Elkhart County Courts, Indiana Filing Bundling Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.