Hamilton County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Along with Summons
Adjournments
- No continuance will be granted for the specified Class D infraction court appearance.
- A written continuance motion must state when opposing counsel was advised, counsel’s position, the scheduled hearing or trial date and time, the approximate delay needed, and the estimated duration when rescheduled.
Request must include
- Unless good cause is shown, a continuance motion for a court trial or hearing must be filed at least five days beforehand.
Page & Word Limits4 rules
Absent leave of the court, the Memorandum in Support of the Response Memorandum shall not exceed the greater of thirty (30) pages or 14,000 words. The Reply Memorandum shall not exceed the grater of ten (10) pages or 4,700 words.
- Page limit
- Up to 30 pages
- Memorandum
- Up to 14,000 words
- Page or word limit
- Up to 10 pages or 4,700 words
Exception
More pages with leave of court
each volume shall be limited in size to the lesser of two hundred fifty (250) pages or 25 megabytes (25MB). The front page shall be included in the two hundred fifty (250) page limit of this rule.
- Page limit
- Up to 250 pages
A Sur-Reply shall not exceed the greater of five (5) pages or 2,350 words.
- sur-reply
- Up to 5 pages or 2,350 words
Motions to Strike and oppositions are each limited to the greater of six pages or 2,800 words.
- Motion to strike
- Up to 6 pages or 2,800 words
- Opposition to motion to strike
- Up to 6 pages or 2,800 words
Court's wording
A Motion to Strike shall be paginated as set forth above (see 213.10, d.) and shall not exceed the greater of six (6) pages or 2,800 words. Any Opposition to a Motion to Strike shall not exceed the greater of six (6) pages or 2,800 words
Document Format Requirements10 rules
Proposed orders must be set forth on a separate page from the motion and must be filed as a separate lead document when the Indiana E-Filing System (IEFS) is used as the means of filing.
Each volume of the Designation of Evidence shall be independently and consecutively numbered at the bottom of the page (see 213.10, d. (2). above) without obscuring the page numbers existing on original documents. Each volume shall begin with a numeral one on the first page. Therefore, if more than one volume is filed, each volume should begin with page one.
each volume shall be limited in size to the lesser of two hundred fifty (250) pages or 25 megabytes (25MB). The front page shall be included in the two hundred fifty (250) page limit of this rule. Conventionally filed volumes shall be bound with a single staple or binder clip and shall not be bound in book or pamphlet form.
Appearance bonds must be written for one cause number; lump sum bonds covering multiple cause numbers will not be accepted.
Formatting
- •Appearance bonds must be written for a single cause number
Court's wording
The Circuit and Superior Courts of Hamilton County will only accept appearance bonds written for a single cause number and will not accept lump sum appearance bonds that apply to more than one cause number.
b. If unable to afford a surety bond or cash deposit, the party filing the request may instead file an affidavit of indigence and personal undertaking in accordance with Indiana Rule 1(C)(2) on a form prescribed by the Court (Form DN01/02-602/03).
d. If unable to afford a surety bond or cash deposit, the party filing the request may instead file an affidavit of indigence and personal undertaking in accordance with Indiana Rule 2(D)(2) on the form prescribed by the Court (Form DN01/02-602/03).
All accountings shall follow the prescribed statutory format. Informal, handwritten, or transactional accountings will not be accepted, except as permitted by LR29-PR00-714.
All documents filed in any Hamilton County Court, with the exception of exhibits and existing wills, shall be prepared on paper measuring 8.5” x 11”.
- Paper size
- Letter
Formatting
- •Exhibits and existing wills are excepted
All pages of each document listed above shall be separately and consecutively paginated. The page numbers may be affixed to a page by type, stamp, or handwriting. Page numbers must appear at the bottom of the page.
Formatting
- •Paginate each document separately and consecutively
705.40 The name and address of the insurance agency providing the corporate surety shall be typed or printed on all corporate bonds in any estate or guardianship.
Document Filing Requirements122 rules
To obtain a CD or flash drive of a hearing a FORM AR00-106 must be completed and submitted to the Court Reporter (copes of the Form may be obtained from the Court Reporter) and all amounts due must be paid before the CD or flash drive will be produced.
At the time of removal, a detailed receipt shall be provided by the party removing said items and this receipt will be filed in the case.
A party offering biologically contaminated evidence must file a pre-trial notice with the Court before trial.
Court's wording
A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Contain a complete distribution list of all attorneys and pro se litigants with full addresses, including email addresses.
All attorneys and pro se litigants shall file appearances complying with Trial Rule 3.1 and Trial Rule 86.
Each Motion, Petition, or other request for relief shall be accompanied by a proposed order.
- Document
- Motion petition or request for relief
Must include
- •Proposed order
A pleading requiring a certificate of service must identify the person served, address, service method, and service date.
- Document
- Pleading
Must include
- •Certificate of service
Court's wording
All pleadings filed with the Court that require a certificate of service shall specifically name the individual party or attorney on whom service has been made, the address, the manner in which service was made and the date when service was made.
206.30 All motions for continuance shall be accompanied by a proposed order in conformity with LR29-TR77-202 and LR29-TR00-205 containing a space for the Court to set a new date for the hearing or trial.
- Document
- Continuance motion
Must include
- •Proposed order
The Memorandum in Support of a Motion for Summary Judgment, and the Response to the Motion for Summary Judgment, shall contain a Summary of Argument section located at the beginning of the Memorandum.
- Document
- Memorandum
Must include
- •Legal argument
When motions and/or subsequent responses permitted by Trial Rule 56 (“TR 56”) are filed, the following documents shall be filed separately: 1. Memorandum in Support; and 2. Designation of Evidence
A memorandum exceeding the page limit must include a Word Count Certificate stating the word count, with the specified items excluded; the certificate goes at the end before the Certificate of Service, and the filer may use word-processing software to count words.
- Document
- Memorandum
Must include
- •Word count
Court's wording
A Memorandum exceeding the page limit requirement of the rule must contain a Word Count Certificate certifying the number of words contained in the Memorandum, exclusive of the case caption, the signature block at the end of the Memorandum, the Certificate of Service, and the Word Count Certificate. The Word Count Certificate shall appear at the end of the Memorandum before the Certificate of Service. The filing party certifying a word count may rely on the word count feature of the word processing system or software used to prepare the Memorandum.
In each Designation of Evidence, Exhibits shall begin with the letter “A” and proceed through the alphabet.
Each Exhibit shall be marked on its first page with an Exhibit Letter and short Title. No document or individual page may be designated as evidence that does not contain an Exhibit Letter and a short Title.
