Elkhart County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Appearance form

Each counsel or party must file an appearance form containing mailing, telephone, cellular phone, and email contact information.

Each counsel or party shall file an appearance form that includes a mailing address, telephone number, cellular phone numbers and email address.

CRITICAL

Applies to

Petition

In an adult-incapacity guardianship hearing, the person must be present unless the petition presents sufficient evidence that the person cannot appear.

In all guardianship matters seeking to declare an adult incapacitated for any reason, the incapacitated person shall be present at the hearing or sufficient evidence shall be presented, by the petition, showing that the incapacitated person is unable to appear.

CRITICAL

Applies to

Certificate of issuance of summons

A Certificate of Issuance of Summons must be filed once service is initiated.

Once service is initiated, a Certificate of Issuance of Summons must be filed.

CRITICAL

Applies to

Exhibit

Remove earlier exhibit letters or numbers unless they are needed to authenticate an earlier document; in that case, retain the earlier marking and also identify the exhibit by its new letter in the Table of Contents.

6. If any document contains an Exhibit Letter or Exhibit Number from an earlier filing, the earlier letter or number must be removed to avoid confusion. However, when necessary to authenticate an earlier document, the earlier letter or number must remain on that document, and the Exhibit must also contain and be identified in the Table of Contents by the new Exhibit Letter.

CRITICAL

Applies to

Request for deviation

A party seeking an order that deviates from the Child Support Schedule calculation must set forth facts supporting the deviation.

A party seeking an order which deviates from the Child Support Schedule calculation shall set forth facts supporting the deviation.

CRITICAL

Applies to

Motion to amend pleadings

A motion to amend pleadings must include the attorney’s written representation about advising opposing counsel and counsel’s position or the possibility of submission without hearing or briefing.

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.

CRITICAL

Applies to

Initial motion for enlargement of time to answer

The initial answer-enlargement motion must include the service date, response due date, required statements about timeliness and default status, any scheduled Case Management Conference date, and a proposed answer deadline at least two days before that conference if set.

The motion shall include: the date on which the Defendant was served with the Complaint and Summons; the date Defendant’s response to Plaintiff’s Complaint is due; a statement that the motion is filed prior to the original date Defendant’s response is due; a statement that the Defendant has not been defaulted; the date on which the Case Management Conference, if set by the court, is currently set to be conducted; and the new proposed deadline for the Defendant to file the Answer (which shall be at least two days before the scheduled Case Management Conference, if set by the court).

CRITICAL

Applies to

Motion for subsequent proceedings supplemental

A motion for subsequent proceedings supplemental must allege new facts and state how the defendant’s financial circumstances have changed since the last hearing.

Subsequent Proceedings Supplemental must follow the holding in Branham v Varble & Norman Chastain, 952 N.E.2nd 744 (Ind 2011) Indiana Judicial Branch: Appellate Decisions that states in part that no subsequent proceedings supplemental may be filed without alleging new facts; that is, the Motion must set forth circumstances that have changed since the last hearing regarding the defendant’s financial status.

CRITICAL

Applies to

Chronological case summary

For installment-loan or repossession cases, the chronological case summary filed with a default-judgment request must include the specified contract, payment, repossession or sale, and notice information.

F. Installment Loan Contract/Repossession. In cases involving installment loan contracts or repossession, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. A copy of the original contract with the defendant’s signature. 2. An itemization of all amounts paid on the contract by the defendant. 3. If the personal property was repossessed: a. The date of repossession. b. The current location of the property. 4. If the personal property has been sold: a. The date and location of the sale. b. The gross amount of the sale proceeds. c. An itemization of all deductions/charges from the gross sale proceeds. d. The amount of the gross sale proceeds applied to the account balance. 5. Copies of all notices to the defendant regarding repossession and/or sale of the vehicle.

CRITICAL

Applies to

Order

Before filing an order, parties must notify all other parties involved in the matter.

Prior to the filing of any Order, parties shall provide notice to all other parties involved in the matter and will have filed with the Court proper pleadings to support said Order.

CRITICAL

Applies to

Proposed jury instructions

Each proposed instruction must cite legal authority.

Any proposed instruction shall contain a citation of legal authority for the proposed instruction.

WARNING

Applies to

Exhibit return request

After a non-criminal case is decided with no appeal, or all appeals are exhausted, an attorney may request in writing the return of client-owned exhibits.

In non-criminal cases, after a case is decided and no appeal is taken, or after all appeals are exhausted, an attorney may request in writing the return of the exhibits which are the property of their client.

WARNING

Applies to

Appraisal for sale of assets

A written appraisal is not required for assets that are securities traded on a recognized stock exchange, including stocks, bonds, and mutual funds.

No written appraisal shall be required for the sale of assets which are securities traded on a recognized stock exchange. Such assets include, but are not limited to, stocks, bonds, and mutual funds.

WARNING

Applies to

Chronological case summary entry

The CCS entry is electronically generated using the proper text code.

