Floyd County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party may obtain one automatic 30-day extension to respond to a complaint or other pleading by filing a notice, and the extension is granted without written order if the notice is filed by the original due date.
- Written motions for continuance must comply with Trial Rule 7(D).
- For good cause, the Court may extend or shorten the financial disclosure exchange deadline by order.
- +1 more
Request must include
Document Format Requirements12 rules
Proposed final instructions, special or Indiana Model Civil Jury Instructions, shall be submitted on letter size [8 1/2 x 11] paper, double-spaced, with all designations including indications for the Court's disposition placed on the bottom three [3] inches of the instruction.
- Line spacing
- Double
- Paper size
- Letter
- Jury instructions
The electronic transcript must be prepared on multiple disks with the specified designations, and each disk must include the listed identifying information.
Court's wording
Multiple disks containing the electronically formatted transcript shall be prepared and designated as “Official Record,” “Court Reporter’s Copy," "Court’s Copy" and “Party Copy.” Each disk shall be labeled to identify the case number, the names of the parties, the date completed, the Court Reporter’s name, and the disk number if more than one disk is required for a complete 14 transcript.
Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in appellate records.
All pleadings presented for filing with the Clerk or the Court shall be flat and unfolded.
All pleadings, motions, entries, orders, judgments and other papers shall be filed on letter size [8 ½ x 11] paper.
- Paper size
- Letter
C. GENERALLY. Excepting motions made during the course of a recorded proceeding, all motions shall be in writing.
The proposed findings and conclusions shall be submitted to the Court on computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.
Formatting
- •Submit on computer disc or by e-mail, as the Court directs
Proposed final instructions must be on letter-size paper, double-spaced, with all designations in the bottom three inches.
- Line spacing
- Double
- Paper size
- Letter
Court's wording
Proposed final instructions, special or pattern, shall be submitted on letter size [8 1/2 x 11] paper, double-spaced, with all designations including indications for the Court's disposition placed on the bottom three [3] inches of the instruction.
Pleadings, Motions, Memoranda, and Briefs shall comply in all respects to Trial Rule 10.
Form discovery may be served only when its requests are consecutively numbered and applicable to the case, or when the case's nature or number of parties makes its use necessary and appropriate.
Court's wording
No "form" discovery shall be served upon a party unless all discovery requests on such forms are consecutively numbered and applicable to the case in which the same are utilized. The intent and purpose of this rule is to prohibit the use of form discovery unless applicable to the case at bar or where the nature of the case or the number of the parties makes the use of such forms necessary and appropriate.
The Clerk’s Record must be bound and secured in a readable way that permits easy disassembly for copying.
Court's wording
A. Assembly of the Clerk’s Record. Upon the filing of a notice of appeal, the trial court clerk shall assemble the Clerk’s Record. The Clerk’s Record shall be bound and secured by using any method which is easy to read and permits easy disassembly for copying.
Attorneys may use the Court’s signature stamp for the convenience of the Clerk and counsel.
Document Filing Requirements102 rules
A motion to withdraw in an estate or guardianship must include a hearing notice directing the personal representative or guardian to appear.
Court's wording
An attorney desiring to withdraw his appearance in an estate or guardianship shall file a written motion requesting leave to do so accompanied by a notice of hearing which shall be served at least ten [10] days prior to the hearing upon the personal representative or guardian directing said person to appear at the hearing.
Except for estate and guardianship appearances, a withdrawal motion must request leave and include a hearing notice or satisfactory proof of advance written notice, with the withdrawal date stated in the notice.
Court's wording
Excepting appearances in estates and guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten [10] days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.
The motion must contain the address and phone number of the client.
any party or attorney of record desirous of acquiring a jury trial shall first file a motion requesting a pre-trial conference
Except as required by Local Rule LR22-TR3-102, proposed orders and entries must identify the preparer, include enough copies and a name-and-address distribution list for everyone entitled to service, and be accompanied by enough pre-stamped, pre-addressed mailing envelopes.
Court's wording
Except as required by Local Rule LR22-TR3-102, all proposed orders and entries shall reflect the name of the preparer under the indication "prepared by", shall be submitted in sufficient number for each person entitled to service and shall contain a distribution list identifying by name and address each person entitled to service. The preparer shall provide sufficient pre-stamped pre-addressed envelopes to the court for mailing of the orders or entries.
A Certificate of Readiness must state that the cause is at issue, address completion of discovery by trial, and state that opposing counsel was advised five days before filing.
Court's wording
The Certificate shall state: [1] that the cause is at issue; [2] that discovery has been completed or will be completed by the scheduled trial date; and [3] that opposing counsel was advised of the party's intention to file the Certificate five (5) days prior to its filing.
The assignment of a case for bench trial may be had by motion duly filed and accompanied by a proposed order. Said motion shall reflect an estimate of the trial time required.
