Henry County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Order
- 1 copy
Adjournments
- An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.
- The Court may, in its discretion, allow opposing counsel to respond to a subsequent motion for enlargement of time.
- Requests to extend time for filing briefs or similar action must be timely filed and accompanied by a tendered order with sufficient copies under Rule 3.
- +6 more
Request must include
- A continuance motion should be filed as soon as the cause is discovered and no later than five business days before trial, unless an affidavit shows the reason arose during that five-day period.
Document Format Requirements4 rules
Neither typewritten signatures nor facsimile signatures shall be accepted on original documents. Facsimile signatures are, however, permitted on copies and facsimile filing.
Xeroxed, printed, photocopies and form pleadings will be accepted only if clearly typed or printed and are legible, understandable and unaltered by strikeover or erasures and in compliance with section (A) of this Rule.
The abbreviation (H.I.) should not be used in pleadings.
Interrogatories must be consecutively numbered and specific to the cause, and duplicated forms may be served only if they comply with the rule.
Court's wording
All interrogatories shall be consecutively numbered and be applicable to the cause in which the same are filed and served. No Xeroxed or otherwise duplicated forms containing interrogatories shall be served unless they comply with the provisions of this Rule.
Document Filing Requirements62 rules
Each filed pleading, motion, or other document must identify the filer’s specified contact details and designate the party represented by an attorney.
Court's wording
Each pleading, motion or other document filed, shall clearly identify the name, attorney number, address, telephone number and facsimile number of the attorney (if facsimiles are accepted), attorneys or pro se litigant filing the same and shall designate the party for whom an attorney appears.
At the time of filing a petition to withdraw, counsel shall tender to the Court an order granting the petition and ordering the relief sought with sufficient addressed envelopes to non-local attorneys and any unrepresented parties.
Counsel seeking to withdraw must petition for leave, give the client ten days’ written notice, and attach that notice to the petition before permission to withdraw is given.
Court's wording
Counsel desiring to withdraw an appearance in any pending action shall file a petition requesting leave of Court to do so. Permission to withdraw shall be given only after the petitioning attorney has given his or her client ten (10) days written notice of the intent to withdraw. A copy of said written notice shall be attached to the petition.
A withdrawal notice to the client must include the client’s complete mailing address, the stated consequences of failing to obtain counsel or appear, and pertinent dates and deadlines.
Court's wording
The written notice to the client shall contain the client’s complete mailing address and shall explain to the client that failure to secure new counsel or appear may result in dismissal of the client’s case or in the rendering of a default judgment, and shall further delineate other pertinent information such as any pending trial date, hearing date and any pleading, discovery or other pre-trial deadline(s).
File a properly completed and signed appearance on the prescribed form to represent a party at a hearing or receive court notices.
Court's wording
Properly completed and signed appearance forms shall be filed in all actions pursuant to Indiana T.R. 3.1. An appearance, on the prescribed form, must be filed with the court to represent a party at a hearing and to receive notices from the Court.
Every enlargement motion must include a tendered order; the initial-motion order must state the specific 30-day extension date, while later orders must leave appropriate date lines blank for the Court.
Court's wording
All motions for enlargement of time shall be accompanied by a tendered order sustaining same. The order tendered upon initial motions for enlargement of time shall recite the specific date, 30 days in advance, to which the time is extended. Subsequent motions for enlargement of time shall contain appropriate blank date lines for the Court’s completion.
When a hearing is requested, the request shall be made by filing with the Court a written “REQUEST FOR HEARING” upon a page separate from and not incorporated in a pleading or motion.
When a motion requires notice of hearing, a Notice of Hearing form shall be provided. The time and date of hearing shall be left blank and fixed by the Court unless previously arranged with Court staff.
Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is requested to be enlarged. If the motion is not filed on or before the original due date it shall state specific reasons why it is not timely.
Any subsequent motions for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be supported with a written statement of specific reasons why a second or subsequent extension is required.
Further, the motion shall clearly indicate in the heading that is a second, third etc., motion for enlargement of time.
All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief.
All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
Pleadings and orders must identify each topic in their titles and use subtitles in the body for added specificity.
Court's wording
All pleadings and orders shall be titled to delineate each topic included in the pleading, and further specificity shall be provided by placing subtitles within the body of the pleading, e.g., where a pleading contains an Answer, a Counterclaim, a Cross-claim, a Motion to Dismiss, a Motion to Strike or a Jury Request.
