Elkhart County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

Thereafter, unless a contrary order is issued by the Court, all accountings shall be filed biennially.

Thereafter, unless a contrary order is issued by the Court, all accountings shall be filed biennially.

CRITICAL

Unless the Court orders otherwise, a receiver must file an inventory and appraisal as soon as practicable and no later than 28 days after taking possession, including a separate inventory schedule for assets held by others.

Unless the Court otherwise orders, a receiver or similar officer, as soon as practicable after appointment and not later than twenty-eight (28) days after he or she has taken possession of the estate, shall file an inventory and an appraisal of all the property and assets in the receiver’s possession or in the possession of others who hold possession as his or her agent, and in a separate schedule, and inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

CRITICAL

Interrogatories must be returned to the issuing party, not the court, and may be filed with the court only upon an application for garnishment or another final order.

Interrogatories shall not be returned to the court, but to the Party issuing the interrogatories and only filed with the court upon application for garnishment or other final order.

CRITICAL

Specified reports, assessments, and evaluations must be filed by 4:00 p.m. on the Friday before the scheduled 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.

CRITICAL

After the Court strikes a covered filing as defective, it may allow a cure within 120 hours; a cure submitted within 120 hours of the striking order, excluding days the Court is closed, is deemed timely as of the original filing.

If the Court strikes, as a defective filing, a party’s Motion, Designation of Evidence and Table of Contents, Memorandum, or other filing related to this Local Rule, the Court may allow the party to cure the defective e-filing within One hundred twenty (120) hours. If the party submits a cured document within one hundred twenty (120) hours of the striking Order, excluding days the Court is closed, the document is deemed timely filed as of its original filing.

CRITICAL

Matters requiring a hearing must be left incomplete, and final orders submitted before the scheduled hearing date will be rejected.

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

Unless the Court directs otherwise, a receiver must file an initial report within 28 days after the inventory and further reports every three months until discharged.

Within twenty-eight (28) days after the filing of inventory, and at regular intervals of three (3) months thereafter until discharged, unless the Court otherwise directs, the receiver or other similar officer shall file reports of the receipts and expenditures and of his or her acts and transactions in an official capacity.

WARNING

Motions are subject to deadlines established by statute and the Indiana Rules of Trial Procedure.

All motions are subject to the deadlines provided by statute and the Indiana Rules of Trial Procedure.

CRITICAL

The initial answer-enlargement motion must be filed no later than the original answer due date.

For this rule to be applicable, the motion must be filed on or before the original due date.

CRITICAL

Requests for special instructions must be submitted by the start of trial, or earlier if the Court orders.

All requests for special instructions tendered in accordance with Trial Rule 51 shall be submitted to the Court not later than the commencement of the trial or in advance of trial if ordered by the Court.

CRITICAL

A response brief to a motion other than a motion for injunction relief or a restraining order must be filed within 30 days after service of the motion.

A party must file any response brief to a motion (other than Motions for Injunction Relief or Restraining Orders) within 30 days after the motion is served.

CRITICAL

The moving party must file a reply brief within ten days after service of the response.

The moving party must file any reply brief within 10 days after the response is served.

CRITICAL

The Pretrial Order shall be filed with the Court at least five (5) days or as ordered by the court, before the date of trial.

The Pretrial Order shall be filed with the Court at least five (5) days or as ordered by the court, before the date of trial.

CRITICAL

Failing to file an answer or reply brief on time waives the right to that brief and subjects the motion to summary ruling.

Failure to file an answer brief or reply brief within the time prescribed shall be deemed a waiver of the right thereto and shall subject the motion to summary ruling.

CRITICAL

Motions to quash or limit a grand jury subpoena must be filed at least seven days before its appearance or production date, unless good cause supports a later filing.

Motions to quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than seven (7) days prior to the appearance or production date unless good cause exists for a later filing.

CRITICAL

Deadline

48 hours

Unless the Court directs otherwise or grants leave, proposed orders in emergency matters must be filed within 48 hours after the hearing.

Unless otherwise directed or given leave of the Court, proposed Orders in emergency matters shall be filed within forty-eight (48) hours after a hearing;

CRITICAL

A Request to file a Sur-Reply must be filed no later than five (5) days after service of a Reply.

A Request to file a Sur-Reply must be filed no later than five (5) days after service of a Reply.

