Elkhart County Courts, Indiana Pre-Motion Conference Requirements

CRITICAL

Unless good cause is shown, a party opposing a dispositive motion must file a response no later than 30 days, including a factual explanation supporting denial and a sufficient memorandum of law.

Unless good cause is shown, the responding party opposing such dispositive motions shall file no later than thirty (30) days a response which contains a factual explanation as to why denying the motion is appropriate accompanied by a sufficient memorandum of law.

CRITICAL

When parents disagree about parenting time, they must enter mediation under the cited Parenting Time Guidelines before filing with the Court.

If there is a disagreement concerning parenting time, then the parents shall enter mediation pursuant to Indiana Parenting Time Guidelines Section 1 (E) (2) prior to filing with the court.

CRITICAL

At a hearing on a Trial Rule 12 or 56 motion, counsel for each represented party must appear in person or through local co-counsel.

Whenever the Court schedules a hearing on a motion pursuant to Trial Rule 12 or 56, counsel for all represented parties shall appear in person or by local co-counsel at such hearing.

CRITICAL

Trial Rule 26(F)'s informal-resolution requirement is strictly enforced, and the Court may deny a discovery motion for noncompliance.

1. The informal resolution requirement of Trial Rule 26(F) shall be strictly enforced. The Court may deny any discovery motion filed pursuant to Trial Rule 27-37, if the moving party has not complied fully with Trial Rule 26(F).

CRITICAL

For other motions or matters submitted to the Court, an adverse party wishing to respond must do so within fifteen days of service, consistent with Indiana Rules of Procedure.

In all other motions or matters submitted to the Court, and so long as consistent with Indiana Rules of Procedure, an adverse party wishing to respond shall do so within fifteen (15) days of service.

CRITICAL

After at least one email and one telephone call seeking a discovery dispute conference, no response within seven days of the last attempt creates a presumption of reasonable efforts and permits a motion to compel; the efforts and results should be stated in the motion.

3. If an attorney sends at least one email and makes at least one telephone call seeking a discovery dispute conference, but opposing counsel does not respond within seven days from the last attempt, it shall be presumed that reasonable efforts have been made and a Motion to Compel may be filed. Such efforts and their results should be clearly stated in the Motion to Compel. Sanctions for the non-responding party and attorney fees will be considered when appropriate.

CRITICAL

Cases assigned to the Tailored or Judicial/Specialized Pathways in the listed categories must have a Problem-Solving Settlement Conference.

A Problem-Solving Settlement Conference is required for the following cases if they are assigned to the Tailored or Judicial/Specialized Pathways: Domestic Relations (DR), Domestic Relations with Children (DC), Domestic Relations without Children (DN), Juvenile Paternity (JP), Guardianship (GU), Adoption (AD), Grandparent Visitation (GV), and Third-Party Custody (MI).

CRITICAL

Before seeking amendment, the moving attorney must advise opposing counsel of the motion’s substance and state counsel’s position or that the matter may be submitted without hearing or briefing; if opposing counsel objects, the moving attorney must request a hearing date.

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. Upon being advised of opposing counsel’s objection, the moving party’s attorney shall request a date for hearing.

CRITICAL

Before moving to compel discovery, seek sanctions, or seek protection against discovery, counsel must personally consult and make good-faith attempts to resolve the relevant disagreement.

To promote the orderly and expeditious handling of cases to trial readiness, counsel shall attempt in good faith to resolve all disagreements between or among themselves concerning the necessity for and scope of discovery, the necessity to seek sanctions, and protection against discovery under Trial Rule 26 through Trial Rule 37. After personal consultation and good faith attempts to resolve differences as to the foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek protection against discovery as aforesaid.

CRITICAL

An adverse party has thirty days after service of a motion to serve and file an answer brief.

An adverse party shall have thirty (30) days after service of the motion in which to serve and file an answer brief.

CRITICAL

A recipient may move for a protective order or to strike specific interrogatories only after full Trial Rule 26(F) compliance; the motion must be scheduled for hearing and does not extend the answer time for unobjectionable interrogatories.

2. The recipient of Interrogatories may file a Motion for Protective Order (Trial Rule 26(C)) or a Motion to Strike specific interrogatories after fully complying with Trial Rule 26(F). Any such Motion shall be scheduled for hearing and does not extend the time for answering unobjectionable Interrogatories.

WARNING

Sur-replies are disfavored and may be filed only with court permission in extraordinary circumstances.

Sur-Replies are disfavored and will only be permitted with leave of the court in extraordinary circumstances.

WARNING

The Court may excuse mediation for good cause, but a waiver request must include a detailed written statement with sufficient facts and weight; waivers are disfavored and should be sought only exceptionally.

The Court may excuse the requirement for good cause shown. There must be a detailed written statement of sufficient fact and weight for the court to waive this rule. All individuals are advised that the Courts do not favor requests for waiver from the requirements of this rule, and that waiver requests should be sought only in exceptional instances and not as a matter of course.

WARNING

The Court generally disfavors waivers of the settlement-conference requirement, which should be sought only in the most exceptional circumstances.

In general, the Court shall not favor waivers of this requirement, and waivers are to be sought only in the most exceptional of circumstances.

WARNING

The parties should request hearing dates.

Hearing dates should be requested by the parties.

WARNING

If a party does not address the settlement-conference requirement, the Court may require an explanation within a stated period.

Failure to address the issue of a Problem-Solving Settlement Conference in any manner is cause for the Court to require, within a stated period, an explanation of the failure to address the requirement.

WARNING

Dispositive motions filed after the omnibus date may not be given a hearing before trial.

Such motions, filed after the omnibus date, may not be given a hearing prior to trial.

WARNING

A waiver of a Problem-Solving Settlement Conference may be requested when domestic or family violence, or other mitigating circumstances, create safety fears; a judicial officer may order a waiver and Family Court Services staff may recommend one.

The Elkhart County Unified Family Court recognizes there may be situations in which it could be dangerous for parties to conduct a Problem-Solving Settlement Conference. When domestic/family violence is present within a case, or other mitigating circumstances that cause one or more parties to fear for their mental, emotional, or physical safety in a one-on-one meeting with another party, a waiver may be requested. The judicial officer may also issue an order waiving this requirement, and Family Court Services staff may also recommend waiving a Problem-Solving Settlement Conference in the Triage Assessment or after conducting a Family Needs Interview.

INFO

The moving party may file a reply brief if the Court approves.

Subject to Court approval, the moving party may file a reply brief.

INFO

After Bundling, Triage, and Pathway Assignment are complete, the Court may order an assisted or unassisted settlement conference and may order multiple conferences during the case.

The Court may order a Problem-Solving Settlement Conference, assisted or unassisted, at any time immediately following the completion of Bundling, Triage, and Pathway Assignment processes in a case, and may order multiple conferences to occur during the life of a case.

INFO

After strict compliance with Trial Rule 26(F), the Court may take appropriate action or schedule a hearing.

2. Upon strict compliance with Trial Rule 26(F), the Court may take any appropriate action or schedule a hearing.