An exhibit title must identify the specific document by its content, and the exhibit’s letter and title must match the Table of Contents.
Court's wording
The Exhibit Title shall identify the specific document by is content, such as “Affidavit of Mary Rose;” “Credit Card Statements 2007-2019;” or “Deposition of John Henry.” The Exhibit Letter and Title shall match the Exhibit Letter and Title as stated in the Table of Contents.
The designation must have one Table of Contents at the beginning of Volume I; if multiple volumes are required, Volume I must contain only the Table of Contents and the evidence begins in Volume II.
- Document
- Designation of evidence
Must include
- •Table of contents
Court's wording
A Designation of Evidence shall contain a single Table of Contents for the entire designation, which shall be submitted at the beginning of Volume I. If more than one volume is required, pursuant to 213.10, e. (1) above, then Volume I will consist of the Table of Contents only and the designated evidence will begin in Volume II.
A Designation of Evidence shall consist of a Table of Contents (see 213.10, e. (3). below) and one or more additional volumes,
- Document
- Designation of evidence
Must include
- •Table of contents
Remove exhibit letters or numbers carried over from earlier filings, except when needed to authenticate an earlier document; in that case retain the earlier marking and also assign and list a new Exhibit Letter.
Court's wording
If any document contains an Exhibit letter or number from an earlier filing, the earlier letter or number shall be removed to avoid confusion. However, when necessary to authenticate an earlier document, the earlier letter or number shall remain on that document, and the Exhibit shall also contain and be identified in the Table of Contents by the new Exhibit Letter.
A document authenticated or referred to by an exhibit must be marked as that exhibit’s subpart, specifically and accurately referenced, and listed in the Table of Contents.
Court's wording
If a document is authenticated or referred by an Exhibit, it shall be marked as a subpart to that Exhibit and shall be specifically and accurately referenced in the authenticating or referencing document. As with each Exhibit, each subpart to an Exhibit shall be identified in the Table of Contents.
Citations must be to Exhibit Letter and page number referred in the Table of Contents (Example: PI.’s Desig. Of Evid. Vol.II, Ex.B at p.15).
The Table of Contents must clearly designate each Exhibit relied upon in the Motion or Response and contain the beginning and ending page number for each Exhibit
- Document
- Designation of evidence
Must include
- •Table of contents
Previously filed or issued documents designated as evidence must be included and listed in the Designation of Evidence with an Exhibit Letter and short Title.
Court's wording
Documents that are designated as evidence that have already been filed or issued in the case, such as the Complaint, Answer, Orders, etc., shall be listed and included in the Designation of Evidence and assigned an Exhibit Letter and short Title as required above.
Motions to Strike and Oppositions to Motions to Strike exceeding the page limits shall contain a Word Count Certificate as described above (see 213.10, c.).
- Document
- Motion to strike or opposition
Must include
- •Word count
A reply memorandum may not raise new issues, but the moving party may respond to arguments in the opposing party’s response memorandum.
Court's wording
A moving party’s Reply Memorandum may not raise any new issue not raised in the moving party’s principal Motion and Supporting Memorandum. However, this prohibition shall not prevent the moving party from responding to arguments made in the non-moving party’s Response Memorandum.
The moving party’s evidence supporting its Motion for Summary Judgment shall be submitted in its Designation of Evidence filed with its Motion and Supporting Memorandum.
Only in extraordinary circumstances and with court leave may the moving party submit reply evidence through a supplemental designation, and only for either of the stated reasons; the supplemental designation must follow the applicable designation requirements.
Court's wording
In extraordinary circumstances, and only with leave of the court, the moving party may submit evidence with a Reply Memorandum through a Supplemental Designation of Evidence only: 1. When the moving party acquired the evidence for the first time after filing its Motion for Summary Judgment; or 2. To respond to evidence submitted in the non-moving party’s Designation of Evidence. A Supplemental Designation of Evidence shall conform to the requirements set forth above (see 213.10, e.)
A Sur-Reply may not be filed or submitted with, nor attached to, the Request.
It shall be the duty of the Prosecuting Attorney or Deputy Prosecuting Attorney to file written notice with the Clerk that a defendant has a pending case that requires the Clerk to follow the filing requirements of this rule.
When filing charges against two or more defendants in a felony or misdemeanor case, the prosecutor must file notice with the Clerk that the case is to be treated under this rule.
Court's wording
When the Prosecutor of Hamilton County, individually or through deputy prosecutors, elects to file a felony or misdemeanor case in which two or more individuals or entities are named as Defendants, at the time of the filing of said charges, said Prosecutor or Deputy Prosecutor shall file notice with the Clerk of Hamilton County that said case is to be treated under this rule.
a. Sign a Request for Waiver of Initial Hearing on the [Form CR00-306] approved by the Courts and available at the Magistrate’s office; and
b. File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver of Initial Hearing at the Clerk’s Office.
c. File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver of Initial Hearing at the Clerk’s office.
a. Sign a Request for Waiver of Initial Hearing on the [Form CR00-306] approved by the Courts and available at the Magistrate’s office;
No written motion is required, except: 1. To compel compliance under this rule; 2. For additional discovery not covered under this rule; 3. For a protective order seeking exemption from the provisions of this rule; or, 4. For an extension of time to comply with this rule.
The attorney must sign the court-approved notice of intent and request for stay form.
Court's wording
b. Sign a Notice of Intent to File a Petition for Specialized Driving Privileges and Request for Stay of License Suspension [Form CR00-STAY] approved by the Courts and available at the Magistrate’s office;
All parties shall submit Declarations to the court as an exhibit immediately prior to any contested hearing involving child support, the disposition of assets, or maintenance.
Parties shall complete, in full, the Indiana Child Support Obligation Worksheets (Form FL00-402A) and Financial Declarations (Form FL00-402B) on the forms adopted by the Hamilton County Circuit and Superior Courts in all matters involving child support or disposition of assets.
A trial de novo request must meet Indiana Rule 1(B)(4); an indigence affidavit and undertaking must use the court-provided form, and the request may be stricken if the filer can afford but fails to post the required bond or deposit by the court-set time.
Court's wording
a. The Clerk shall not accept for filing or file a request for trial de novo unless it meets the requirement of Indiana Rule 1(B)(4). Further, the Clerk shall not accept or file a request for trial de novo supported by an affidavit of indigence and personal undertaking unless the affidavit and personal undertaking are on the form provided by the Courts. If a request for trial de novo supported by an affidavit of indigence and personal undertaking is accepted for filing, it may be ordered stricken from the record if the Court in which it is filed determines that the party filing the request is able to afford to post a surety bond or cash deposit and the party fails to post the surety bond or cash deposit required within the time set by the Court.