CRITICAL

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

For all civil cases initiated after the effective date of this rule, the party initiating the action must provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a copy to be returned to each Plaintiff and a copy for the Court’s file.

CRITICAL

The pretrial order required by this rule shall be filed with the Court no later than fourteen (14) days, or such time as the court may order, before the scheduled trial date.

The pretrial order required by this rule shall be filed with the Court no later than fourteen (14) days, or such time as the court may order, before the scheduled trial date.

CRITICAL

After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary.

After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary.

CRITICAL

Deadline

10 calendar days

A motion for proceedings supplemental may be filed only after 10 calendar days have elapsed from judgment, unless the Court orders otherwise.

A motion for proceedings supplemental may not be filed until ten (10) calendar days have elapsed since the date of judgment except by order of the Court.

CRITICAL

A defendant who does not waive the excess amount of a counterclaim beyond Small Claims Court monetary jurisdiction must timely file it as a separate case on the plenary docket of the Elkhart Superior Court Civil Division.

A defendant who has a counterclaim more than the monetary jurisdiction of the Small Claims Court and does not wish to waive the excess amount of the counterclaim, must file the counterclaim in a timely fashion as a separate case on the plenary docket of the Elkhart Superior Court Civil Division.

CRITICAL

Deadline

7 calendar days

An opposition to a Motion to Strike must be filed no later than seven calendar days after the Motion to Strike is filed.

Any opposition to a Motion to Strike must not exceed the page limits outlined in section 207.5 and must be filed no later than seven (7) calendar days after the Motion to Strike is filed.

CRITICAL

The response period for a discovery request does not begin until the Court approves the request, in whole or in part.

The time for responding to the discovery request shall not commence until such time as the Court approves the discovery request, in whole or in part.

CRITICAL

When an individual or corporate fiduciary has been appointed to handle the financial affairs of a protected person, an accounting shall be filed within thirty (30) days after the first anniversary of the date the

When an individual or corporate fiduciary has been appointed to handle the financial affairs of a protected person, an accounting shall be filed within thirty (30) days after the first anniversary of the date the

CRITICAL

The estate fiduciary must prepare an inventory within two months after appointment.

An inventory shall be prepared by the fiduciary in an estate within two (2) months following the date of appointment of the fiduciary.

CRITICAL

Proposed orders in non-emergency matters must be filed within seven days, computed under Indiana Trial Rule 6.

proposed Orders in other matters shall be filed within seven (7) days as computed by Indiana Trial Rule 6.

CRITICAL

Deadline

30 calendar days

Post-judgment proceedings must wait until 30 calendar days after entry of the final decree or judgment, unless the Court waives the wait for undue harm or a court rule or statute provides otherwise.

Post-judgment proceedings shall not be instituted until thirty (30) calendar days have elapsed since the entry of a final decree or judgment in the records of the Clerk of the Court. The Court may waive this requirement where it is shown that a party will be unduly harmed by its enforcement or where a rule of court or statute specifically provides otherwise.

CRITICAL

If the request is granted, the sur-reply must be filed within ten days after the request is granted.

If the Request is granted, the Sur-Reply must be filed within 10 days after the Request was granted.

CRITICAL

Proceedings supplemental may not remain pending more than six months from filing unless the Court orders otherwise, and pending proceedings must be dismissed at the end of that period.

Except by order of the Court, no proceedings supplemental may pend for more than six (6) months from the date of its filing. At the end of the six (6) month period, any pending proceedings supplemental shall be dismissed.

CRITICAL

The fiduciary must prepare a guardianship inventory within 90 days after appointment, or within 30 days for a temporary guardianship.

An inventory shall be prepared by the fiduciary in a guardianship within ninety (90) days following the date of appointment, or within thirty (30) days in the case of a temporary guardianship.

CRITICAL

Deadline

1 business days

The proceedings supplemental report must be filed no later than one business day after the proceeding.

The report shall be filed no later than one (1) business day after the proceedings supplemental.

CRITICAL

The guardianship inventory must be filed with the Court by the last day allowed for its preparation.

The inventory prepared for the guardianship shall be filed with the Court on or before the last day identified above for preparation of the inventory.

CRITICAL

When both orders are entered, the parties must recalculate support promptly after ninety days and file calculations for the maintenance period and afterward with the Court.

