Elkhart County Courts, Indiana Document Format Requirements

CRITICAL

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Documents must be printed on one side, meet the stated margin, spacing, and font requirements, and use legible non-script type; italics are permitted for specified material.

Printing shall be on one side of the paper. Margins shall be at least one inch (1”). If typewritten, the lines shall be double spaced except for quotations, which shall be indented and single-spaced. Type face shall be twelve (12) font size or larger within the body of the document and ten (10) font size or larger in the footnotes. The font type must be legible and script type shall not be used. Italicized type may be used for quotations, references, or case citations.

CRITICAL

Proposed orders must have page numbers at the bottom, formatted to show each page’s number in relation to the document’s total pages.

D. contain page numbers that appear in the bottom of the page and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14,” “1 of 14,” “p.1/14,” “p.1 of 14”).

CRITICAL

Parties must use court forms as drafted; a modified or altered form may be struck or denied.

All parties shall use the forms as drafted. The use of a modified or altered form may result in the pleading or motion being struck from the record or denied.

CRITICAL

Civil-case proposed preliminary and final instructions must be submitted in an editable electronic format.

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

The Designation of Evidence and Table of Contents must be consecutively Bates-stamped, beginning with the caption on page 1.

5. The entire Designation of Evidence and Table of Contents must be consecutively paginated (that is: “Bates-stamped”) in the manner described in section 207.7, beginning with the caption on page 1.

CRITICAL

Each set of words to be inserted or stricken must appear in a separate, consecutively numbered specification.

Each set of words to be inserted or stricken shall be in a separate specification and each specification shall be numbered consecutively.

CRITICAL

Criminal-case proposed preliminary and final instructions must be submitted in an editable electronic format.

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

Income Withholding Orders must use the specified form.

Income Withholding Orders must use form found at Income Withholding Order

CRITICAL

Pleadings in dissolution, separation, custody, and support proceedings shall be captioned with non- adversarial language in case captioning and pleadings. To facilitate the problem solving and cooperative model, parties shall be referred to using non-adversarial language; that is, “child” “mother,” “father,” “putative father,” “guardian,” “de facto custodians,” “intervenors” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,” and “versus” should not be used in the captions of any family cases involving children. Caption shall be: In Re Marriage of (blank line)

Pleadings in dissolution, separation, custody, and support proceedings shall be captioned with non- adversarial language in case captioning and pleadings. To facilitate the problem solving and cooperative model, parties shall be referred to using non-adversarial language; that is, “child” “mother,” “father,” “putative father,” “guardian,” “de facto custodians,” “intervenors” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,” and “versus” should not be used in the captions of any family cases involving children. Caption shall be: In Re Marriage of (blank line)

CRITICAL

Pleadings in paternity proceedings will be captioned with non-adversarial language in case captioning and pleadings. To facilitate the problem solving and cooperative model, parties shall be referred to using non- adversarial language; that is, “child” “mother,” “father,” “putative father,” “guardian, “de facto custodians” “intervenors” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,” and “versus” should not be used in the captions of any family cases involving children. Caption shall be: In Re Paternity of (blank line)

Pleadings in paternity proceedings will be captioned with non-adversarial language in case captioning and pleadings. To facilitate the problem solving and cooperative model, parties shall be referred to using non- adversarial language; that is, “child” “mother,” “father,” “putative father,” “guardian, “de facto custodians” “intervenors” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,” and “versus” should not be used in the captions of any family cases involving children. Caption shall be: In Re Paternity of (blank line)

CRITICAL

Each pleading or motion may include only one issue, and motions making multiple requests are not allowed.

All pleadings or motions shall only include one issue. Motions that make multiple requests are not allowed in that the electronic filing system automatically generates the chronological case summary entry. Only one entry is possible for each pleading.

CRITICAL

A proposed order must leave approximately two inches of blank space between its last typed paragraph and the date and signature lines.

G. provide approximately two inches of blank space provided between the last typed paragraph of the proposed order and the date and signature lines.

CRITICAL

All corporate bonds must show the names and addresses of the insurance underwriter and agency, typed or printed.

The name and address of the insurance underwriter as well as the name and address of the insurance agency providing the corporate surety, shall be typed, or printed on all corporate bonds.

CRITICAL

Both proposed-instruction formats must be submitted electronically in an editable format.

Both formats shall be submitted in an electronic format that allows editing.

CRITICAL

Accounts must use the prescribed statutory format; informal, handwritten, and transactional accounts will not be accepted.

All accounts shall follow the prescribed statutory format. Informal, handwritten, or transactional accounts will not be accepted.

CRITICAL

Non-documentary and oversized exhibits must remain with the trial court during an appeal and must not be sent to the Appellate level Court.

Non-documentary and oversized exhibits shall not be sent to the Appellate level Court but shall remain in the custody of the trial court during the appeal.

CRITICAL

Documents listed in section 207.2 must be separately and consecutively paginated, with page numbers beginning with page two, placed at the bottom, and showing each page's number relative to the document total.