A trial de novo request must meet Indiana Rule 2(B); an indigence affidavit and undertaking must use the court-provided form, and the request may be struck if the filer can afford but fails to post the required bond or deposit by the court-set time.
Court's wording
a. The Clerk shall not accept for filing nor file any request for trial de novo unless it meets the requirement of Indiana Rule 2(B). Further, the Clerk shall not accept or file a request for trial de novo supported by an affidavit of indigence and personal undertaking unless the affidavit and personal undertaking are on the form provided by the Courts. If a request for trial de novo supported by an affidavit of indigence and personal undertaking is accepted for filing, it may be ordered struck from the record if the Court in which it is filed determines that the party filing the request is able to afford to post a surety bond or cash deposit and the party fails to post the surety bond or cash deposit required within the time set by the Court.
Upon receiving the notice of request, the Prosecutor or the municipal counsel is ordered to file, within fifteen (15) days, a duplicate infraction or ordinance complaint and summons alleging the infraction or ordinance violation as originally filed with the city or town court, together with any amended complaint alleging additional or amended counts also filed with the city or town court.
A written request for trial de novo must identify the offense or offenses of conviction in the city or town court, in addition to complying with Supreme Court Rule 3(B).
Court's wording
604.20 DEMAND: The written request for trial de novo must comply with Supreme Court Rule 3(B), but, in addition, must also contain the offense(s) of which the defendant was convicted in the city or town court to enable the Clerk to assign the request for trial de novo to the appropriate court pursuant to the Hamilton County Criminal Random Filing Rule.
At the prosecutor or municipal counsel’s discretion, a notice that no proceeding will be filed may be filed instead of the duplicate complaint; the proposed dismissal order must direct a full refund and release the bond, deposit, or undertaking.
Court's wording
In the discretion of the prosecuting attorney or municipal counsel, and in lieu of filing such duplicate infraction or ordinance complaint and summons, the prosecuting attorney or the municipal counsel shall file with the Court a notice that no proceeding will be filed, together with a proposed order of dismissal including that the Clerk shall refund to the defendant the entire amount of any payment received from the city or town court. The order of dismissal shall also include a release of the surety bond, cash deposit, or personal undertaking.
Upon receiving the notice of the request, the Prosecutor is ordered to file within fifteen (15) days a duplicate charging instrument charging the offense or offenses as originally filed with the city or town court together with any additional charging instrument charging additional or amended counts also filed with the city or town court.
In the prosecuting attorney's discretion, and in lieu of filing such charging instrument, the State shall file with the Court a notice that no proceeding will be filed, together with a proposed Order of Dismissal, including that the Clerk shall refund to the defendant the entire amount of any payment received from the city or town court.
All parties are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.
In all respects, the notice shall comply with all statutory requirements.
All pleadings filed shall contain the parties’ name, address and telephone number and/or the parties’ attorney’s name, address, telephone number and registration number.
Every inventory and accounting filed in an estate or guardianship will be signed and verified by the fiduciary and signed by the attorney for the fiduciary.
The initial petition to open and estate or guardianship shall contain the name, address, social security number (in compliance with Indiana Rules on Access to Court Records Rule 5) and telephone number of the personal representative or guardian, if a person.
The Instructions to the Personal Representative or Guardian, executed by the fiduciary, must be filed with the Court at the time letters are ordered issued in the proceeding (Forms PR00-1, PR00-2, PR00-3, PR00-4)
the attorney shall prepare such notice
703.20 Nonresident personal representatives and guardians shall either appear or submit an affidavit describing their education, employment, and lack of felony convictions.
703.30 Such personal representative or guardian is under a continuing order of the Court to personally advise the Court and the attorney or record in writing as to any change of any required information such as name, address, social security number, or telephone number.
Before letters issue, a fiduciary must file a corporate surety bond in at least the stated property-and-income amount or another amount set by the Court, subject to the provisions that follow.
Court's wording
705.10 In every estate and guardianship, the fiduciary, prior to the issuance of letters, shall file a corporate surety bond in an amount not less than the value of the personal property to be administered, plus, the probable value of annual rents and profits of all property of the estate or in such amount as shall be set by the Court, except as hereafter provided:
702.60 The affidavit of compliance with the notice provisions directed to creditors in an estate proceeding shall be timely filed with the Clerk of the Court.
"NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF ________________________ COURT OF _______________________, INDIANA."
705.30 All petitions to open an estate or guardianship shall set forth the probable value of the personal property plus the estimated annual rents and profits to be derived from the property in the estate or guardianship.
Filing & Service rules
Filing Timing and Cure Windows
The pre-trial notice must be filed with the Court before trial so the Court can consider and rule on the issue.
A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 8 | 112.60 BIOLOGICALLY CONTAMINATED EVIDENCE
The detailed receipt must be filed when the items are removed.
At the time of removal, a detailed receipt shall be provided by the party removing said items and this receipt will be filed in the case.
Page 8 | 112.30 TIME PERIOD FOR REMOVAL BY PARTIES
An opposing attorney or pro se litigant disputing the court-time estimate must notify the Court in writing within ten days after receiving the original order and provide their own good-faith estimate.
205.30 Every opposing attorney or pro se litigant who receives such an order and disputes the estimate of court time needed for the trial or hearing shall notify the Court in writing within ten (10) days of the receipt of the original order and give their own good-faith estimate of the total court time needed.
Page 13 | LR29-TR00-205. TRIAL SETTINGS
Unless a Case Management Order or other court order provides otherwise, a Trial Rule 56 motion must be filed at least 90 days before the scheduled trial date.
Unless a Case Management Order or other court order provides differently, any motion filed pursuant to TR 56 must be filed at least ninety (90) days prior to any scheduled trial date.
Page 16 | 212.10 MOTIONS FOR SUMMARY JUDGMENT
A reply may be filed without request or permission, but if filed must be filed within 14 days after service of the response.
A Reply, which may be filed without request or permission, if filed, shall be filed not later than fourteen (14) days after service of the Response.
Page 16 | 212.10 MOTIONS FOR SUMMARY JUDGMENT
A sur-reply request not ruled on within five days is deemed denied, and service of notice of denial is not required.
Unless such a Request is ruled upon within five (5) days, it shall be deemed denied and entry of service of notice of such denial shall not be required.