Pleadings must contain the attorney’s written and printed signatures, attorney number, applicable firm name, complete address and telephone number, and party designation.
Court's wording
All pleadings shall contain the written signature and attorney number of the individual attorney, his or her printed signature, the name, if appropriate, of the law firm, complete address and telephone number (including zip and area codes respectively), and a designation as to the party for whom he or she appears.
Once a Special Judge has qualified, parties shall mail or deliver to the Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
A motion to shorten the discovery response period must state specific reasons and include a tendered order with blank lines for the Court to set the response date.
Court's wording
A motion requesting that the Court shorten the time period for response to discovery shall specifically set forth reasons for the request. Any such motion shall be accompanied by a tendered order containing blank lines for the Court’s use in establishing the response date.
A party may request a Pre-Trial Conference in a case triable by the Court, but shall specifically state reasons in said request.
If a Conference of Attorneys is held, plaintiff’s counsel must prepare a statement in advance, send it to opposing counsel for approval, and file it at the Pre-Trial Conference.
Court's wording
In the event a Conference of Attorneys is held, plaintiff’s counsel shall prepare, in advance of the Pre-Trial Conference, a statement regarding the conference of attorneys and forward same to opposing counsel for their approval. Said statement shall then be filed with the Court at the time of the Pre-Trial Conference.
Signing a covered discovery request or response certifies that it was reasonably investigated, legally warranted or a good-faith effort to change the law, not filed for an improper purpose, and not unduly burdensome or expensive.
Court's wording
Signature(s) shall constitute a certification that the signing person(s) has read the request or response and that, to the best of that person’s knowledge, information and belief formed after a reasonable inquiry, such request, answer or objection is: (1) warranted by existing law or constitutes a good faith attempt to extend, modify or reverse existing law; (2) for no improper purpose, such as harassment, unnecessary delay or needless increase in the cost of litigation; and (3) not unreasonable, unduly burdensome or expensive, given the needs of the case, the prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the litigation.
Discovery requests and responses filed in support of sanctions or an order compelling discovery must bear the required party and attorney signatures, or the unrepresented party’s signature, address, and phone number.
Court's wording
For discovery filed with the Court in seeking sanction or an order compelling, every request for and response to discovery shall be signed by a party as required by the Indiana Rules of Civil Procedure and shall further be signed by at least one attorney of record in his or her individual name. A party who is not represented by an attorney shall sign the request or response and state his or her specific address and phone number.
The Court may do so upon motion by the attorney for any party if the motion is accompanied by a discovery plan which includes: (1) A statement of the issues as they then appear; (2) A proposed schedule of discovery; (3) Any limitations proposed to be placed on discovery; (4) Any proposed orders with respect to discovery; and (5) A statement showing that the attorney making the motion has made a reasonable effort to reach agreement with opposing attorneys on the matters set forth in the motion.
Answers and objections to interrogatories under T.R. 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection with the interrogatory numbers identified.
When DVDs are offered into evidence, the offering party shall file with the Court a transcript of the testimony contained therein.
A response to a motion to compel must state the discovery request, the response or objection, and the supporting legal grounds.
Court's wording
Responses to Motions. All responses to motions to compel discovery shall set forth the respective question or request propounded and the response or objection. Additionally, a recitation of the legal grounds in support of the response shall be provided.
A party, who seeks an award of expenses or attorney’s fees in conjunction with the filing of a Motion to Compel, shall make said request in a separate written petition.
A motion to compel discovery shall be accompanied by a tendered order compelling discovery with blank date lines for use by the Court in setting a deadline for compliance.
In all cases where counsel has requested findings of fact and conclusions of law under Trial Rule 52, counsel shall be required to submit proposed findings and conclusions both in written form and in an electronic format as requested by the Court.
Motions to Compel. All motions to compel discovery shall contain the precise question or request propounded and the responsive answer or objection.
All Motions for Continuance shall be accompanied by a tendered order sustaining same. The order shall identify the date and time of the existing hearing to be vacated and reset and contain appropriate blanks for the continued hearing to be completed by the Court.
Where all counsel of record agree to the continuance, such agreement shall be submitted to the Court in a denominated “Agreed Motion for Continuance” signed by all counsel of record or by recitation within the text and title of the Motion that all counsel agree.
A Motion for Continuance, unless made in open Court, shall be in writing and verified unless the Court directs otherwise.