The Chronological Case Summary (CCS) entry is electronically generated utilizing the proper text code.

WARNING

Applies to

Pretrial order

At a pre-trial conference, the Court may set deadlines, provide proposed dates, schedule further conferences, or require a pre-trial order.

At the pre-trial conference, the Court may designate deadlines for discovery, dispositive motions, or alternative dispute resolution. The Court may also provide the parties with proposed dates for trial, additional pre-trial conferences, and/or require the filing of a pre-trial order.

WARNING

Applies to

Motion to compel

Such efforts and their results should be clearly stated in the Motion to Compel.

Such efforts and their results should be clearly stated in the Motion to Compel.

WARNING

Applies to

Exhibit return receipt

The Court Reporter must file a detailed receipt when exhibits are returned.

A detailed receipt shall be filed by the Court Reporter evidencing the return of any exhibits.

WARNING

Applies to

Intermediate accounting

The Court may require the personal representative to file an intermediate accounting.

In addition, the Court reserves the power to require the personal representative to file an intermediate accounting with the Court.

WARNING

Applies to

Proposed order and form

Proposed orders and forms requiring a judicial officer’s signature must include a signature line reading “Judicial Officer Elkhart Superior Court”.

All proposed orders and forms requiring the signature of a judicial officer shall have a signature line for “Judicial Officer Elkhart Superior Court”.

WARNING

Applies to

Advisement of rights

E. Advisement of Rights all self-represented litigants shall be provided an Advisement of Rights as adopted by the Elkhart Superior Court in the initial pleadings by the Plaintiff if represented by counsel or by the Clerk of the Court or Court Staff if not represented by counsel and at each subsequent hearing.

E. Advisement of Rights all self-represented litigants shall be provided an Advisement of Rights as adopted by the Elkhart Superior Court in the initial pleadings by the Plaintiff if represented by counsel or by the Clerk of the Court or Court Staff if not represented by counsel and at each subsequent hearing.

WARNING

Applies to

Case initiating filing

At the time of filing, the party initiating the case should properly designate the case type in the case number pursuant to Administrative Rule 8.

At the time of filing, the party initiating the case should properly designate the case type in the case number pursuant to Administrative Rule 8.

WARNING

Applies to

Statement

If an estate remains open after one year, the personal representative must file a statement explaining why if the Court requests one.

Whenever an estate cannot be closed within one (1) year, the personal representative shall file a statement with the Court stating the reasons why the estate has not been closed if requested by the Court.

WARNING

Applies to

Standard financial disclosure

A detailed financial disclosure is not required in every case; the standard disclosure is used when requested by a party or ordered by the Court, and a request should be made in initial pleadings.

A detailed financial disclosure is not always needed in every case, especially those cases in the Streamlined Pathway or in other pathways when there are little financial resources and minimal debt. The standard Financial Disclosure adopted herein is to be utilized when requested by a party or by court order and direction. Utilization of this financial disclosure may be addressed in the court’s initial case management order and request for the standard financial disclosure herein adopted should be made in initial pleadings with the court.

WARNING

Applies to

Motion for consideration of bundling

Any party, including by not limited to Guardian Ad Litem. CASA, attorney’s representing a party, or any other professional involved with the children and family may initiate a request for review of cases for bundling. Such Motion for Consideration of Bundling should be filed in each case contemplated for bundling.

Any party, including by not limited to Guardian Ad Litem. CASA, attorney’s representing a party, or any other professional involved with the children and family may initiate a request for review of cases for bundling. Such Motion for Consideration of Bundling should be filed in each case contemplated for bundling.

WARNING

Applies to

Court directed submission

The Court may direct the parties to submit specified contentions, positions, witness materials, and potential trial exhibits 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.

WARNING

Applies to

Proposed order

The proposed-order rule does not apply to judgments on jury general verdicts or decisions announced by the Court; noncompliance may result in summary denial of the motion.

B. This local rule does not apply to judgments on general verdicts of the jury or upon a decision announced by the Court. Failure to comply with this local rule may result in the motion being summarily denied.

WARNING

Applies to

Temporary restraining order motion

2. Temporary Restraining Order-Relocation of Children may be issued if there is an allegation that removal of children would result if no immediate order were issued. Such allegations should be detailed and substantial.

2. Temporary Restraining Order-Relocation of Children may be issued if there is an allegation that removal of children would result if no immediate order were issued. Such allegations should be detailed and substantial.

WARNING

Applies to

Chronological case summary

Unrepresented parties are responsible for keeping their addresses updated in the chronological case summary in every case in which they are a party.

An unrepresented party is solely responsible for keeping their addresses updated in the chronological case summary for all cases in which they are a party.

WARNING

Applies to

Proposed jury instructions

Failure to comply with the rule is deemed a waiver of the party's right to tender instructions.

Failure to comply with this rule shall be deemed a waiver by a party of the right to tender instructions.

WARNING

Applies to

Designation of evidence

When no evidence is designated, a separate Designation of Evidence and Table of Contents are not required.