Page 18 | 213.40
An Opposition to a Motion to Strike must be filed within seven days after the Motion to Strike is filed.
Any Opposition to a Motion to Strike shall not exceed the greater of six (6) pages or 2,800 words and shall be filed not later than seven (7) days after the Motion to Strike is filed.
Page 18 | 213.30
If the request is granted, the party must file the sur-reply within ten days after the grant.
If the Request is granted, the party shall file a Sur-Reply no later than ten (10) days after the Request was granted.
Page 18 | 213.40
A request to file a sur-reply must be filed within five days after service of the reply.
A Request to file a Sur-Reply shall be filed no later than five (5) days after service of a Reply.
Page 18 | 213.40
A defendant in a city court criminal case may move to transfer the case or demand a jury trial no later than 10 days before the first scheduled trial date.
A defendant in a city court criminal case may, not later than ten (10) days before the first scheduled trial date, move to transfer the case to a court of record or demand a jury trial.
Page 21 | 301.110
The prosecutor must file the required notice at the time the charges are filed.
When the Prosecutor of Hamilton County, individually or through deputy prosecutors, elects to file a felony or misdemeanor case in which two or more individuals or entities are named as Defendants, at the time of the filing of said charges, said Prosecutor or Deputy Prosecutor shall file notice with the Clerk of Hamilton County that said case is to be treated under this rule.
Page 21 | LR29-CR12-303 FILING CO-DEFENDANTS UNDER HAMILTON COUNTY CRIMINAL RANDOM FILING RULE
When charges have been filed with the Clerk, the defendant’s attorney must complete the required steps before the scheduled initial hearing.
306.20 If the charges have been filed with the Clerk, the attorney for the defendant must do the following prior to the scheduled initial hearing:
Page 24 | LR29-CR00-306. WAIVER OF INITIAL HEARING AND NOTICE OF INTENT TO FILE A PETITION FOR SPECIALIZED DRIVING PRIVILEGES
306.40 If the Defendant is charged with a misdemeanor charge involving operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol or higher and the Defendant wishes to both waive the initial hearing and request the Court enter the ten (10) day stay of license suspension authorized by I.C. 9-30-16-1(g), the attorney for the Defendant must do the following prior to the scheduled initial hearing:
306.40 If the Defendant is charged with a misdemeanor charge involving operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol or higher and the Defendant wishes to both waive the initial hearing and request the Court enter the ten (10) day stay of license suspension authorized by I.C. 9-30-16-1(g), the attorney for the Defendant must do the following prior to the scheduled initial hearing:
Page 25 | 306.40
Declarations must be submitted immediately before any contested hearing involving child support, disposition of assets, or maintenance.
All parties shall submit Declarations to the court as an exhibit immediately prior to any contested hearing involving child support, the disposition of assets, or maintenance.
Page 31 | LR29-FL-00-402
If a request is accepted despite insufficient assignment information, the defendant must provide the needed information within 10 days or the request will be stricken as unassignable.
The Clerk of the Courts shall docket and assign the request for trial de novo as a misdemeanor in the appropriate Superior Court in accordance with the Hamilton County Criminal Random Filing Rule (LR29-CR00-301) if the request is sufficient to make such an assignment. If the request contains insufficient information to make such assignment, it may be accepted for filing conditioned upon the defendant providing, within ten (10) days, the information necessary to complete the assignment. If the defendant fails to provide this information within the time specified, then the request for trial de novo shall be stricken as unassignable.
Page 37 | 604.30 FILING AND COURT ASSIGNMENT
Upon receiving the notice of request, the Prosecutor or the municipal counsel is ordered to file, within fifteen (15) days, a duplicate infraction or ordinance complaint and summons alleging the infraction or ordinance violation as originally filed with the city or town court, together with any amended complaint alleging additional or amended counts also filed with the city or town court.
Upon receiving the notice of request, the Prosecutor or the municipal counsel is ordered to file, within fifteen (15) days, a duplicate infraction or ordinance complaint and summons alleging the infraction or ordinance violation as originally filed with the city or town court, together with any amended complaint alleging additional or amended counts also filed with the city or town court.
Page 37
Within 15 days after receiving notice, the Prosecutor must file the duplicate charging instrument and any applicable additional charging instrument.
Upon receiving the notice of the request, the Prosecutor is ordered to file within fifteen (15) days a duplicate charging instrument charging the offense or offenses as originally filed with the city or town court together with any additional charging instrument charging additional or amended counts also filed with the city or town court.
Page 38 | 604.50 NOTICE TO THE PROSECUTING ATTORNEY
The fiduciary-executed Instructions to the Personal Representative or Guardian must be filed when letters are ordered issued in the proceeding.
The Instructions to the Personal Representative or Guardian, executed by the fiduciary, must be filed with the Court at the time letters are ordered issued in the proceeding (Forms PR00-1, PR00-2, PR00-3, PR00-4)
Page 40 | LR29-PR00-702. FILING OF PLEADINGS
A fiduciary must file an inventory for a supervised estate within 60 days of appointment.
706.10 An inventory shall be filed by the fiduciary in estates and guardianships as follows: Supervised estates, within sixty (60) days; guardianships, within ninety (90) days for permanent guardians and within thirty (30) days for temporary guardians. All times relate to the date of appointment of the fiduciary.
Page 42 | LR29-PR00-706. INVENTORY
Within ten days after the order authorizing the account or investment, the fiduciary must file the specified institutional officer’s certification with the Court.
The fiduciary shall thereafter file with the Court within ten (10) days of the order authorizing the creation of the account or investment, a certification by an officer of the institution at which the account or investment has been created, affirming that the account or investment is restricted as required by the Court order and is in compliance with this rule (Form PR00-5).
Page 42 | LR29-PR00-705. BOND
The real-estate appraisal must be filed with the Petition for Sale unless it was already filed with the inventory.
707.10 In all supervised estates and guardianships in which real estate is to be sold, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale, unless such appraisal was filed with the inventory.
Page 43 | LR29-PR00-707. REAL ESTATE
Appraisals required by LR29-PR00-707.10 must be made within one year of the Petition for Sale.
707.20 All such appraisals required by LR29-PR00-707.10 shall be made within one year of the date of the Petition for Sale.
Page 43 | LR29-PR00-707. REAL ESTATE
Three months and fifteen days after the first published notice to creditors, the fiduciary or the fiduciary’s attorney must examine each filed claim and allow or disallow it.
