Henry County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Proposed finding

Each proposed finding must specifically cite the material supporting it.

Each finding shall be accompanied by specific reference to the material that supports said finding.

CRITICAL

Applies to

Partial summary judgment motion

A motion for partial summary judgment must include proposed findings of fact and conclusions of law.

Any Motion for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Every continuance motion must include a tendered order identifying the existing hearing’s date and time and leaving appropriate blanks for the Court to complete the continued hearing details.

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.

CRITICAL

Applies to

Motion for enlargement of time

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.

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.

CRITICAL

Applies to

Decree

When the Court directs a decree after a hearing, Petitioner's counsel must prepare it and submit it to Respondent's counsel, and both must sign it “Approved as to Form.”

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.”

CRITICAL

Applies to

Response to motion to compel

A response to a motion to compel must state the discovery request, the response or objection, and the supporting legal grounds.

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.

CRITICAL

Applies to

Interrogatory answer or objection

Answers and objections to T.R. 31 or 33 interrogatories must reproduce each interrogatory in full immediately before the corresponding answer or objection and identify its number.

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.

CRITICAL

Applies to

Motion to shorten discovery response time

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.

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.

CRITICAL

Applies to

Petition for expenses or attorney fees

A party seeking expenses or attorney’s fees with a motion to compel must request them in a separate written petition.

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.

CRITICAL

Applies to

Agreed motion for continuance

When all counsel agree to a continuance, they must submit an “Agreed Motion for Continuance” signed by all counsel or reciting in the motion’s text and title that all counsel agree.

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.

CRITICAL

Applies to

Attendance certificate

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.

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.

CRITICAL

Applies to

Request for hearing

A hearing request must be filed as a written “REQUEST FOR HEARING” on a separate page not incorporated into a pleading or motion.

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.

CRITICAL

Applies to

Motion for continuance

A motion for continuance must be written and verified unless made in open Court or the Court directs otherwise.

A Motion for Continuance, unless made in open Court, shall be in writing and verified unless the Court directs otherwise.

CRITICAL

Applies to

Pretrial conference request

A party may request a Pre-Trial Conference in a case triable by the Court, but the request must specifically state the reasons.

A party may request a Pre-Trial Conference in a case triable by the Court, but shall specifically state reasons in said request.

CRITICAL

Applies to

Decree

Attach a child support worksheet and Income Withholding Order to all decrees.

A child support worksheet and Income Withholding Order must be attached to all decrees.

CRITICAL

Applies to

Pleading motion or other document

Each filed pleading, motion, or other document must identify the filer’s specified contact details and designate the party represented by an attorney.

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.

CRITICAL

Applies to

Summary judgment motion

A motion for summary judgment must be accompanied by a brief.

Motions for Summary Judgment shall be accompanied by a brief.

CRITICAL

Applies to

Petition to withdraw appearance

When filing a withdrawal petition, counsel must tender a proposed order granting the petition and sufficient addressed envelopes for non-local attorneys and unrepresented parties.

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.

CRITICAL

Applies to

No contact order

An oral authorization for a no-contact order must be reduced to a written order and submitted to the Judge.

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.

CRITICAL

Applies to

Summary judgment filing

By the time the motion and supporting brief or an opposing brief is filed, counsel must ensure all supporting or opposing materials, including affidavits, are part of the record.

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.

CRITICAL

Applies to

Summary judgment brief

A brief referring to a pleading must identify the pleading’s filing date.

When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.

CRITICAL

Applies to

Notice of hearing

For a motion requiring hearing notice, provide a Notice of Hearing form and leave its hearing time and date blank for the Court to set unless previously arranged with Court staff.

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.

CRITICAL

Applies to

Dvd evidence

A party offering a DVD into evidence must file a transcript of the testimony on it with the Court.

When DVDs are offered into evidence, the offering party shall file with the Court a transcript of the testimony contained therein.

CRITICAL

Applies to

Decree

Tender two original copies of the decree and sufficient additional copies for all counsel and any unrepresented parties.

Two original copies of the decree must be tendered along with sufficient copies for all counsel and parties if unrepresented.

CRITICAL

Applies to

Rule 12 motion

A brief must accompany every motion filed under T.R. 12, including motions to dismiss and motions to strike.

All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief.

CRITICAL

Applies to

Motion for enlargement of time

An enlargement motion must state the response’s due date and requested extension date; if filed after the original due date, it must explain specifically why it is late.

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.

CRITICAL

Applies to

Petition to withdraw appearance

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.

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.

CRITICAL

Applies to

Decree

If the parties have children and a child support order, they must file a child support worksheet to accompany the decree and Income Withholding Order.

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.

CRITICAL

Applies to

Discovery request or response

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.

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.

CRITICAL

Applies to

Extension request

An extension request must include a tendered order and sufficient copies as prescribed in 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.

CRITICAL

Applies to

Conference of attorneys statement

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.

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.

CRITICAL

Applies to

Motion to compel

Must include

proposed order

A motion to compel discovery must include a tendered order with blank date lines for the Court to set a compliance deadline.

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.

CRITICAL

Applies to

Pleading and order

Pleadings and orders must identify each topic in their titles and use subtitles in the body for added specificity.

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.

CRITICAL

Applies to

Withdrawal notice

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.

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).

CRITICAL

Applies to

Proposed findings and conclusions

When findings and conclusions are requested under Trial Rule 52, counsel must submit proposed findings and conclusions in writing and in an electronic format requested by the Court.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Pleading

Pleadings must contain the attorney’s written and printed signatures, attorney number, applicable firm name, complete address and telephone number, and party designation.

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.

CRITICAL

Applies to

Partial summary judgment response

A response to a motion for partial summary judgment must include proposed findings of fact reflecting the genuine issues the party contends exist.

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.

CRITICAL

Applies to

Contested final hearing submission

For contested final hearings, counsel are directed to submit lists of assets and debts, a proposed distribution identifying disputed items, and supporting documents or exhibits.

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.

CRITICAL

Applies to

Pleadings motions briefs or other papers

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.

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.

CRITICAL

Applies to

Discovery request or response

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.

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.

CRITICAL

Applies to

Motion to compel

A motion to compel must state the precise discovery question or request and the responsive answer or objection.

Motions to Compel. All motions to compel discovery shall contain the precise question or request propounded and the responsive answer or objection.

CRITICAL

Applies to

Discovery conference motion

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.

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.

CRITICAL

Applies to

Subsequent motion for enlargement of time

A second or later motion to enlarge time to respond to a claim must include a written statement of specific reasons for the requested extension.

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.

CRITICAL

Applies to

Summary judgment motion

Moving counsel must provide a T.R. 56 form notice when opposing counsel is unrepresented.

When opposing counsel is unrepresented, the moving counsel shall provide a form notice under T.R. 56.

CRITICAL

Applies to

Summary judgment brief

Summary judgment briefs must specifically identify the materials relied upon to support or oppose the motion.

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.

CRITICAL

Applies to

Subsequent motion for enlargement of time

A subsequent enlargement motion must clearly identify in its heading whether it is the second, third, or later motion.

Further, the motion shall clearly indicate in the heading that is a second, third etc., motion for enlargement of time.

CRITICAL

Applies to

Appearance

File a properly completed and signed appearance on the prescribed form to represent a party at a hearing or receive court notices.

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.

CRITICAL

Applies to

Decree

The written decree must state that the non-custodial parent is responsible for the annual child support docket fee and provide for payment of uninsured medical expenses under the child support rules.

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.

CRITICAL

Applies to

Summary judgment brief

A brief referring to interrogatories or a deposition must include the pertinent questions and answers.

When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.