- Document
- Motion
Must include
- •Proposed order
Pursuant to Trial Rule 7(B), unless made during a hearing or trial, or otherwise ordered by the court, an application to the court for an order must be made by written motion. The motion must state the grounds therefor and the relief or order sought and be accompanied by a separate proposed order.
- Document
- Motion
Must include
- •Proposed order
Excepting motions to correct error, motions for summary judgment or other motions described in subsection E, subsection F and subsection G of this rule, all motions shall be accompanied by a separate motion requesting a hearing and a proposed order for the scheduling of a hearing date.
- Document
- Motion
Must include
- •Proposed order
The notice must include the date when the response was initially due and the date to which time is enlarged.
Answers or objections to requests for admissions must reproduce the full request immediately before the answer or objection.
Court's wording
Answers or objections to requests for admissions filed and served pursuant to Trial Rule 36 shall set forth in full the request for admissions being answered or objected to immediately preceding the answer or objection.
When court findings of fact are requested or required, counsel must submit proposed findings stating all claimed established facts and conclusions of law, in the manner and by the time directed by the Court.
Court's wording
In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon. The proposed findings and conclusions shall be submitted to the Court on computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.
Each motion requesting waiver of this limitation shall contain as an exhibit the interrogatories which the party proposes to serve.
All notice of appeal and requests for transcripts shall be in writing and filed with the Clerk of the Court.
The parties shall submit a second set of proposed final instructions containing no designation of who submitted them, or other identifying references, and shall contain only the statement of law.
Pleadings or memoranda supporting or opposing a motion that use depositions must cite the relevant deposition passages by page and line or question number.
Court's wording
When depositions are utilized in support of, or in opposition to, a motion for summary judgment or other matter, the pleadings and/or memoranda filed in support or opposition to such motion shall make specific reference by page and line or question number to those places in such deposition which purport to demonstrate the presence or absence of material fact.
The Court’s electronic copy is retained as the official record, the Court Reporter retains their copy, and the original transcript and official disk are routed according to whether the transcript was prepared for appeal.
Court's wording
The Court’s Copy of the electronic transcript shall become the official record of the court proceeding, in lieu of a paper copy of the transcript, and shall be retained in the court where said proceeding was held. The Court Reporter’s Copy shall be retained by the Court Reporter. The original paper transcript along with the disk designated as the Official Record shall be forwarded to the Clerk if the transcript was prepared for purposes of appeal. If the transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered to the requested party.
G. Disk as Official Record. Upon the filing of a notice of appeal or written request for transcript or the Court Reporter shall transcribe any court proceeding requested and produce an original paper transcript along with an electronically formatted transcript.
The Order of Appointment shall be in the following form:
A party seeking to recall a body attachment must file a written notice that states the reason for the recall.
- Document
- Written notice to recall body attachment
Must include
- •Stating the reason for the recall
Court's wording
If during the pendency of a Body Attachment, a party desires to recall said Body Attachment, said party shall file a written notice to recall Body Attachment forthwith stating the reason for the recall.
A party offering biologically contaminated evidence must file a pretrial notice with the trial court before trial.
Court's wording
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.
An attorney preparing an order or entry by agreement or court direction must put “prepared by” and “reviewed by” signature lines on its last page and submit it to opposing counsel for examination.
Court's wording
When the Prosecuting Attorney or an attorney of record for a defendant has agreed to or has been directed by the Court to prepare an order or entry, such attorney shall place on the last page of the entry appropriate signature lines indicating "prepared by" and "reviewed by" and shall submit the entry to opposing counsel for examination.
The motion must contain the address and phone number of the defendant.
If opposing counsel shall fail or refuse to sign or submit the order or entry within five (5) days of receiving same without advising the Court and the preparing attorney as to objections thereto, the preparing attorney shall advise the Court by letter of opposing counsel’s failure or refusal to sign or submit such order or entry and submit the same to the Court.
All proposed orders and entries shall reflect the name of the preparer under the indication "tendered by", shall be submitted in sufficient number for each person entitled to service and shall contain a distribution list identifying by name and address each person entitled to service. The preparer shall provide sufficient pre-stamped pre-addressed envelopes to the court for mailing of the orders or entries.
Motions to enlarge or shorten time, set a hearing, conference, or trial, continue a matter, reduce bond, obtain a competency examination, compel discovery, withdraw appearance, dismiss, change venue, modify a sentence, or obtain post-conviction relief must include a proposed order; the Court may also direct proposed orders for other matters.
Court's wording
Proposed orders shall accompany motions in the following matters: [1] to enlarge or shorten time [2] for setting of hearing, conference or trial [3] for continuance [4] for reduction of bond [5] for psychiatric examination for competency [6] to compel discovery [7] to withdraw appearance [8] for dismissal [9] for change of venue [10] for modification of sentence [11] for post-conviction relief [12] for such other orders, judgments or decrees as the Court may direct; and shall comply with Local Rule LR22-CR18-202(E).