709.10 Three (3) months and fifteen (15) days after the date of the first published notice to creditors, the fiduciary, or the fiduciary’s attorney, shall examine the claims filed in the estate and shall allow or disallow each claim filed against the estate.
Page 44 | LR29-PR00-709. CLAIMS
The required personal-property appraisal must be filed with the Petition to Sell unless it was filed with the inventory; the appraisal requirement does not apply to public-auction sales.
708.10 In all supervised estates and guardianships, no Petition to Sell Personal Property shall be granted unless a written appraisal prepared by a person competent to appraise such property and setting forth the fair market value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the inventory. This rule shall not apply to personal property which is sold at public auction.
Page 44 | LR29-PR00-708. SALE OF ASSETS
710.10 Whenever an estate cannot be closed within one (1) year, the personal representative shall: a. File an intermediate account with the Court within thirty days (30) after the expiration of one (1) year and each succeeding year thereafter.
710.10 Whenever an estate cannot be closed within one (1) year, the personal representative shall: a. File an intermediate account with the Court within thirty days (30) after the expiration of one (1) year and each succeeding year thereafter.
Page 44 | LR29-PR00-710. ACCOUNTING
708.20 All appraisals required by LR29-PR00-707.10 shall be made within one year of the date of the Petition to Sell.
708.20 All appraisals required by LR29-PR00-707.10 shall be made within one year of the date of the Petition to Sell.
Page 44 | LR29-PR00-708. SALE OF ASSETS
The first accounting is due within 30 days after the first anniversary of the guardianship letters, and later accountings are due biennially unless the Court orders otherwise.
When an individual has been appointed to handle the financial affairs of a protected person, an accounting shall be filed within thirty (30) days after the first anniversary of the date the guardianship letters were issued. Thereafter, unless contrary order is issued but the Court, all accountings shall be filed biennially.
Page 46 | 710.80
The Clerk's Certification must be filed when the Closing Statement is filed.
712.20 All court costs shall be paid, and all claims satisfied and released on or before the date of the filing of the Closing Statement and a Clerk's Certification thereof (see attached form) shall be filed with the Court at the time such Closing Statement is filed with the Court.
Page 47 | LR29-PR00-712. UNSUPERVISED ADMINISTRATION
Waivers of notice of the inheritance-tax appraisal and appraisal-report hearing must be filed on or before the inheritance tax return is filed.
715.10 Waivers of notice of the time and place of the appraisal of each property interest of a decedent for inheritance tax purposes and of the hearing on the appraisal report shall be filed on or before the date upon which the inheritance tax return is filed.
Page 48 | LR29-PR00-715. WAIVER OF NOTICE OF INHERITANCE TAX APPRAISAL
The institution officer’s certification is due within ten days of the order authorizing the account or investment.
b. Within ten (10) days of the order authorizing the creation of the account or investment, a certification by an officer of the institution at which the account or investment has been created, affirming that the account or investment is restricted as required by Court order and is in compliance with this rule.
Page 50 | 716.50(b)
The personal representative must file a wrongful-death-claims status report when the estate remains open for one year.
717.20 When an estate remains open one (1) year, the personal representative shall file a status report as to any wrongful death claims.
Page 50 | 717.20
The Attorney’s Undertaking must be executed before letters are issued.
a. Prior to issuance of letters, the fiduciary's attorney shall execute an Attorney's Undertaking for such assets (Form PR00-15).
Page 50 | 716.50(a)
A final account for the wrongful death proceeds must be filed within 30 days.
A proposed order shall be presented to the Court, ordering distribution in accordance with IC 34-1-1-2 and requiring that a final account as to the wrongful death proceeds be filed within thirty (30) days.
Page 51
Time limits for summary judgment filings must comply with Trial Rule 56.
Time limits shall be in accordance with TR 56.
Page 16 | 212.10 MOTIONS FOR SUMMARY JUDGMENT
A guardian or the guardian’s attorney may petition for fees when filing an inventory; otherwise, another fee petition may not be filed until an annual, biennial, or final accounting is filed, although the Court may consider a petition for unusual substantial work.
A guardian or guardian’s attorney may petition for fees at the time of filing an inventory. Other than as provided hereafter, no further petition for fees may be filed until a biennial, annual, or final accounting has been filed. When unusual items of substantial work occur during the proceedings, the Court may consider a petition to allow fees for such service.
Page 46 | 711.30
Service and Proof of Service Rules
A party offering biologically contaminated evidence must serve the pre-trial notice on all parties so the Court can consider the issue before trial.
A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 8 | 112.60 BIOLOGICALLY CONTAMINATED EVIDENCE
Registered IEFS users must use IEFS to serve documents.
Pursuant to Trial Rule 86 registered users of the Indiana Electronic Filing System (IEFS) must utilize the IEFS to accomplish service.
Page 12 | LR29-TR03-201. FILING OF PLEADINGS & ENTRY OF APPEARANCES
Both parties must furnish items disclosed and required under the rule within a reasonable time thereafter.
Both parties shall furnish items disclosed and required to be furnished under this Rule within a reasonable time thereafter.
Page 25 | 307.10 General Provisions
The State must disclose covered discovery within 30 days of the latest listed triggering event, and the defendant must disclose covered discovery within 30 days after the State’s disclosure, subject to constitutional and court-ordered limitations.
Within thirty (30) days from the date of the initial hearing, the entry of an appearance by an attorney for a defendant or an appearance by a pro se defendant, or from the formal filing of charges, whichever occurs later, the State shall disclose all relevant items and information under this rule to the defendant, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order, and the defendant shall disclose all relevant items and information under this rule to the State within thirty (30) days after the State’s disclosure.
Page 25 | 307.10 General Provisions
If the State withholds a witness’s address or other contact information for the stated safety reason, it must make the witness available to defense counsel upon reasonable notice.
If the State does not disclose the witness’ address or other contact information in it possession for the reason stated under this rule then this State shall make the witness available to the defense counsel upon reasonable notice.
Page 26 | 307.20 STATE DISCLOSURES
The State must disclose covered witness information and statements, accused and co-defendant statements, applicable grand-jury testimony, expert materials, intended or accused-related tangible evidence, qualifying prior convictions, and specified criminal-history information within its possession or control.