Each finding shall be accompanied by specific reference to the material that supports said finding.
Any Motion for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.
Motions for Summary Judgment shall be accompanied by a brief.
At or prior to the time of filing a Motion for Summary Judgment and Brief in support thereof or an opposing brief, counsel shall insure, that all supporting or opposing materials, including affidavits, are made a part of the record in the cause.
When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.
Responses to Motions for Partial Summary Judgment shall similarly be accompanied by proposed findings of fact which reflect the genuine issues which a party contends exist in a cause.
When opposing counsel is unrepresented, the moving counsel shall provide a form notice under T.R. 56.
Briefs in support of and in opposition to Motions for Summary Judgment shall make specific reference to materials relied upon to support or oppose the Motion.
When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.
Conclusions of law shall make reference to statutory or case citations supporting same.
An oral authorization for a no-contact order must be reduced to a written order and submitted to the Judge.
Court's wording
If a no-contact order is needed at times other than regular court business hours, the Prosecuting Attorney or the Sheriff may contact a Judge and request release of the arrested person on bond or an oral authorization for a no-contact order, which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.
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 facts supporting a request for deferral must be recorded under oath or affirmation pursuant to Indiana Jury Rule 8.
A decree prepared following a hearing at the direction of the court shall be prepared by Counsel for the Petitioner and submitted to counsel for the Respondent who shall both sign the Decree “Approved as to Form.”
Divorcing parents with children must provide the original program attendance certificate at the start of the final hearing or with their Waiver of Final Hearing.
Court's wording
All divorcing parents with children must attend the required “Parents Apart, Parenting Together” or equivalent program and provide the court with the original certificate of attendance at the commencement of their final hearing or accompanying their Waiver of Final Hearing.
A child support worksheet and Income Withholding Order must be attached to all decrees.
Two original copies of the decree must be tendered along with sufficient copies for all counsel and parties if unrepresented.
The parties must also file a child support worksheet to accompany their Decree of Dissolution of Marriage and Income Withholding Order if the parties have children and there is a child support order.
At contested final hearings, counsel are directed to prepare and submit a list of assets, list of debts, and proposed distribution of assets and debts indicating those items which are in dispute along with any other supporting documents or exhibits.
The written decree must state that the non-custodial parent is responsible for the annual child support docket fee. The decree must also provide for the payment of uninsured medical expenses pursuant to the child support rules.
A petition to withdraw appearance, accompanied by the proper appearance of other counsel, or where one has been recently filed, shall constitute a waiver of the requirements of (B) of this rule.
Parties may, however, waive hearing upon said motions by filing with the Court, simultaneous with said filing, a written “WAIVER OF HEARING” upon a page separate from and not incorporated in the pleading or motion.
Requests for hearing should be made in proper pleading form
In the event an agreement to use depositions in such manner is reached, pursuant to T.R. 32(A)(3)(f), such agreement shall be noted within the context of the deposition.
Motions to compel and responses or objections that merely refer to the opposing papers are subject to summary ruling.
Court's wording
Summary Ruling. Motions to compel and responses or objections which merely make reference to the moving party’s discovery motion and the opposing party’s response or objection shall be subject to summary ruling.
The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to counsel.
Wherever feasible, copies of said materials should be attached to the respective briefs of the parties.
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Following the Pre-Trial Conference, the Court may request that counsel prepare and tender a proposed Pre-Trial Order or, in the alternative, the Court itself may prepare and forward to counsel a Pre-Trial Order.
The Court reserves the right to request proposed findings of fact and conclusions of law when it determines that pursuant to the filing of a general Motion for Summary Judgment, a Partial Summary Judgment may be in order.
Filing & Service rules
Filing Timing and Cure Windows
An adverse party has 15 days after service of the movant’s brief to file an answer brief, and untimely briefs may subject a T.R. 12 motion to summary ruling.
An adverse party shall have 15 days after service of the movant’s brief to file an answer brief. Failure to timely file briefs shall subject all motions filed pursuant to T.R. 12 to summary ruling.
Page 3 | LR33-TR12-1 MOTIONS - RULE 12
The opposing party has ten days after service of the petition to respond and request a hearing.
The opposing party shall have a period of ten (10) days after service of the petition in which to respond and request a hearing.
