Howard County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Motions to continue will normally be granted only when the request indicates the adverse party’s position on the continuance.
- An initial written motion for enlargement of time pursuant to Trial Rule 6(B)(1) to respond to a claim shall be automatically allowed for an additional 30 days from the date of filing by a written order of the Court except in matters denominated in the pleadings as emergency in nature. Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged.
- A continuance motion must be for cause, written, and verified, except when made during the hearing of the cause.
- +3 more
Request must include
Document Format Requirements9 rules
All requests for instructions tendered in accordance with Trial Rule 51 shall be in writing with citations on the Court’s copy, to applicable authority.
- Jury instruction request
Formatting
- •Requests for instructions must be in writing
- •Citations to applicable authority must appear on the Court’s copy
The court approved bond form must be used.
Formatting
- •Use the court-approved bond form
The lines shall be double spaced except for quotations, which shall be indented and single spaced.
- Line spacing
- Double
Pleading, motions, and other paper shall be on white paper. All pleadings, copies, motions, and documents filed with the court, with the exception of exhibits and existing wills, shall be prepared on 8.5" x 11" paper.
- Paper size
- Letter
- Pleading
- Motion
- Other paper
- Copy
- Document
Formatting
- •Pleadings, motions, and other papers must be on white paper
The exhibits of defendants, respondents, or any other party who responds to an action initiated by another shall be marked alphabetically as A, B, C etc.
Copies of all documentary exhibits shall be provided as follows: one for the Court: one for each party and one for each Juror.
Where alphabetically marked exhibits exceed the letters in the alphabet, exhibits shall then be marked as AA, BB, CC, etc.
The exhibits of plaintiffs, petitioners, or any other party who initiates an action shall be marked numerically as 1, 2, 3 etc.
Digital recording and distribution of an electronic audio or video file is an acceptable deposition method, but a party may object by motion and request a hearing to show why a reporter should be required.
Court's wording
In order to avoid the costs, associate with reporter transcribed depositions, digital recording and distribution of an electronic audio or video file shall be an acceptable method for the taking of depositions, however a party may object to the same by motion and request a hearing to present evidence as to why a reporter should be required.
Document Filing Requirements26 rules
An appearance must be in writing, filed with the Clerk or Court, and comply with the Indiana Supreme Court Rules.
Court's wording
An appearance by counsel, or by a party appearing without an attorney shall be made in writing and filed with either the Clerk or the Court. It shall be in compliance with the Indiana Supreme Court Rules.
WITHDRAWAL: All withdrawals of appearance shall be in writing and by leave of Court.
A copy of the withdrawal notice must be filed with the court, subject to the stated exceptions.
Court's wording
Permission to withdraw shall be given only after the withdrawing attorney has given his client ten (10) days written notice of his intention to withdraw and has filed a copy of the notice with the court, except in the following cases: (1) when another attorney has already filed an appearance for the same party; or (2) when the withdrawing attorney files a pleading indicating that he or she has been terminated from the case by the client; or (3) when the appearance of an attorney is deemed withdrawn upon conclusion of an action or matter.
Written pleadings presented for filing must include a proposed Chronological Case Summary entry with specified case and entry details, signed by counsel.
Court's wording
B. CHRONOLOGICAL CASE SUMMARY ENTRIES. Written pleadings presented for filing shall be accompanied by a proposed entry for the Chronological Case Summary. It shall contain the title and number of the case, the date, and exact entry to appear on the Chronological Case Summary. The proposed entry shall be signed by counsel.
The original papers must include a certificate that the copies were forwarded to the Special Judge.
Court's wording
C. COPIES TO SPECIAL JUDGES. When a Special Judge is selected, copies of all pleadings, motions, or briefs filed shall be mailed or delivered to the office of the Special Judge with certificate of forwarding same made a part of the original papers.
For the listed matters, the moving party or applicant must furnish a proposed order before the court enters an order granting the motion or application or setting a hearing date, unless the court directs otherwise.
- Document
- Proposed order for enumerated matter
Must include
- •Proposed order
Court's wording
Prior to entry by the court of Orders granting motions, applications or setting hearing dates, the moving party or applicant shall, unless the court directs otherwise, furnish the court with proposed Orders in the following matters: 1. Enlargement of Time 2. Continuance 3. Default Judgment 4. Compel Discovery 5. Dismissal 6. Appointment of Receiver 7. Appointment of Guardian 8. Restraining Order, Temporary or Permanent Injunction 9. Immediate Possession of Real Estate 10. Immediate Possession of Personal Property 11. Findings of Fact and Conclusions of Law 12. Foreclosure of a Mortgage or other Lien 13. Setting Hearing Dates 14. Such other Order, Judgments or Decrees as the Court may direct.
All proposed Orders left with the Clerk or Court shall be submitted in sufficient numbers so that distribution may be made to all affected parties.
The plaintiff in a civil matter shall prepare and exchange with opposing counsel a proposed preliminary instruction on the issues, which shall be included in the Pre-Trial Order.
Reasonably anticipated final instructions shall be exchanged and filed with the Court as directed.
Proposed preliminary instructions shall be exchanged and filed.
Following the pre-trial conference, a pre-trial order shall be prepared, signed, and filed as directed by the Court at the pre-trial conference.
Objections must be verified and specifically state why the cause is not ready for pre-trial conference and trial.