Any party or attorney of record desirous of having a pre-trial conference for any case may file a motion requesting same accompanied by a proposed order.
- Document
- Pretrial conference motion
May include
- •Proposed order
B. HEARINGS REQUIRED. Excepting motions to correct error, all motions shall be accompanied by a separate motion requesting a hearing and a proposed order for the scheduling of a hearing date.
- Document
- Motion
Must include
- •Proposed order
D. REQUESTS FOR BENCH TRIAL. The assignment of a case for bench trial may be had by motion duly filed and accompanied by a proposed order. Said motion shall reflect an estimate of the trial time required.
- Document
- Bench trial motion
Must include
- •Proposed order
PROPOSED FINDINGS. In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon.
When depositions are utilized, specific reference by page and line or question number to those places in such deposition which purport to demonstrate the presence or absence of material fact shall be provided.
The parties shall submit a second set of proposed final instructions containing no designation of who submitted them, or other identifying references, which shall contain only the statement of law.
A motion requesting provisional relief must be accompanied by a proposed order for the setting of a hearing.
- Document
- Motion
Must include
- •Proposed order
A request for hearing dates must be filed within ten (10) days of the service of Summons and Notice of Ruling and must be accompanied by a proposed Order for the setting of a hearing.
- Document
- Hearing request
Must include
- •Proposed order
If the relief requested is in the nature of child support or other monetary assistance, the motion must contain information and documentation regarding each party’s employment status and weekly gross income.
A movant may use an accompanying Notice of Ruling to waive the hearing requirements, but the notice must include the waiver, a counsel-selected ruling date at least ten working days after filing, and notice that a written response filed before that date will be considered.
Court's wording
A movant may waive the hearing requirements of I.C. 31-15-4-4 & 5 through the use of a Notice of Ruling accompanying the motion for provisional relief. The Notice of Ruling shall contain the following: (1) A waiver of the hearing requirements; (2) The date for ruling which shall not be less than ten (10) working days from the filing of the motion, the movant’s counsel to select the date; (3) Notice that the Court will consider a written response to the Motion filed before the ruling date.
When child support is requested, the motion must be accompanied by a Child Support Guideline Worksheet.
The required financial disclosure must be verified and substantially comply with the appendix form or another form approved by the Indiana Office of Court Services.
Court's wording
In all contested dissolution and separation actions, each party shall prepare and exchange within forty -five (45) days of the filing of the action, a Verified Financial Disclosure Form in substantial compliance with the form set forth in the Appendix to these Local Family Rules of Practice or such other Verified Financial Disclosure Form approved by the Indiana Office of Court Services.
In all settlement agreements in which child support is established, a Child Support Guideline Worksheet shall be attached as an exhibit with the affirmation executed by the parties.
In all hearings involving child support, each party shall submit to the Court an Indiana Child Support Guideline Worksheet in such form consistent with that set forth in the Indiana Child Support Rules and Guidelines.
The filing of such a request shall be accompanied by a proposed Order for the setting of a preliminary hearing on those issues.
- Document
- Written request
Must include
- •Proposed order
If an agreement of the parties or a court order regarding child support deviates from the Guidelines, an adequate explanation for such a deviation must be set forth in the agreement or the order.
In all settlement agreements in which parenting time is established, the parties shall certify in such agreement that they have received a copy of such guidelines and have read and understand the same.
A party seeking the specified temporary restraining order must file a verified petition alleging injury and requesting the stated injunctions against both parties.
Court's wording
In accordance with the provisions of Trial Rule 65(E)(1), the court will issue a temporary restraining order applicable to both parties upon the filing of a verified petition by either party alleging that injury would result to the moving party if no order were to issue and requesting that both parties be enjoined from: (1) Transferring, encumbering, concealing or otherwise disposing of any joint property of the parties or assets of the marriage without the written consent of the parties or permission of the court; and/or; (2) Removing any child of the parties then residing in the State of Indiana from the State with the intent to deprive the court of jurisdiction over such child without the prior written consent of the parties or permission of the court.
Each party shall bring to the expedited hearing all documentary evidence as required by these Local Rules.
A. Requests for Emergency Relief. All requests for emergency relief in family law matters shall comply with the provisions of Indiana Trial Rule 65(B) and I.C. 31-15-4.
B. Form of Temporary Restraining Order. The moving party shall prepare such order in compliance with Trial Rule 65 (E) (1).
All persons seeking relief, and any party opposing the relief sought, are required to attend the expedited hearing.
A party granted emergency relief must submit a proposed hearing-setting order containing the specified notice and opportunity-to-be-heard language.
Court's wording
The party granted the emergency relief shall tender a proposed order for the setting of a hearing date. This order shall include the following language: “As the recipient of this ex parte order for , upon two (2) working days notice to the party who obtained such order (or in such shorter notice as the court may prescribe), you shall be allowed to appear before the Court and be heard regarding the issuance of this order.”
B. Expedited Hearing. Any party may request that the Final Hearing on a Petition for Dissolution of Marriage be held under the procedure for an expedited hearing. Such request shall be made in writing and filed with the Court.
In all summary dispositions in which parenting time is referenced in the settlement agreement/dissolution decree, the parties shall certify that they have received a copy of the Indiana Parenting Time Guidelines and that they have read and understand the same.
A summary disposition on a Petition for Dissolution of Marriage shall be entered by the Court upon submission of the appropriate documentation to the Court in accordance with statutory requirements.
In all summary dispositions in which child support is established, a copy of the child support guideline worksheet shall be attached as an exhibit with the affirmation thereon executed by the parties.
A copy of the written notice of final hearing must be submitted to the Court at the time of the hearing.
Court's wording
In an uncontested action, written notice of an intention to proceed to final hearing on a date and time certain shall be given to a party not represented by counsel. The written notice shall be sent to the last known address of the party not represented and proof of service shall not be required, however, a copy of said notice shall be submitted to the Court at the time of the final hearing.
In cases where there is a deviation from the child support guidelines, an adequate explanation for such a deviation must be set forth in the summary disposition decree.
For contested hearings, each party must submit the listed exhibits to the Court when applicable.
Court's wording
In all contested hearings, each party shall submit the following exhibits to the Court, if applicable. (a) A Child Support Guideline Worksheet. (b) A calculation of the child support arrearage. (c) A listing of the marital assets with an indication of fair market value. (d) A listing of the marital debts with an indication of the balance due and the minimum monthly payment requirement. (e) The parties’ proposed distribution of marital assets and debts.
No agreed matter shall be submitted to the Court unless it is in writing and signed by the parties and/or counsel and accompanied with other appropriate documents.
Unless the parties waive the requirement in writing or the Court orders otherwise, discovery must be complete and a notice of compliance filed before a hearing on the specified child-support modification petition is scheduled.
Court's wording
Unless waived by the parties in writing or by Order of the Court, a hearing on a Petition to Modify a child support obligation established by an Order of Dissolution of Marriage, an Order Establishing Paternity, an Order Decreeing a Legal Separation, or an Order Establishing Child Support Obligation, will not be scheduled until discovery has been completed and notice of compliance is filed with the Court.
Filing & Service rules
Filing Timing and Cure Windows
If an attorney fails to prepare an agreed or ordered entry within 15 working days of the Court’s request, opposing counsel may prepare and submit it with a letter describing efforts to obtain its preparation.
If an attorney agrees or is ordered to prepare an entry and then fails to do so within fifteen [15] working days of the Court's request, opposing counsel may prepare the entry and submit same to the Court advising the Court by letter of the efforts made to gain preparation of the entry.
Page 5 | FAILURE TO PREPARE ENTRY
Opposing counsel must promptly examine and sign a submitted entry and submit it to the Court within five days of receipt.
Opposing counsel shall promptly examine the entry when submitted, shall sign the entry, and shall submit the entry tthe Court within five [5] days of receiving same.
Page 5 | PREPARATION OF ENTRY
If opposing counsel does not submit the entry or advise the Court of objections within five days of receipt, the preparing attorney must submit it with a letter reporting the failure or refusal, and the Court will accept it without opposing counsel’s signature.
If opposing counsel shall fail or refuse to submit the entry without advising the Court as to objections thereto within five [5] days of receiving the same, the preparing attorney shall submit the entry to the Court advising the Court by letter of opposing counsel's failure or refusal and the Court shall accept the entry without opposing counsel's signature.
Page 5 | FAILURE TO SUBMIT ENTRY
A party seeking to recall a body attachment must file a written notice forthwith and state the reason for the recall.
If during the pendency of a Body Attachment, a party desires to recall said Body Attachment, said party shall file a written notice to recall Body Attachment forthwith stating the reason for the recall.
Page 21 | CONTEMPT/RULE TO SHOW CAUSE/BODY ATTACHMENT
The pretrial notice concerning biologically contaminated evidence must be filed before trial.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.
Page 25 | Biologically Contaminated Evidence
Opposing counsel must promptly examine and sign a submitted entry and submit it to the Court within five days of receipt.
Opposing counsel shall promptly examine the entry when submitted, shall sign the entry, and shall submit the entry to the Court within five [5] days of receiving same.
Page 29 | Duties of Attorneys; Preparation of Entries
All required matters, filings, notices, and time limits must be completed or observed by the Omnibus date as required by the Indiana Criminal Code.
Omnibus date. The Omnibus date shall be set by the Court pursuant to the Indiana Criminal Code. All matters required to be resolved, filed or notices given, and all time limits required to be observed, shall be complied with on or before said date as required by the Indiana Criminal Code.
Page 31 | Pre-Trial Conferences and Omnibus Date
Proposed findings and conclusions must be submitted within the time directed by the Court.
The proposed findings and conclusions shall be submitted to the Court on computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.
Page 32 | Findings of Fact
An opposing party requesting hearing dates after a Notice of Ruling must file the request within ten days after service of the Summons and Notice of Ruling.
A request for hearing dates must be filed within ten (10) days of the service of Summons and Notice of Ruling
Page 40 | PROVISIONAL ORDERS
When a Notice of Ruling is used, counsel must select a ruling date at least ten working days after the motion is filed.
The date for ruling which shall not be less than ten (10) working days from the filing of the motion, the movant’s counsel to select the date;
Page 40 | PROVISIONAL ORDERS
A written request for a preliminary determination must be filed within five days after service of the change-of-venue motion.
A written request for such a determination must be filed within five (5) days of service on the motion for change of venue.
Page 41 | Effect of Change of Venue
The Clerk must enter a temporary restraining order request in the record immediately upon filing, without first presenting it to the Judge or awaiting the Judge’s signature.
C. Immediate Entry of Temporary Restraining Order. A request for a temporary restraining order will be entered in the record by the Clerk of the Court immediately upon filing and without bringing the matter to the attention of the Judge or waiting for the Judge to sign the original.
Page 43 | Immediate Entry of Temporary Restraining Order
The mediator must submit the report when 60 days have passed from the filing of the dissolution or paternity action.
D. Mediator’s Report. Upon the passage of sixty (60) days from the filing of the dissolution or paternity action, the mediator shall submit a Mediator’s Report on the form provided along with the mediation agreement or with an indication that the mediation was not successful.
Page 46 | MANDATORY MEDIATION IN PRO SE CASES WITH MINOR CHILDREN
The verified financial disclosure statement must be filed with the opposing party within 45 days of the case filing date.
YOU ARE HEREBY NOTIFIED THAT YOU MUST FILE YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY WITHIN 45 DAYS OF THE FILING DATE OF THIS CASE.
Page 47 | NOTICE
An attorney with a primary trial assignment may file a Certificate of Readiness ten days before trial; failure to do so may result in loss of the primary trial date if a secondary-assigned attorney files one.
Ten [10] days prior to the scheduled trial date, an attorney whose case has been assigned for trial on a primary basis may file a Certificate of Readiness indicating the intention of proceeding to trial as scheduled. The failure to file such Certificate may result in forfeiture of the primary trial date if an attorney whose case has been assigned on a secondary basis files such Certificate and in such event the case assigned on a secondary basis shall be heard.
Page 7 | Pre-Trial Conferences; Assignment of Cases for Trial
Under the Notice of Motion and Order procedure, the Court's ruling is scheduled to begin at 9:00 A.M. on a Monday no earlier than five working days after actual receipt of the notice.
In lieu of the requirement of subsection C of this rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a motion for continuance, motion to amend pleading, motion to shorten time, motion to add parties, motion to compel discovery and the like. The Notice of Motion shall indicate that the Court will rule on the motion and enter its Order beginning at 9:00 A.M. on the Monday which is not less than five [5] working days from the date of the Court's actual receipt of the Notice of Motion.
Page 8 | Motions
A party may request a hearing on a Motion to Correct Error only before the Court has ruled on that motion.
At any time before the Court has ruled upon a Motion to Correct Error, any party may request a hearing on such Motion by filing a written motion requesting a hearing and a proposed order for the scheduling of a hearing date.
Page 8 | Motions
Notice that the Court will consider a written response to the Motion filed before the ruling date.
Notice that the Court will consider a written response to the Motion filed before the ruling date.
Page 40 | PROVISIONAL ORDERS
If a response is filed on or before the ruling date, the ruling date is extended by five working days so the movant can reply.
If a response to the motion for provisional relief is filed on or before the ruling date, the Court shall extend the ruling date by five (5) working days to allow the movant to file a reply to the response.
Page 40 | PROVISIONAL ORDERS
If the Summons and Notice of Ruling are served after the selected ruling date, the ruling date automatically extends ten working days from service, and the response and reply filing limits apply.
If service of the Summons and Notice of Ruling occurs on a date beyond the selected ruling date, the ruling date shall be automatically extended for ten (10) working days from the date of service and the time limitations for the filing of a response and a reply to the response shall be followed.
Page 40 | PROVISIONAL ORDERS
The parties may waive exchange of the financial disclosure form by written agreement within 30 days of the initial filing.
The Verified Financial Disclosure Form need not be exchanged if the parties agree in writing within thirty (30) days of the initial filing to waive exchange
Page 41 | LR22-FR00-302, B. Exceptions
The other party must file a written objection within ten working days to prevent the Court from scheduling the trial as an expedited hearing.