Page 7 | LR33-TR26-1 CIVIL DISCOVERY RULES
An adverse party has thirty days after service of the movant’s brief to file an Answer brief and any opposing affidavits.
An adverse party shall have thirty (30) days after service of the movant’s brief to file an Answer brief and any opposing affidavits.
Page 9 | LR33-TR56-1 MOTIONS - SUMMARY JUDGMENT
The written no-contact order must be submitted to the Judge on the next business day of the Court.
If a no-contact order is needed at times other than regular court business hours, the Prosecuting Attorney or the Sheriff may contact a Judge and request release of the arrested person on bond or an oral authorization for a no-contact order, which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.
Page 14 | NO CONTACT PROVISIONS
A deferral request must be received and acted on before voir dire begins; requests received after voir dire begins will not be approved.
The request for deferral must be received by the court and acted upon prior to the commencement of voir dire in the trial from which the juror seeks deferral. The written request for deferral or oral record of evidence shall be retained for a period of two years in the manner provided by this plan under the record keeping section. Deferral request received after the commencement of voir dire in the trial for which a juror was called shall not be approved.
Page 22 | LR33-JR1-8 Deferral
Where feasible, agreed continuance motions should be filed at least seven days before the hearing so the Court can schedule other matters.
Agreed Motions should be filed at least seven (7) days before the date of the hearing where feasible in order to permit the Court to schedule other matters.
Page 8 | LR33-TR53.5-1 CONTINUANCES
Due to congestion of Court calendars, any Motion for Summary Judgment filed less than thirty (30) days before the trial may not be considered by the Court.
Due to congestion of Court calendars, any Motion for Summary Judgment filed less than thirty (30) days before the trial may not be considered by the Court.
Page 9 | LR33-TR56-1 MOTIONS - SUMMARY JUDGMENT
If a summary judgment motion is filed prematurely, the Court may delay its ruling and hearing until after the Pre-trial Conference.
When Motions for Summary Judgment are prematurely filed, the Court may delay ruling and hearing thereon until a time subsequent to the Pre-trial Conference.
Page 9 | LR33-TR56-1 MOTIONS - SUMMARY JUDGMENT
Counsel should wait to file a summary judgment motion until discovery is sufficiently complete to allow proper assessment of the motion and response.
Although the rules of civil procedure permit early filing of Motions for Summary Judgment, counsel should refrain from filing Motions for Summary Judgment until discovery is sufficiently complete to permit a proper assessment of the Motion and Response.
Page 9 | LR33-TR56-1 MOTIONS - SUMMARY JUDGMENT
A party may request a different hearing format within ten days after receiving the hearing notice.
Within ten (10) days after receipt of the notice of hearing, any party may request that the Court conduct the hearing in a manner different from that established in the notice.
Page 10 | LR33-TR73-1 TELEPHONE CONFERENCING
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Page 24 | LR33-FL00-1 FAMILY COURT RULES (F)
Service and Proof of Service Rules
After a Special Judge qualifies, parties must mail or deliver copies of subsequently filed papers to that judge and include a certificate of forwarding with the originals.
Once a Special Judge has qualified, parties shall mail or deliver to the Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
Page 3 | LR33-TR10-1 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Objections or additions to the discovery-conference motion must be served within ten days after the motion is served.
Objections or additions to matters set forth in the motion shall be served no later than ten (10) days after service of the motion.
Page 5 | LR33-TR26-3 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS
Notice of a discovery-conference motion must be served on all parties.
Notice of the motion shall be served on all parties.
Page 5 | LR33-TR26-3 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS
A property bond may be granted only after notice is sent to the prosecutor and defense counsel and a hearing is held.
PROPERTY BONDS: All property bonds shall be granted only after notice is sent to the prosecuting attorney and counsel for the defense and a hearing is conducted to determine whether such bonds are proper.
Page 14 | PROPERTY BONDS
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Page 24 | LR33-FL00-1 FAMILY COURT RULES (F)
After 60 days following judgment, the Court Reporter may dispose of trial materials if all counsel of record receive 10 days' notice.
The Court Reporter may dispose of trial materials at any time after 60 days following judgment, provided 10 days' notice is given to all counsel of record.
Page 26 | LR33-AR00-3 DISPOSITION OF TRIAL MATERIALS
(2) More than 60 days following Judgment: Exhibits and trial materials will be released to counsel or parties pursuant to a receipt executed by counsel and upon proof that 10 days' prior notice has been given to opposing counsel.
