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.

The fee for service of process by the Sheriff must be paid to the Clerk before the documents are delivered for service.

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.

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.

A second setting must be prepared to proceed to an evidentiary hearing, with seven days’ notice before the setting.

A party filing a memorandum in support of a motion should file it at the same time as the motion.

The Summary of Argument in the specified memoranda may not exceed two pages.

For a motion, petition, or pleading excluded from public access, the parties and counsel must follow Trial Rule 5(G)’s filing requirements.