Floyd County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

10 working days

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;

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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

WARNING

Deadline

10 working days

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.

WARNING

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.

WARNING

Deadline

10 working days

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.