(2) More than 60 days following Judgment: Exhibits and trial materials will be released to counsel or parties pursuant to a receipt executed by counsel and upon proof that 10 days' prior notice has been given to opposing counsel.
Page 26 | LR33-AR00-3 DISPOSITION OF TRIAL MATERIALS
The Clerk may use the specified electronic return receipt for certified mail, and the Courts designate it as satisfying the Trial Rules’ service requirements.
The Henry County Clerk shall be authorized to utilize a process for return of certified mail through an electronic version in accordance with USPS Postal Bulletin 22137 as an electronic return receipt. The Courts hereby designate this means of service as meeting the requirements of the Trial Rules governing service.
Page 1 | LR33-TR4.15 ELECTRONIC RETURN RECEIPT
Filing Fees and Waivers
Drug Court participants must pay a $100 administrative fee and a $50 monthly services fee beginning in the second month; the court or clerk must collect and transmit the fees within 30 days after collection.
Those persons directed to participate in Drug Court shall pay a $100 administrative fee as well as a problem-solving court services fee of $50 commencing the second month and each month thereafter for participation in Drug Court in accordance with IC 33-23-16-23. The problem- solving court or the clerk of the court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under IC 33-37-8.
Page 31 | HENRY COUNTY DRUG COURT
The Alcohol and Drug Program basic education fee is $200.
Basic Education $200.00
Page 29 | LR33-AR00-5 HENRY COUNTY COURT SERVICES Drug and Alcohol Program Fees
A court reporter may charge no more than $4 per page for private practice work, payable to the Henry County Treasurer.
The maximum per page fee a court reporter may charge for private practice work shall be Four Dollars ($4.00) which shall be payable to the Henry County Treasurer.
Page 29 | SECTION FOUR. FEES
The Alcohol and Drug Program assessment and case management fee is $350.
Assessment and Case Management $350.00
Page 29 | LR33-AR00-5 HENRY COUNTY COURT SERVICES Drug and Alcohol Program Fees
The Alcohol and Drug Program case transfer fee is $50.
Case Transfer $50.00
Page 29 | LR33-AR00-5 HENRY COUNTY COURT SERVICES Drug and Alcohol Program Fees
The Alcohol and Drug Program no-show or rescheduling fee is $20.
No Show/Reschedule Fee $20.00
Page 29 | LR33-AR00-5 HENRY COUNTY COURT SERVICES Drug and Alcohol Program Fees
A court reporter may charge no more than $4 per page to prepare a private transcript, payable to the Henry County Treasurer.
The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be Four Dollars ($4.00) which shall be payable to the Henry County Treasurer.
Page 29 | SECTION FOUR. FEES
The Alcohol and Drug Program advanced education fee is $200.
Advanced Education $200.00
Page 29 | LR33-AR00-5 HENRY COUNTY COURT SERVICES Drug and Alcohol Program Fees
Veterans Treatment Court participants directed to participate must pay a $100 administrative fee.
Those persons directed to participate in the Henry County Veterans Treatment Court shall pay a $100 administrative fee as well as a problem-solving court services fee of $50 commencing the second month and each month thereafter for participation in the Henry County Veterans Treatment Court in accordance with IC 33-23-16-23.
Page 30 | LR33-AR00-6 HENRY COUNTY VETERANS TREATMENT COURT
Courtesy Copy Requirements
All documents submitted to the Court shall be accompanied by sufficient copies to provide retention of the original by the Clerk (plus one additional copy of orders for retention in the RJO) and copies for all parties or attorneys of record with stamped envelopes.
All documents submitted to the Court shall be accompanied by sufficient copies to provide retention of the original by the Clerk (plus one additional copy of orders for retention in the RJO) and copies for all parties or attorneys of record with stamped envelopes.
Page 3 | LR33-TR10-1 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
An order submitted to the Court must include one additional copy for retention in the RJO.
plus one additional copy of orders for retention in the RJO
Page 3 | LR33-TR10-1 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Adequate copies must be provided when service by law enforcement is requested, including for protective orders.
Adequate copies must be furnished where a request is made for service by law enforcement authorities, i.e., protective orders.
Page 3 | LR33-TR10-1 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Pre-Motion Conference Requirements
Before filing a continuance motion, counsel must consult opposing counsel about the request and reasons, state that consultation was sought and opposing counsel’s position, and provide specific follow-up attempts if contact was unsuccessful.