Unless the other party files, within ten (10) working days, a written objection to proceeding in expedited fashion, the Court will schedule the trial for an expedited hearing under the procedures outlined in Local Family Rule LR22-FR00-308.
Page 44 | Expedited Hearing
After settlement evidence is accepted by handwritten entry or on the record, the parties must submit a written agreement within a reasonable time.
However, if the parties reach an agreement just prior to hearing or trial, then the Court may accept evidence of that settlement by way of a handwritten entry or on the record followed by the submission of a written agreement within a reasonable time thereafter.
Page 45 | SUBMISSION OF AGREED MATTERS
Service and Proof of Service Rules
Excepting appearances in estates and guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten [10] days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.
Excepting appearances in estates and guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten [10] days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.
Page 4 | WITHDRAWAL OF APPEARANCE
The hearing notice must be served on the personal representative or guardian at least ten days before the hearing.
An attorney desiring to withdraw his appearance in an estate or guardianship shall file a written motion requesting leave to do so accompanied by a notice of hearing which shall be served at least ten [10] days prior to the hearing upon the personal representative or guardian directing said person to appear at the hearing.
Page 4 | WITHDRAWAL OF APPEARANCE
Proof of Trial Rule 5 service may be made by an attorney-signed certificate identifying each recipient by name and address, or by an acknowledgment signed by the served party or, if represented, the party’s attorney of record.
Proof of service of pleadings or papers required to be served by Trial Rule 5 may be made either by: [1] a certificate of service signed by an attorney of record which certificate shall identify by name and address the person or persons to whom service is directed; or [2] an acknowledgment of service signed by the party served or the attorney of record if such party is represented by an attorney.
Page 6 | TRIAL RULE 5 REQUIREMENTS
A filed Certificate of Readiness must be served on all parties and contain a certificate of service.
If a Certificate of Readiness is filed pursuant to subsection F of this Local Rule, the Certificate shall be served on all parties in a cause and shall contain a certificate of service.
Page 7 | Pre-Trial Conferences; Assignment of Cases for Trial
A body attachment may be requested and issued only if the previously ordered party or person was personally served with notice of a contempt hearing.
Body Attachment shall be requested and issued only when the party/person previously ordered to appear for a Court proceeding was personally served with notice of a contempt hearing pursuant to I.C. 34-47-4-1.
Page 21 | CONTEMPT/RULE TO SHOW CAUSE/BODY ATTACHMENT
A party offering biologically contaminated evidence must serve the pretrial notice on all parties before trial.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.
Page 25 | Biologically Contaminated Evidence
The court must notify attorneys of record and unrepresented parties by mail, including email, of the date by which evidence must be retrieved before destruction.
In all cases, the court shall provide actual notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 26 | Notification and Disposition
A withdrawal motion’s hearing notice must be served on the defendant to direct the defendant to appear; if the defendant is incarcerated, the defendant must instead be produced in court.
a notice of hearing which shall be served upon the defendant directing said person to appear at the hearing, unless incarcerated, in which event the defendant shall be produced in Court for said hearing.
Page 29 | Withdrawal of Appearance
At filing, the moving party must serve the opposing party with notice of the financial disclosure exchange requirement.
At the time of the filing of the action, the moving party shall serve a Notice upon the opposing party of the requirement to exchange a Verified Financial Disclosure Form.
Page 41 | LR22-FR00-302, A. Requirement
In contested dissolution and separation actions, parties must exchange the verified form within 45 days after filing, subject to court-ordered changes for good cause and the stated exceptions.
In all contested dissolution and separation actions, each party shall prepare and exchange within forty -five (45) days of the filing of the action, a Verified Financial Disclosure Form in substantial compliance with the form set forth in the Appendix to these Local Family Rules of Practice or such other Verified Financial Disclosure Form approved by the Indiana Office of Court Services. For good cause, the time limit may be extended or shortened by Court Order. B. Exceptions. The Verified Financial Disclosure Form need not be exchanged if the parties agree in writing within thirty (30) days of the initial filing to waive exchange or the proceeding is uncontested, or the proceeding is one in which service is by publication and there is no pro se response by the Respondent or appearance by counsel for Respondent, or upon order of Court waiving such exchange.
Page 41 | LR22-FR00-302, A. Requirement and B. Exceptions
At filing, the moving party must serve the opposing party with notice of the co-parenting class or other court-directed program requirement.
At the time of the filing of a dissolution or separation proceeding or a post-dissolution proceeding where custody is in issue, the moving party shall serve a Notice upon the opposing party of the requirement of attend a coparenting class or other such program as directed by the Court in which the proceeding is filed.
Page 42 | LR22-FR00-305, C. Notice Requirement
In an uncontested action, written notice stating a definite final-hearing date and time must be sent to an unrepresented party’s last known address; proof of service is not required, and a copy must be submitted to the Court at the hearing.