If both a support order and a maintenance order are entered, the parties shall recalculate support promptly after ninety (90) days to reflect the expiration of the maintenance order. The parties shall calculate support during both the maintenance period and thereafter and shall file the results with the Court.

CRITICAL

A defendant with a counterclaim outside Small Claims Court subject matter jurisdiction must timely file it as a separate action on the plenary docket of the Elkhart Superior Court Civil Division.

A defendant who has a counterclaim outside the subject matter jurisdiction of the Small Claims Court must file the counterclaim in a timely fashion as a separate action on the plenary docket of the Elkhart Superior Court Civil Division.

CRITICAL

The Agree Commitments document must be filed within 20 days after notice of the requirement.

Proof of compliance is required within 20 days of Notice of this requirement by filing with the court the Agree Commitments document.

CRITICAL

In civil cases, each party must tender all proposed preliminary and final instructions at least 14 days before trial.

In any civil case each party shall tender to the court all proposed preliminary and final instructions at least fourteen (14) days prior to the trial date in electronic format that allows editing.

CRITICAL

In criminal cases, each party must tender all proposed preliminary and final instructions at least 7 days before trial.

In any criminal case each party shall tender to the court all proposed preliminary and final instructions at least seven (7) days prior to the trial date in an electronic format that allows editing.

CRITICAL

Upon receipt of sufficient funds to satisfy the judgment, interest, and costs, the judgment creditor must immediately file a motion to release the garnishment order.

Upon receipt by the judgment creditor or by the Clerk of the Circuit and Superior Courts, on the judgment creditor’s behalf, of funds sufficient to satisfy the judgment, accrued interest, and costs, the judgment creditor shall immediately file a motion for release of the garnishment order

CRITICAL

A response to a Motion for Injunctive Relief or Restraining Order must be filed within seven days after service of the motion or application.

Any response to a Motion for Injunctive Relief or for a Restraining Order must be filed within 7 days after the motion or application is served.

CRITICAL

The Guardian’s Report must be filed on the same schedule as accountings under Rule 609.9.

The Guardian’s Report is to be filed with the Court on the same schedule as required for accountings in compliance with Rule 609.9 following.

CRITICAL

The auction results must be filed promptly with the appropriate court.

E. At the conclusion of the auction, the Magistrate or lawyer conducting the auction shall immediately provide copies of all pages indicating the auction results to the parties, and the said results shall promptly be filed with the appropriate court.

CRITICAL

A 72-hour Mental Health Commitment signed by a judicial officer must be filed in the Civil Division on the next regular business day.

All seventy-two (72) hour Mental Health Commitments signed by any Judicial Officer shall be filed in the Civil Division the next regular business day.

CRITICAL

A motion for rule to show cause must be filed within 30 days after the party fails to appear.

The Motion for Rule to Show Cause must be filed within thirty (30) days of the party’s failure to appear for the proceedings supplemental or other hearing.

CRITICAL

A request for body attachment or writ of attachment must be filed within 30 days after the scheduled contempt hearing.

4. A request for body attachment/writ of attachment is filed within thirty (30) days after the scheduled contempt hearing.

CRITICAL

The initial answer extension runs for 30 days from filing or ends two days before a scheduled Case Management Conference, whichever occurs first.

An initial written motion for enlargement of time to file an Answer shall be automatically allowed for an additional thirty (30) days from the filing of the motion, or until two (2) days before the Case Management Conference, if set by the court, whichever is earlier.

CRITICAL

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

A party objecting to a Supplemental Designation must file any Motion to Strike within seven days of the motion to file the designation.

A party objecting to such a Supplemental Designation must file its Motion to Strike, if any, within seven (7) days of the Motion to File a Supplemental Designation of Evidence.

CRITICAL

In child-support matters, the parties must file a verified worksheet and any court-required supporting income, childcare, and healthcare documentation at least seven days before the hearing.

At least seven (7) days prior to hearing in all matters regarding child support issues, the parties shall file: A. Verified Child Support Worksheet; and B. Such supporting documentation as the Court may require establishing current income and income earned during the prior tax year, work-related childcare expenses, if any, and the children’s portion of health care expenses.

CRITICAL

The parties have seven days to file a written agreement selecting a special judge.

As required by Trial Rule 79(D), the parties shall have seven (7) days within which to file a written agreement: