Elkhart County Courts, Indiana Chambers Communication Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

WARNING

Contact

Email

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.

WARNING

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.

WARNING

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.

WARNING

Contact

Phone

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.

WARNING

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.

INFO

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.

INFO

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.