In an uncontested action, written notice of an intention to proceed to final hearing on a date and time certain shall be given to a party not represented by counsel. The written notice shall be sent to the last known address of the party not represented and proof of service shall not be required, however, a copy of said notice shall be submitted to the Court at the time of the final hearing.
Page 44 | Notice in Uncontested Action
Process in post-dissolution actions must comply with Indiana Trial Rule 4, and service on the attorney from the underlying dissolution action is insufficient.
A. Trial Rule 4 Service Required. Service of process on a party in post-dissolution actions, such as petitions for modifications and applications for rule to show cause, must comply with Trial Rule 4 of the Indiana Rules of Trial Procedure. Service of process upon the attorney who represented the party in the underlying dissolution action shall be deemed insufficient.
Page 45 | SERVICE ON REDOCKETED MATTERS
The verified financial disclosure statement must be provided to the opposing party within 45 days of the case filing date.
YOU ARE HEREBY NOTIFIED THAT YOU MUST FILE YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY WITHIN 45 DAYS OF THE FILING DATE OF THIS CASE.
Page 47 | NOTICE
A copy of the verified financial disclosure statement is delivered to the opposing party or counsel in person, by prepaid U.S. Mail, or through the Court’s Electronic Filing.
I hereby certify that a true and accurate copy of the foregoing Verified Financial Disclosure Statement was delivered to the opposing party or their attorney of record either in person, or by U.S. Mail- postage prepaid, or by Court’s Electronic Filing.
Page 53 | CERTIFICATE OF SERVICE
Written notice of intent to withdraw is not required in criminal, family law, or juvenile cases when no motion is pending and no hearing or trial has been set.
(1) In criminal, family law, and juvenile cases, where no motion is pending and where no hearing or trial has been set;
Page 4 | WITHDRAWAL OF APPEARANCE
Written notice of intent to withdraw is not required after other counsel has appeared for the party.
(2) In any case, after other counsel has appeared on the party’s behalf.
Page 4 | WITHDRAWAL OF APPEARANCE
Counsel and self-represented parties are responsible for verifying service of process; they may check the online Chronological Case Summary, use the Clerk’s public-access computers, or review Court files, and Court personnel need not check the files for them.
It is the responsibility of counsel and Pro Se parties to verify service of process. Court personnel are not required to review case files to determine if a party has acquired service of process. Counsel and Pro Se parties may access the Chronological Case Summary online or by use of the public access computers located in the office of the Floyd County Clerk to determine if service of process has been acquired. If necessary, Court files may be reviewed to verify service of process.
Page 6 | VERIFYING SERVICE OF PROCESS
Counsel and parties must keep the court informed of their current addresses, and notice to the last current address is sufficient.
Counsel and parties have the duty to keep the court informed of their current addresses and notice to the last current address shall be sufficient.
Page 26 | Notification and Disposition
After names are drawn, the jury administrator must mail prospective jurors a qualification form and notice of the jury-service period as required by the judges.
The jury administrator shall mail a jury qualification form and notice of the period for jury service after the drawing of names from the jury pool as required by the judges of the Floyd Circuit and Superior Courts.
Page 26 | Jury Rule
As needed, the judges must inform jury administrators to summon prospective jurors, and summonses are transmitted to prospective jurors by regular mail.
As needed, the judges of the Floyd Circuit and Superior Courts shall inform the jury administrators periodically to summon prospective jurors for trials, and summonses transmit through regular mail to the prospective jurors.
Page 26 | Jury Rule
Filing Fees and Waivers
Transfer fees and costs must be paid within 20 days of the transfer order, or the transfer order will be rescinded, unless the Court has entered a written order waiving prepayment in whole or in part.
All fees and costs associated with the transfer of a case to another county or transfer of a case from the small claims docket to the civil plenary docket shall be paid within twenty [20] days of the Order directing transfer and the failure to pay such costs shall result in the rescinding of the Order directing transfer and jurisdiction of the case shall remain with the Court, or the case shall be transferred back to the small claims docket as applicable, unless the Court has entered a written order waiving the pre-payment of the fee in whole or in part.
Page 5 | TRANSFER FEES
Case filing fees must be prepaid to the Clerk when the case is filed unless the Court previously entered a written order waiving prepayment in whole or in part.
Unless the Court has previously entered a written Order waiving the pre-payment of the filing fee in whole or in part, all fees associated with the filing of a case shall be prepaid to the Clerk when the case is filed.
Page 5 | INITIAL FEES
Persons directed to participate must pay a program fee capped at $100 per admission, regardless of participation length.