The State shall disclose the following materials and information within its possession or control: 1. The names and last known address of person whom the State intends to call as witnesses along with copies of their relevant written and recorded statements; 2. Any written, oral, or recorded statements made by the accused or by a co- defendant, and a list of witnesses to the making and acknowledgment of such statements; 3. If applicable, the State shall disclose the existence of grand jury testimony of any person whom the prosecuting attorney my call as a witness at any trial or hearing in the case. In addition, the State shall provide a copy of those portions of any transcript of grand jury minutes within the State’s possession, which contain the testimony of such witness or witnesses. If such transcripts do not exist, the defendant may apply to the Court for an order requiring their preparation; 4. Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; 5. Any books, papers, documents, photographs, or tangible objects that the prosecuting attorney intends to use in the hearing or trial or which were obtained from or belong to the accused; 6. Any record of prior criminal convictions that may be used for impeachment of the person whom the Sate intends to call as witnesses at any hearing or trial; and 7. Any criminal history information or documents regarding the defendant and sourced from criminal justice information (CJI) systems, the Bureau of Motor Vehicles, or other governmental agency.
Page 26 | 307.20 STATE DISCLOSURES
The State must disclose material in its possession or control that tends to negate guilt or reduce punishment.
The State shall disclose to the defendant(s) any material or information within its possession or control that tends to negate the guilt of the accused as to the offenses charged or would tend to reduce the punishment of such offenses.
Page 26 | 307.20 STATE DISCLOSURES
Parties must exchange Financial Declarations within 30 days after a new case or modification petition is filed, unless they agree otherwise or the Court grants leave.
Financial Declarations shall be exchanged by the parties within thirty (30) days of a new case or modification petition being filed, unless by agreement of the parties or leave of the Court.
Page 31 | LR29-FL-00-402
Before bringing a matter to the Court, the attorney must ascertain and provide adequate proof that notice was properly served.
It shall be the attorney’s responsibility to ascertain and provide adequate proof thereof regarding whether notice was properly served prior to bringing a matter to the Court.
Page 40 | LR29-PR00-701. NOTICE
When a hearing arises from matters contained in a petition or motion, copies of that petition or motion must be sent with all notices.
Copies of petitions or motions shall be sent with all notices where the hearing involved arises from the matters contained in the petition or motion.
Page 40 | LR29-PR00-701. NOTICE
Notice of an estate’s opening must be sent by First Class United States Mail to all reasonably ascertainable creditors.
Notice of the opening of an estate shall be sent by First Class United States Mail to all reasonably ascertainable creditors;
Page 40 | LR29-PR00-701. NOTICE
When notice by publication is required, the attorney must ensure that it is properly published.
Whenever notice by publication and/or written by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published and/or served by certified mail, return receipt requested.
Page 40 | LR29-PR00-701. NOTICE
Notice of a hearing on a petition to determine an estate insolvent must be served on all interested parties, including the local representative of the Indiana Department of Revenue’s Inheritance Tax Division.
Notice of the hearing to be held on a Petition to determine an estate insolvent shall be served on all interested parties, including the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.
Page 40 | LR29-PR00-701. NOTICE
When an estate or guardianship account is set for hearing, copies of the account must be served with the hearing notice.
Whenever any estate or guardianship account (including a final account in a supervised estate) is set for hearing, copies of the account must be served with the notice of hearing.
Page 40 | LR29-PR00-701. NOTICE
If the Court determines that no Inheritance Tax Schedule is required, a copy of its order must be served on the local representative of the Indiana Department of Revenue's Inheritance Tax Division.
713.10 If the Court determines that no Inheritance Tax Schedule is required to be filed, a copy of the Court's order shall be served on the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.
Page 47 | LR29-PR00-713. MISCELLANEOUS
An adult guardian may not be appointed and a protective order may not be entered without notice unless verified allegations show that delay may cause immediate and irreparable injury or property loss or damage.
714.30 Pursuant to IC 29-3-3-4(a) no guardian of an adult shall be appointed or protective order entered without notice except upon verified allegations that delay may result in immediate and irreparable injury to the person or loss or damage to the property.
Page 47 | LR29-PR00-714. GUARDIANSHIPS
When an interested person has not filed a waiver, the personal representative must notify that person of the appraisal’s time and place when filing the inheritance tax return.
715.40 In the event that a waiver is not filed for each interested person, the personal representative shall, at the time of filing the inheritance tax return, provide notice of the time and place of the appraisal to each interested person who has not filed a waiver.
Page 49 | 715.40
When the appraiser’s report is filed, the personal representative must notify all known interested persons, including the Department of State Revenue, of the hearing’s time and place.
Upon the filing of the appraiser's report, the personal representative shall provide notice of the time and place of the hearing on the report to all persons known to be interested in the resident decedent's estate, including the Department of State Revenue.
Page 49 | 715.40
IEFS registration constitutes consent to receive court orders and their service by email.
Registered users of IEFS by their registration with the system are deemed to have consented to accept notice and service of orders from the Court by electronic mail.
Page 12 | LR29-TR03-201. FILING OF PLEADINGS & ENTRY OF APPEARANCES
After a special judge qualifies, counsel or a pro se litigant must mail or deliver copies of each filed pleading and Chronological Case Summary entry to the judge’s office and indicate service on the certificate of service.
204.20 After a special judge has qualified, a copy of each pleading and Chronological Case Summary entries filed with the Court shall be mailed or delivered to the office of that Special judge by the counsel or pro se litigant with service indicated on the certificate of service.
Page 13 | LR29-TR79-204. SPECIAL JUDGES
Each side must seek out discovery under the rule, and failing to do so may result in waiver of the right to full discovery.
Although each side has a right to full discovery under the terms of this rule, each side has a corresponding duty to seek out the discovery. Failure to do so may result in the waiver of the right to full discovery under this rule.
Page 26 | 307.10 General Provisions
After the request is filed and assigned, the Clerk must promptly send notice to the prosecutor or municipal counsel.
Promptly after the request for trial de novo is filed and assigned to the appropriate court, the Clerk shall send notice of the request to the prosecuting attorney or the municipal counsel.
Page 37
After the request is filed and assigned, the Clerk must promptly send notice to the prosecuting attorney.
Promptly after the request for trial de novo is filed and assigned to the appropriate court, the Clerk shall send notice of the request to the prosecuting attorney.
Page 38 | 604.50 NOTICE TO THE PROSECUTING ATTORNEY
The State may withhold a witness’s address or other contact information if it in good faith believes disclosure may jeopardize the safety of the witness or the witness’s immediate family.
The State may refrain from providing a witness’ address or other contact information under this rule if the State in good faith believes that the disclosure of the witness’ address or other contact information my jeopardize the safety of the witness or the witness’ immediate family.
