Elkhart County Courts, Indiana Electronic Filing Rules

CRITICAL

Applies to

Signed agreement and proposed order

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).

CRITICAL

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.

CRITICAL

Applies to

Discovery requests and responses

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Exhibits

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.

CRITICAL

Applies to

Initial pleadings

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of judgment

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.

CRITICAL

Applies to

Initial pleadings

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.

CRITICAL

Applies to

Written appearance

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.

CRITICAL

Applies to

Probate court 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.

CRITICAL

Applies to

Reports assessments and evaluations

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.

WARNING

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.

WARNING

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.

WARNING

Applies to

Court directed case management materials

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.

INFO

Applies to

Emergency detention application

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.

INFO

Applies to

Some documents including inheritance tax returns

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.