(2) Those persons directed to participate in any Floyd County Problem Solving Court Program shall pay the following fees in accordance with IC 33-23-16-23 (a) The program fee, not to exceed one hundred ($100.00) dollars, per admission for initial problem solving court services regardless of the length of participation; (b) The court service fee, not to exceed fifty ($50.00) dollars per month beginning in the second month of participation and for each month of participation thereafter for the duration of individual’s participation; and (c) The transfer fee, not to exceed twenty-five ($25.00) dollars, transfer to the problem solving court. (d) Any additional costs associated with recommended treatment, fees, other costs and restitution. (e) Any fee may be waived by Order of the Court to avoid a financial hardship, upon termination, subsequent disqualification from the program or for any other reasonable circumstances determined by the court.
Page 20 | Adult Problem Solving Court Program(s)
The clerk must collect and transmit the program fee within 30 days after collection for deposit in the appropriate user fee fund.
(3) The clerk of the court shall collect and transmit the program fee within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the appropriate user fee fund established under IC 33-37-8.
Page 20 | Adult Problem Solving Court Program(s)
Transcript costs must include applicable office-supply costs for finding and transmitting the transcript, as set by the Courts’ annually published schedule.
(2) The costs of office supplies and utilized for finding and transmission of the transcript pursuant to the Indiana Rules of Appellate Procedure 28 and 29. Said costs shall be pursuant to a Schedule of Transcript Supplies established and published annually by the Courts.
Page 13 | D. Binding and Disk Fees
The transcript cost must include a binding fee calculated at 1.5 times the Court Reporter’s hourly rate for the time spent binding.
D. Binding and Disk Fees. An additional fee shall be added to the cost of the transcript for: (1) The time spent binding the transcript and the exhibit and index volumes at an hourly rate based on one and one-half (1 ½) times the Court Reporter’s hourly rate.
Page 13 | D. Binding and Disk Fees
Sealing & Redaction Procedures
A financial disclosure form filed with the Court must be sealed, designated “Confidential,” and accompanied by the appropriate ACR notice.
When a Verified Financial Disclosure Form is filed with the Court, it shall be sealed and designated “Confidential” with the appropriate ACR notice filed with same.
Page 41 | LR22-FR00-302, D. Statement Considered Confidential
Pre-Motion Conference Requirements
Before the Court will rule on specified discovery motions, moving counsel must personally consult and sincerely attempt to resolve the dispute, then advise the Court in writing and provide a detailed history of those efforts.
The Court shall refuse to rule on any and all motions for discovery concerned with the production of documents or things, permission to enter upon land or other property for inspection and other purposes, for physical or mental examination, or to compel discovery provided in Trial Rules 26 through 37, unless moving counsel shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences with opposing counsel, they are unable to reach an accord. Such written advisement to the Court shall include a history with the date, time and place and the names of all parties and attorneys with whom the effort has been attempted.
Page 10 | MOTIONS FOR DISCOVERY
Adjournment & Extension Requirements
A party may obtain one automatic 30-day extension to respond to a complaint or other pleading by filing a notice, and the extension is granted without written order if the notice is filed by the original due date.
Pursuant to Trial Rule 6, a party may receive one automatic thirty-day enlargement of time to respond to a complaint or other pleading by filing a notice with the court. The notice must include the date when the response was initially due and the date to which time is enlarged. If the party files the notice on or before the original due date, the enlargement is granted without a written order by the court.
Page 9 | ENLARGEMENTS OF TIME
Written motions for continuance must comply with Trial Rule 7(D).
Written motions for continuance shall comply with Trial Rule 7(D).
Page 9 | CONTINUANCES
For good cause, the Court may extend or shorten the financial disclosure exchange deadline by order.
For good cause, the time limit may be extended or shortened by Court Order.
Page 41 | LR22-FR00-302, A. Requirement
Failure to register for, attend, and complete the required program may constitute cause for a continuance until attendance is completed.
A failure to register, attend, and complete the seminar or program may constitute cause for denial of the granting of the dissolution or the relief requested and a continuance of the matter until attendance has been accomplished.
Page 42 | LR22-FR00-305, B. Failure to Attend Seminar
Chambers Communication Rules
If opposing counsel disagrees with an entry, counsel must advise the Court and request a conference, which may be telephonic or otherwise.
If opposing counsel does not agree with the entry, counsel shall advise the Court and request a conference, telephonic or otherwise.
Page 5 | PREPARATION OF ENTRY
The judges of the courts wherein the case is appropriate to be sent should be contacted first. In the event said judge or judges are unavailable, then a judge of either of the other courts or the magistrate may set the bond.
The judges of the courts wherein the case is appropriate to be sent should be contacted first. In the event said judge or judges are unavailable, then a judge of either of the other courts or the magistrate may set the bond.
Page 33 | C. OTHER CASES
A party may request that the Court provide a list of available co-parenting classes.
The Court will provide a list of available co-parenting classes upon request.
Page 42 | LR22-FR00-305, C. Notice Requirement