Page 26 | 307.20 STATE DISCLOSURES
The State may use any disclosure method mutually agreeable with the defendant, including notifying the defendant or defense counsel of a specified reasonable time and place to inspect, obtain, test, copy, or photograph the material.
The State may perform these disclosure obligations in any manner mutually agreeable to the State and the defendant. Compliance may include a notification to the defendant or defense counsel that material and information being disclosed may be inspected, obtained, tested, copied, or photographed at a specified reasonable time and place.
Page 26 | 307.20 STATE DISCLOSURES
Certified mail, return receipt requested, is recommended for serving notice of the opening of an estate.
however, the use of certified mail, return receipt requested, to serve such notice is recommended.
Page 40 | LR29-PR00-701. NOTICE
Filing Fees and Waivers
Court costs must be paid and all claims satisfied and released before approval of the Final Account at its hearing.
All court costs shall be paid, and all claims satisfied and released before the hearing on the Final Account shall be approved.
Page 45 | 710.70
All court costs must be paid and all claims satisfied and released by the date the Closing Statement is filed.
712.20 All court costs shall be paid, and all claims satisfied and released on or before the date of the filing of the Closing Statement and a Clerk's Certification thereof (see attached form) shall be filed with the Court at the time such Closing Statement is filed with the Court.
Page 47 | LR29-PR00-712. UNSUPERVISED ADMINISTRATION
The Clerk retains an administrative fee from each cash bond in a criminal case, capped at the lesser of 10% of the bond or $50.
Pursuant to Indiana Code 35-33-8-3.2 and 35-33-8-4, the Hamilton County Clerk shall retain a portion of each cash bond posted in criminal cases as an administrative fee. The administrative fee shall not exceed ten percent (10%) of the monetary value of the cash bond or $50, whichever is less.
Page 55 | CASH BONDS PERMITTED
The fee for C.A.R.E. assessment, referral, and case management services is $150.00.
The judges of Hamilton County have established the following fees for the Hamilton County Court Assisted Rehabilitative Effort (C.A.R.E.) program: Assessment, referral and case management services $150.00
Page 2 | LR29-AR00-105. FEES FOR THE HAMILTON COUNTY C.A.R.E. PROGRAM
When the Court permits duplication, each flash drive costs $5.00.
The Judges of Hamilton County, in order to comply with IC 5-14-3-8, have established the following fees for duplication of audio and video media when permitted by the Court: Flash Drive $5.00/each
Page 2 | LR29-AR00-106. DUPLICATION FEES
Amounts due for a hearing CD or flash drive must be paid before it is produced.
To obtain a CD or flash drive of a hearing a FORM AR00-106 must be completed and submitted to the Court Reporter (copes of the Form may be obtained from the Court Reporter) and all amounts due must be paid before the CD or flash drive will be produced.
Page 2 | LR29-AR00-106. DUPLICATION FEES
When the Court permits duplication, each CD costs $1.00.
The Judges of Hamilton County, in order to comply with IC 5-14-3-8, have established the following fees for duplication of audio and video media when permitted by the Court: CD $1.00/each
Page 2 | LR29-AR00-106. DUPLICATION FEES
The Drug Court service fee is capped at $50 per month per referral.
Service fee (per month, per referral) not to exceed $50.00
Page 7 | LR29-AR00-110. FEES FOR THE HAMILTON COUNTY DRUG COURT
Chemical testing fees are assessed in addition to the Drug Court service fee.
NOTE: Chemical testing fees will be assessed in addition to the Drug Court services fee.
Page 7 | LR29-AR00-110. FEES FOR THE HAMILTON COUNTY DRUG COURT
The Hamilton County Drug Court administration fee is $100 per admission.
Administration fee (per admission) $100.00
Page 7 | LR29-AR00-110. FEES FOR THE HAMILTON COUNTY DRUG COURT
The Veterans Court charges a $50 service fee per month for each referral.
Service fee (per month, per referral) $50.00
Page 9 | LR29-AR00-113. FEES FOR THE HAMILTON COUNTY VETERANS COURT
Hamilton County Pretrial Services charges an initial service fee of $50.
One (1) Initial Pretrial Service fee $50.00
Page 9 | LR29-AR00-114. FEES FOR THE HAMILTON COUNTY PRETRIAL SERVICES
Chemical testing fees are assessed in addition to the Veterans Court service fee.
NOTE: Chemical testing fees will be assessed in addition to the Veterans Court service fee.
Page 9 | LR29-AR00-113. FEES FOR THE HAMILTON COUNTY VETERANS COURT
A defendant who fails to pay the Class D infraction amount by the established date incurs an additional $25 late fee.
The Violations Clerk/court staff shall inform the defendant that failure to pay by the date established will result in the imposition of an additional late fee of $25.00.
Page 10 | LR29-AR00-115. TRAFFIC VIOLATION BUREAU AND PROCEDURES
To resolve an FTA for a Class D infraction, the defendant may pay $25 by a date no more than 20 days after the request or appear in court by a date no more than 30 days after the request.
For all Class D infractions, either: Pay $25.00 on or before a date set by the Violations Clerk/court staff (said date not to exceed 20 days from the date of the request). The Violations Clerk/court staff shall inform the defendant that failure to pay by the date established will result in the imposition of an additional late fee of $25.00. Or, appear in court on a date set by the Violations Clerk/court staff not to exceed 30 days from the date of the request.
Page 10 | LR29-AR00-115. TRAFFIC VIOLATION BUREAU AND PROCEDURES
A person charged with a covered traffic violation may mail or deliver the scheduled judgment amount and the applicable signed admission or plea instead of appearing in open court.
Any person charged with a traffic violation that is within the authority of the Violations Clerk may mail or deliver the amount of the judgment (including costs indicated on the posted schedule) and a signed admission of the violation or a plea of nolo contendere (if the action is for a moving traffic violation) and need not appear in open court.
Page 10 | LR29-AR00-115. TRAFFIC VIOLATION BUREAU AND PROCEDURES
For a scheduled offense with no required appearance, the defendant may pay the scheduled fine and costs for each cause by a date no more than 30 days after the request.
For all scheduled offenses for which the defendant is not required to appear, either: Pay the scheduled fine plus court costs for each separate cause. This shall be paid by a date set by the Violations Clerk/court staff not to exceed 30 days from the date of the request.
Page 10 | LR29-AR00-115. TRAFFIC VIOLATION BUREAU AND PROCEDURES
A person who does not pay an infraction or ordinance-violation fine and costs in full by the mailed deadline is subject to the local-rule late fee, and the failure to pay is reported to the BMV.
