Fayette County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

Objections to discovery must be filed within five days after the initial hearing or after a discovery request or motion is made.

(J) Objections to discovery shall be filed with the Court within five (5) days after the initial hearing or any request or motion for discovery is made.

CRITICAL

Child Support Guidelines worksheets and supporting documentation must accompany any settlement or be submitted to the Court when the petition is filed.

In all proceedings involving child support, including any petition to emancipate where there is more than one child, each party shall file with any settlement, or submit to the Court at the time a petition is filed, one or more Indiana Child Support Guidelines worksheets with supporting documentation.

CRITICAL

A requested special-finding form is due within 10 days after trial concludes, unless the Court grants additional time by proper order.

In any case where a special finding by the Court is requested, each party, plaintiff or defendant in such case, or his attorney, must submit to the Court a form of special finding embracing all the facts which he claims to have been proved, and the conclusions of law thereon, within ten (10) days after the conclusion of the trial of such case, unless further time is granted by the Court by proper order.

CRITICAL

If changes occur before trial, the worksheets must be supplemented promptly.

Child Support Worksheets shall be promptly supplemented if changes occur prior to trial.

CRITICAL

A court-requested ruling, order, judgment, or decree must be prepared and submitted within two weeks of the request.

(A) Any Ruling, Order, Judgment, or Decree requested by the Court either explicitly or implied to be prepared by one of the attorneys in a case shall be prepared and submitted to the Judge for approval within two weeks of the request.

CRITICAL

Pre-trial statements must be filed with the Court at least two days before the pre-trial conference.

Such statement shall be filed with the Court at least two (2) days prior to the pre-trial conference with the Court.

CRITICAL

A motion or application requiring Court action must be brought to the Judge’s attention within five days after filing; otherwise, the Judge may defer ruling until the pre-trial conference.

(A) The filing of any motion, or application requiring action or ruling by the Court, with the Clerk of the Court, shall be brought to the attention of the Judge within five (5) days following such filing. If such notice is not given the Judge within prescribed time the Judge may defer ruling on such motion until the pre-trial conference.

CRITICAL

An attorney must sign and file a written appearance immediately upon being retained or appointed to represent a defendant.

Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, and by signing and filing a written appearance.

CRITICAL

For final accounts, the hearing date must be at least 14 days after the notice is first published.

If the notice requires a hearing date the personal representative shall clear the date with the Court prior to giving the notice to the Clerk except for final accounts which date shall be at least fourteen (14) days after the notice is first published.

CRITICAL

Each party must give the Court written notice of qualifying pending legal proceedings before any preliminary hearing or within 30 days after service of a petition seeking relief, whichever occurs first.

Prior to any preliminary hearing or within thirty (30) days after service of any petition seeking relief in any family law matter, whichever shall first occur, each party shall provide the Court with written notice of any other pending legal proceeding in which such person is a party wherein the other pending legal proceeding involves an issue or allegation of domestic violence, spousal abuse, child abuse, protective order, restraining order, or any criminal charges.

CRITICAL

Deadline

24 hours

When the Court conducts voir dire, requested questions must be submitted at least 24 hours before trial begins.

If the Court conducts the voir dire examination, counsel desiring any particular interrogations or questions shall submit the same to the Court in writing at least twenty-four (24) hours before commencement of trial.

CRITICAL

All reports that are required to be filed with the Court or are filed with the Court shall be filed at least 7 days prior to the hearing

All reports that are required to be filed with the Court or are filed with the Court shall be filed at least 7 days prior to the hearing

CRITICAL

A party must file a jury request 17 to 28 days before trial; an untimely request may result in a continuance, and the Court may call a jury on its own motion.

The Court will not summons a jury unless a party has filed a request to call a jury no more than) twenty-eight (28) days but no less than seventeen (17) days prior to the trial. Failure to timely file a request may result in a continuance of the jury trial on the Court’s own motion. Nothing in this rule is intended to prevent the Court from calling a jury on its own motion.

CRITICAL

Criminal Code deadlines for motions and defenses must be strictly followed unless they directly conflict with Indiana Supreme Court rules, which then govern.

(A) Criminal Code deadlines for filing motions and raising defenses shall be strictly followed, except where in direct conflict with rules adopted by the Indiana Supreme Court. And in such cases, the Rules of the Supreme Court shall govern.

CRITICAL

The requesting party must submit proposed findings within 10 days after the hearing concludes.

When a party makes a written request for Findings of Facts and Conclusion of Law pursuant to T.R. 52, the requesting party shall submit to the trial court within 10 days of the conclusion of the hearing its proposed Findings of Fact and Conclusion of Law.

CRITICAL

Deadline

2 hours

For a hearing set with less than 10 days’ notice, the report must be provided to the Court and the listed individuals within 4 days of the hearing date and no later than 2 hours before the hearing.

If the hearing was set with less than 10 days notice then the report shall be provided to the Court and the above individuals within 4 days of the date of the hearing but no later than 2 hours prior to the hearing.

CRITICAL

The probation officer or caseworker must file a completed child support worksheet within the specified 3-day period, using whichever of the listed dates occurs first.

The probation officer or caseworker shall, within 3 days after a detention hearing or after a child has been removed or 3 days prior to a hearing whichever date occurs first, file a completed child support worksheet so that the Court may enter an order requiring the parents to pay for services as required by statute.

CRITICAL

Proof of notice must be filed immediately after service is made.

Proof of Notice of any hearing required to be served by the caseworker or probation worker shall be filed with the Court immediately after service has been made.

CRITICAL

Court reporters must report the specified transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.

(7) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Office of Judicial Administration.

WARNING

Requests for special instructions should be submitted no later than the beginning of the final pre-trial conference, with additional instructions permitted during trial for matters that could not reasonably have been anticipated.

(A) All request for special instruction submitted in accordance with Rule T.R. 51 should be submitted to the Court in duplicate not later than the beginning of the final pre-trial conference. Counsel shall have the right to submit additional instructions during trial on matters which could not reasonably have been anticipated in advance of trial. Such request for special instruction shall contain citations to supporting authorities.

WARNING

Opposing parties may submit proposed findings within 20 days after the hearing concludes.

Opposing parties may submit proposed findings within 20 days following the conclusion of the hearing.