All the pages of each document listed in section 207.2 must be separately and consecutively paginated. 2. Every page of each document must contain a page number, beginning with page two (2). 3. The page numbers may be affixed to a page by type, stamp, or handwriting. 4. Page numbers must appear at the bottom of the page and must be formatted to indicate each page number in relation to the total of the pages in the document (e.g., “Page 1 of 14”; “1 of 14”; “p. 1/14”; “p. 1 of 14”).

CRITICAL

Accounts must follow the prescribed statutory format; informal, handwritten, and transactional accountings will not be accepted.

All accounts shall follow the prescribed statutory format. Informal, handwritten, or transactional accountings will not be accepted.

CRITICAL

Pre-trial motions must be filed in writing with adequate notice to opposing counsel and the Court, unless the party has prior written leave of Court.

Unless a party has prior written leave of Court, all pre-trial motions shall be filed in writing with adequate notice provided to opposing counsel and to the Court.

WARNING

Exhibits must be marked before trial unless the presiding judicial officer directs otherwise.

All exhibits shall be marked in advance of trial or as directed by the presiding judicial officer.

WARNING

A judicial officer may designate pleading and motion forms or layouts, and the Court may strike pleadings that do not conform.

A judicial officer may designate forms and layout for pleadings and motions to promote clarity, efficiency, and judicial economy, and to ensure compatibility and appropriate interface with the Odyssey case management systems. Pleadings not conforming to the designated form or layout may be stricken by the Court pursuant to Trial Rule 88.

WARNING

In same sex marriages non-adversarial language followed by the person’s name, such as: “Husband Smith” and “Husband Jones” or “Wife Smith” and “Wife Jones.”

In same sex marriages non-adversarial language followed by the person’s name, such as: “Husband Smith” and “Husband Jones” or “Wife Smith” and “Wife Jones.”

WARNING

Interrogatories and requests for production must be tailored to the case and numbered consecutively.

1. Interrogatories and Request for Production of Documents shall be tailored to the case in which they are served and numbered consecutively to facilitate response.

WARNING

Applies to

Discovery document

Discovery documents must allow answers to be made on the original or added to the electronic document.

A party seeking discovery shall prepare any discovery document so that answers may be made on the original discovery document or if an electronic document in such format that answers may be added to the electronic document.

WARNING

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.

WARNING

The court may require proposed instructions to be submitted in an editable electronic format.

A court may require a party to submit any proposed instructions in an electronic format that allows editing.

WARNING

Pleadings, motions, and other documents shall be either legibly printed or typewritten on white opaque paper so that it is readable. The paper should be eight and one-half inches (8 ½”) in width and eleven inches (11”) in length as required by Administrative Rule 11 and of such strength to withstand being electronically scanned. Any copies, when required, be on white paper of sufficient strength and durability.

Pleadings, motions, and other documents shall be either legibly printed or typewritten on white opaque paper so that it is readable. The paper should be eight and one-half inches (8 ½”) in width and eleven inches (11”) in length as required by Administrative Rule 11 and of such strength to withstand being electronically scanned. Any copies, when required, be on white paper of sufficient strength and durability.

WARNING

Applies to

Discovery requests

Parties must use digital format for discovery matters, including interrogatories, production requests, admission requests, and other discovery requests.

Parties shall utilize digital format in discover matters including, but not limited to interrogatories, requests for production, requests for admissions and other requests for discovery.

WARNING

Contaminated evidence may be presented as the Court directs, but should not be handled by or passed to jurors or taken into the jury room unless the Court determines it is safe.

Contaminated evidence may be presented to the court as the court may direct, but such contaminated evidence should not be handled or passed to jurors or sent into the jury room unless the court has determined the contaminated evidence has been rendered safe.

WARNING

Video participants must use an appropriate background, with guidelines that it be uncluttered and not contain distracting or inappropriate imagery.

Participants appearing by video are required to use an appropriate background or situate themselves in a location with an appropriate background. Guidelines for an appropriate background include, but are not limited to backgrounds that are: 1. clear or clear from clutter. 2. Colors or images that do not distract from the proceeding including but not limited to free from pictures, posters, signage, lettering, etc., that contain offensive or inflammatory language or display images that are pornographic, offensive, or otherwise inappropriate for a courtroom environment.

WARNING

All date lines that are left blank should be in the format “Date: (blank line)_______________________ and not: “(blank line) ____ date of (blank line) ___________” this allows the Court and Clerk to utilize the automated date stamp available in the Odyssey Case Management System.

All date lines that are left blank should be in the format “Date: (blank line)_______________________ and not: “(blank line) ____ date of (blank line) ___________” this allows the Court and Clerk to utilize the automated date stamp available in the Odyssey Case Management System.

WARNING

Under no circumstances should drugs, currency or other dangerous or valuable items be included in appellate records.

Under no circumstances should drugs, currency or other dangerous or valuable items be included in appellate records.

INFO

Photographs of exhibits may be included in the volume of documentary exhibits.

Photographs of any exhibit may be included in the volume of documentary exhibits.

INFO

Pleadings in marital dissolution and separation cases without children may use the stated “In Re the Marriage of” caption and “Husband” and “Wife” as non-adversarial terms.

All pleadings in marital dissolution and separation cases without children may be captioned, "In Re the Marriage of (blank line) __________ and using “Husband” and “Wife” as non- adversarial language.