However, where a person fails to pay any fine or courts costs imposed on an infraction or an ordinance violation in full by the date specified by the court in said mailing, the defendant shall be subject to the late payment fee established by Hamilton County Local Rule 29-CR00-308, will be shown as failure to pay, and such failure to pay shall be reported to the BMV for appropriate action.
Page 11 | Traffic Violations Bureau
The Violations Clerk must collect the late fee established by Hamilton County Local Rule 29-CR00-308.
The Violations Clerk shall collect the late fee as set out in Hamilton County Local Rule 29-CR00-308.
Page 11 | 115.80
A defendant granted time to pay after judgment is subject to the local-rule late fee if the defendant does not pay as agreed.
Where a defendant has appeared in open court as required and a judgment for fine and court costs has been entered, and the defendant has requested and been granted time to pay, and the fails to pay as agreed, the defendant shall be subject to the late payment fee established by Hamilton County Local Rule 29-CR00-308, and the Clerk is authorized to send notice of such failure to pay to the BMV for appropriate action.
Page 11 | Traffic Violations Bureau
Failure to pay by the established date results in an additional $25 late fee for each separate cause.
defendant that failure to pay by the date established will result in the imposition of an additional late fee of $25.00 for each separate cause.
Page 11 | Traffic Violations Bureau
Overpayments of $3.00 or less are retained as an overpayment fee and deposited into the Hamilton County General Fund.
The Courts having made all reasonable efforts to inform traffic violators of the judgment amount (including costs) to be paid for their violation, and recognizing that overpayments result in increased staff time, accounting confusion, and delays, hereby order that any overpayment of $3.00 or less shall be retained by the Violation Clerk as an overpayment fee and shall be deposited through the Clerk’s miscellaneous fund account into the Hamilton County General Fund.
Page 11 | 115.70
Covered fines, costs, and penalties are due by 4:30 p.m. on the assessment date unless otherwise ordered; extensions follow the stated 4:30 p.m. deadline, and the Clerk may collect a late fee for nonpayment, subject to suspension for good cause.
308.10 Fines, court costs, and civil penalties assessed for infractions, violations of municipal ordinances, felonies, misdemeanors or juvenile delinquency and juvenile status offenses are to be paid before 4:30 p.m. on the date they are assessed unless otherwise ordered. An order extending this deadline will be presumed to require payment on or before 4:30 p.m. of the extension deadline date or on the last business day of the extension period if a specific date is not set. If said fine, cost, or penalty is not paid in conformity with this rule or the court order extending the deadline, the Clerk may collect a late fee under IC 33-37-5-22, subject to the Court’s authority to suspend said late fee for good cause.
Page 28 | LR29-CR00-308. LATE PAYMENT FEE
A late fee for fines and costs imposed in night court sessions of Superior Courts 4, 5, and 6 cannot be assessed until the courts’ Traffic Violations Bureau has notified the Bureau of Motor Vehicles of nonpayment.
308.20 Notwithstanding the above, a late fee shall not be assessed for any late payment of fine and costs imposed in the night court sessions of Superior Courts 4, 5, and 6 until the Traffic Violations Bureau of those courts has forwarded notice to the Bureau of Motor Vehicles of failure to pay.
Page 28 | LR29-CR00-308. LATE PAYMENT FEE
Courtesy Copy Requirements
Deliver a courtesy copy to the Magistrate’s Office with a copy of the summons for the defendant’s scheduled initial hearing date.
b. Deliver a courtesy copy to the Magistrate’s Office along with a copy of the summons for the defendant’s scheduled initial hearing date.
Page 25
Sealing & Redaction Procedures
On request, the Court may seal an inventory in its discretion; any sealed inventory must be maintained in the court reporter’s evidence file.
706.30 In the event that the personal representative should request that an inventory be sealed, the Court may, in its sole discretion, seal such inventory. If an inventory is sealed, it shall be maintained in the court reporter’s evidence file in the Court in which such estate is filed.
Page 43 | 706.30
Filing Bundling Requirements
Any non-moving-party Motion to Strike must be filed with the Response, and any moving-party Motion to Strike must be filed with the Reply Memorandum.
At the time a Response to Motion for Summary Judgment is filed, the non-moving party’s Motion to Strike, if any, shall also be filed. At the time a Reply Memorandum is filed, the moving party’s Motion to Strike, if any, shall also be filed.
Page 18 | 213.30
Adjournment & Extension Requirements
A written continuance motion must state when opposing counsel was advised, counsel’s position, the scheduled hearing or trial date and time, the approximate delay needed, and the estimated duration when rescheduled.
206.10 Motions for continuance shall be in writing and include the following information: a. The date and time opposing counsel was advised that a continuance will be requested. b. Whether opposing counsel agrees with or objects to the request. c. The date and time of the hearing or trial for which a continuance is being sought. d. The approximate amount of time needed to elapse before the matter can be heard. e. A good-faith estimate of the time needed for such hearing or trial when rescheduled.
Page 13 | LR29-TR53-206. CONTINUANCES
Unless good cause is shown, a continuance motion for a court trial or hearing must be filed at least five days beforehand.
206.20 Unless good cause is shown, no motions for continuance will be considered unless filed at least five (5) days before a court trial or hearing, and at least ten (10) days before a Jury Trial.
Page 14 | LR29-TR53-206. CONTINUANCES
No continuance will be granted for the specified Class D infraction court appearance.
The Violations Clerk/court staff shall inform the defendant that no continuance will be granted, and that a second FTA could result in a warrant being issued for the defendant’s arrest.
Page 10 | LR29-AR00-115. TRAFFIC VIOLATION BUREAU AND PROCEDURES
Chambers Communication Rules
An attorney who attempts to waive an initial hearing before charges are filed must check with the Magistrate on the scheduled hearing date to confirm the required paperwork is in the defendant’s file.
306.50 If an attorney attempts to waive the initial hearing prior to the filing of charges as provided in LR29-CR00-306.30, it is the attorney’s responsibility to check with the Magistrate on the scheduled initial hearing date to make sure that the required paperwork was placed with the defendant’s file.
Page 25 | 306.50
The Magistrate and Courts disclaim responsibility for a failure-to-appear warrant after an attorney attempts to waive the initial hearing before charges are filed.
The Magistrate and Courts will not be responsible if a Court issues a warrant for a defendant’s failure to appear for an initial hearing after an attorney has attempted to waive the initial hearing prior to the filing of the charge.
Page 25 | 306.50