If no evidence is designated, no separate Designation of Evidence or Table of Contents is required.

WARNING

Applies to

Extraordinary fee petition

Extraordinary fee petitions are set for hearing with notice to interested parties, but the Court may decide a hearing is unnecessary if all interested parties sign the specified waiver and consent.

All petitions under this section will be set for hearing, with notice to all interested parties. If all interested parties sign a waiver and consent stating they have been advised that the additional fee request exceeds the Court’s guidelines and that the services as detailed are extraordinary, the Court may, in its discretion, determine whether a hearing is required.

WARNING

Applies to

Party contact information

All parties must provide a mailing address, phone number, and email address.

All parties are required by Trial Rule 3 (A)(1) to provide a mailing address, phone number and e-mail address.

WARNING

Applies to

Summons and complaint

A filing without a case type designation on each summons and complaint may be rejected or stricken in its entirety.

If a filing is presented without a case type designation on each summons and complaint, the entire filing may be rejected or stricken.

WARNING

Applies to

Pleading

Counsel or an unrepresented party should submit a proper pleading to request a trial date or to schedule a pre-trial or case-management conference.

Trial settings will be scheduled by the Judge or other Judicial Officer as appropriate. Counsel or a party proceeding without an attorney should submit a proper pleading to request a trial date, to schedule a pre- trial conference or case management conference.

WARNING

Applies to

Temporary restraining order motion

For a marital-property temporary restraining order based on injury absent an immediate order, the allegations should be detailed and substantial.

1. Temporary Restraining Order-Marital Property if there is an allegation that an injury would result to the moving party if no immediate order were issued. Such allegations should be detailed and substantial.

WARNING

Applies to

Written release recommendation

Written release recommendations must be provided to the court before the Initial Hearings.

provide written release recommendations to the court prior to the Initial Hearings

WARNING

Applies to

Dispositive motion

The court will not ordinarily set the specified motions for hearing unless the motion includes a factual explanation supporting the requested relief and a sufficient memorandum of law.

The court will not ordinarily set for hearing any motion to dismiss, motion to suppress, motion in limine (where the grounds therefore are known prior to trial), or other such dispositive motion, unless the motion contains a factual explanation as to why the granting of such is appropriate and is accompanied by a sufficient memorandum of law.

INFO

Applies to

Request for oral argument

The Judicial Officer decides whether to allow oral argument unless a rule requires it, but a party may request argument by separate written motion filed contemporaneously or before the Court rules.

Unless otherwise required by these rules or any other rules of Court issued by the Indiana Supreme Court, it is within the sound discretion of the assigned Judicial Officer whether to allow oral argument; however, any party may file a request for oral argument by filing a written request by separate motion contemporaneously or at any time before the Court has ruled upon the motion or pleadings to be argued.

INFO

Applies to

Request for hearing on motion to correct error

The Judicial Officer decides whether to hold a hearing on a motion to correct error, but a party may request one by filing a separate written motion before the Court rules.

It is within the sound discretion of the assigned Judicial Officer whether a hearing shall be held on a motion to correct error; however, any party may request a hearing upon a motion to correct error by filing a written request by separate motion at any time before the Court has ruled upon such Motion.

INFO

Applies to

Supplemental designation of evidence

Upon motion, the Court may permit a party to file a Supplemental Designation of Evidence supporting the Reply Memorandum.

Upon a motion, the Court may permit a party to file a Supplemental Designation of Evidence in support of the Reply Memorandum.

INFO

Applies to

Court document

Documents should designate the court in which the matter is filed.

Documents should designate the court in which the matter is filed.

INFO

Applies to

Deed

A deed arising within an estate or guardianship does not require a judge’s signature.

A judge’s signature is not required on a deed arising within an estate or guardianship.

INFO

Applies to

Pleading

Pleadings should include a party’s preferred pronoun when requested.

Pleadings should include when requested the preferred pronoun of a party.

INFO

Applies to

Proposed jury instructions

The court may, in its discretion, permit additional proposed final instructions after the evidence closes, in editable electronic format.

The Court may in its discretion permit the parties to submit additional proposed final instructions after the closing of the evidence in electronic format that allows editing.

CRITICAL

For every petition to appoint or modify a guardianship for a minor, the petitioner’s attorney must question the parties about circumstances reportable to the Court under the cited statutes.

In every petition for the appointment or modification of a guardianship for a minor, the attorney representing the petitioner shall question the parties as to the circumstances that must be reported to the Court under Indiana Code 29-3-2-7, Indiana Code 31-14-14-6, Indiana Code 31-17-2-26, Indiana Code 31-17-4-11 and Indiana Code 31-17-5.

CRITICAL

Applies to

Appearance form

Each counsel or party must file an appearance form containing the specified contact information.

Each counsel or party shall file an appearance form that includes a mailing address, telephone number, cellular phone numbers and email address. The form may be found at: Indiana Rules of Trial Procedure Appendix B of those Rules of Trial Procedure.