Elkhart County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

After the qualifying notation in the Chronological Case Summary, the parties must attempt to agree on a special judge within seven days.

Within seven (7) days of the notation in the Chronological Case Summary of a judge granting a motion for change of judge or recusing or disqualifying from a case pursuant to Trial Rule 79(C) or otherwise, the parties shall attempt to select a special judge by agreement.

CRITICAL

The Court may schedule a hearing on a verified objection to release of judgment filed by a judgment creditor, if the verified objection is filed within the (thirty) 30-day time requirement as set out in Small Claims Rule 11(D).

The Court may schedule a hearing on a verified objection to release of judgment filed by a judgment creditor, if the verified objection is filed within the (thirty) 30-day time requirement as set out in Small Claims Rule 11(D).

CRITICAL

Applies to

Evidence notice

Each side must provide required evidence notices within the Indiana Trial Rules discovery-compliance period and file them 30 days before trial, unless good cause is shown.

Each side, within the time allowed for compliance with discovery under the Indiana Trial Rules, shall provide the other with notice of its intent to introduce evidence pursuant to Indiana Rule of Evidence 404(b), 609(b), or any other Rule which requires notices as a prerequisite to the admission of evidence. All notices shall be filed thirty (30) days prior to the commencement of trial, unless good cause is shown.

WARNING

The Court may rule summarily on a motion if the opposing party fails to respond before the deadline.

The Court may rule on a motion summarily if an opposing party does not file a response before the deadline.

WARNING

Deadline

48 hours

The Court may, in its discretion, strike motions, memoranda, or other documents filed within 48 actual hours of a hearing that generally concern its subject matter.

Any motions, memoranda, or other documents filed within forty-eight (48) actual (not Court business) hours of a hearing generally pertaining to the subject matter of the hearing may be stricken in the discretion of the Court.