Prior to filing a Motion for Continuance, the movant’s counsel shall contact all opposing counsel of record and apprize them of the fact that a continuance will be sought and the reasons for the same. A Motion for Continuance shall recite that a consultation was sought and the position of opposing counsel to the sought continuance. Mere statements that attempts to reach opposing counsel have been unsuccessful without showing specific follow-up attempts may result in a summary denial of the motion.
Page 8 | LR33-TR53.5-1 CONTINUANCES
Adjournment & Extension Requirements
An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.
An initial written motion for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be automatically granted, allowing an additional thirty (30) days from the original due date.
Page 2 | LR33-TR6-1 MOTIONS - FOR ENLARGEMENT OF TIME
Requests to extend time for filing briefs or similar action must be timely filed and accompanied by a tendered order with sufficient copies under Rule 3.
All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
Page 3 | LR33-TR12-1 MOTIONS - RULE 12
A continuance motion should be filed as soon as the cause is discovered and no later than five business days before trial, unless an affidavit shows the reason arose during that five-day period.
Motions for Continuance shall be filed as soon after the cause for continuance is discovered by the party seeking same, and no later than five (5) business days before the date assigned for trial, unless the reasons therefor are shown by affidavit to have occurred within said five (5) day period.
Page 8 | LR33-TR53.5-1 CONTINUANCES
A contested faxed continuance motion filed less than five days before a hearing must state an emergency basis or may be summarily denied.
Faxed motions for Continuance filed less than five days prior to a hearing and which are contested by the opposing party must state an emergency basis for continuance or are subject to summary denial.
Page 8 | LR33-TR53.5-1 CONTINUANCES
A motion for continuance must state the existing hearing’s date and time and specific reasons; general assertions without further detail may result in summary denial.
The motion shall set forth the date and time of the existing hearing and the specific reasons for the requested continuance. A motion which contains only general assertions, e.g., “Unavailability” or “other commitments”, with no additional specificity may be subject to summary denial.
Page 8 | LR33-TR53.5-1 CONTINUANCES
Extensions of time to file briefs may be granted only by court order.
Extensions of time for filing briefs shall be granted only by order of the Court.
Page 9 | LR33-TR56-1 MOTIONS - SUMMARY JUDGMENT
Continuances are discouraged, are not granted as a matter of right, and one party’s continuance does not entitle opposing parties to one.
Motions for continuance are discouraged. Parties are not entitled to continuances as a matter of right, and the granting of a continuance for one party does not entitle opposing parties to a continuance as a matter of right.
Page 8 | LR33-TR53.5-1 CONTINUANCES
For failure to attend the required class, the Court may, in its discretion, continue the Final Hearing or withhold entry of the Final Decree.
The Court may, in its discretion, continue the Final Hearing or withhold entering the Final Decree for failure to attend the required class.
Page 24 | LR33-FL00-1 FAMILY COURT RULES (A)
If a party wants the matter recorded, has additional witnesses, or expects it to exceed 15 minutes, a continuance should be requested and the matter set for another day.
If a party desires to have the matter recorded, has additional witnesses or believes the matter will take longer than 15 minutes then a continuance should be requested and the matter set on another day.
Page 24 | LR33-FL00-1 FAMILY COURT RULES (E)
The Court may, in its discretion, allow opposing counsel to respond to a subsequent motion for enlargement of time.
The Court, upon its own discretion, may allow opposing counsel an opportunity to respond to subsequent motions for enlargement of time.
Page 2 | LR33-TR6-1 MOTIONS - FOR ENLARGEMENT OF TIME
Chambers Communication Rules
For a motion hearing set by telephone conference, the party requesting telephone appearance or the moving party must arrange and place the call at the time designated by the Court.
In the event, the Court sets hearing upon a motion by means of a telephone conference, it shall be the obligation of the party requesting their appearance by telephone, or moving party to arrange and place the call at the time designated by the Court.
Page 10 | LR33-TR73-1 TELEPHONE CONFERENCING
Outside regular court business hours, the prosecutor or Sheriff may contact a Judge to request release on bond or oral authorization for a no-contact order.
If a no-contact order is needed at times other than regular court business hours, the Prosecuting Attorney or the Sheriff may contact a Judge and request release of the arrested person on bond or an oral authorization for a no-contact order, which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.
Page 14 | NO CONTACT PROVISIONS