Court's wording
If any party should oppose any matter contained in the Certificate of Readiness, he shall, within 10 days following receipt of a copy of the Certificate of Readiness, file with the Court, with service to all counsel of record, his verified objections citing in particular why the cause is not ready for pre-trial conference and trial.
When no pre-trial conference is required, a party may request a conference or trial setting by filing a Certificate of Readiness certifying the stated case, discovery, and readiness matters.
Court's wording
Any party may request that a pre-trial conference be held or that the cause be set for trial if no pre-trial conference is required by filing a Certificate of Readiness, certifying to the Court that the cause is at issue; that discovery is completed or that discovery will be completed by the time of the pre-trial conference; that the cause is ready to be assigned for pre-trial conference or that a pretrial conference should be waived and the matter assigned for trial.
A copy of the worksheet provided in the Indiana Child Support Guidelines shall be submitted to the Court in each case in which the Court is asked to determine support, including cases in which agreed orders are submitted. A worksheet shall be signed by a party under penalties of perjury.
Court reporters must report all specified transcript fees to the Indiana Supreme Court Office of Judicial Administration at least annually using prescribed forms.
Court's wording
(6) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme Court Office of Judicial Administration. The reporting shall be made on forms prescribed by the division of State Court Administration.
Notice of withdrawal is required pursuant to LR34-TR3.1-5.
When the judge has authorized release on bond before probable cause determination, the Sheriff shall give notice to the defendant of a court appearance date on the Report of Bonding form with a copy delivered to the court and prosecutor.
- Document
- Report of bonding form
Must include
- •Court appearance date
Violations of any conditions of pre-trial release in this program shall be addressed by the filing of a written motion of the violation, prepared by any agency supervising the Defendant’s Pre-trial release, in the court where the Defendant’s case is pending.
In Small Claims cases, attorneys of record are responsible for providing a proposed Order on all matters submitted where an Order is appropriate. The proposed Order may be at the bottom of the document submitted.
Include
- •Proposed order
A transcript of the videographic testimony shall be tendered to the Court when the deposition is offered into evidence.
A copy of the notice shall be tendered to the reporter at the time of taking the deposition for inclusion with the deposition.
The title of each pleading must identify every topic included in it.
Court's wording
Titles on all pleadings shall delineate each topic included in the pleading, e.g. where a pleading contains and Answer, a Motion to Strike or Dismiss, or a Jury Request, each shall be set forth in the title.
Exhibits shall be presented to the reporter for marking prior to the beginning of the trial or during recess, to ensure that the trial is not delayed for the marking of exhibits.
After being marked for identification and offered in evidence, all exhibits and proposed exhibits shall be placed in the custody of the reporter, who is responsible for their safekeeping unless otherwise ordered by the trial judge.
(10) A reasonable charge for the office supplies required and utilized for the binding and electronic transmission of the transcript, pursuant to Indiana Rules of Appellate Procedure 28 and 29, is permissible; the costs for these supplies should be determined pursuant to a Schedule of Transcript Supplies which should be established and published annually by the judge or judges of the county.
A schedule of assets and liabilities, with copies of inventories and appraisals, may be submitted before a contested trial.
Court's wording
A schedule of assets and liabilities, together with copies of any and all inventories and appraisals, may be submitted to the Court prior to the beginning of a contested trial and copies served upon opposing counsel.
Filing & Service rules
Filing Timing and Cure Windows
A withdrawal request must be filed at least ten days before trial, unless there is good cause or the withdrawal is accompanied by another counsel’s appearance.
The court will not grant a request to withdraw an appearance unless the same has been filed with the court at least ten (10) days prior to trial date, except for good cause. A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of this requirement.
Page 9 | APPEARANCE AND WITHDRAWAL
A motion for enlargement of time under this rule must be filed on or before the original due date.
The motion must be filed on or before the original due date, or this rule is inapplicable.
Page 14 | MOTIONS
A party opposing a Certificate of Readiness must file objections within 10 days after receiving it.
If any party should oppose any matter contained in the Certificate of Readiness, he shall, within 10 days following receipt of a copy of the Certificate of Readiness, file with the Court, with service to all counsel of record, his verified objections citing in particular why the cause is not ready for pre-trial conference and trial.
Page 18 | PRE-TRIAL CONFERENCE — B. CERTIFICATE OF READINESS
Transcript fee reports must be made at least annually.
(6) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme Court Office of Judicial Administration. The reporting shall be made on forms prescribed by the division of State Court Administration.
Page 29 | Section Two. Salaries and Per Page Fees.
The prosecutor must file appropriate charges with the court within 48 hours after probable-cause determination.
After determination of probable cause, the prosecutor shall file appropriate charges with the court within forty-eight (48) hours.
Page 33 | WARRANTLESS ARRESTS
An objection must be filed by 30 days after the Omnibus Date or it is waived, unless the court permits a later filing for good cause and in the interest of justice before trial begins.
Any such objection shall be deemed waived unless filed on or before thirty (30) days after Omnibus Date; however, upon a showing of good cause and in the interest of justice, the court may permit the filing of the objection any time before the commencement of trial.
Page 36 | TIME FOR OBJECTION
After a transfer is consummated, the time to seek a change of venue from the Judge is extended for ten days from service of notice, or until the period expires under T.R. 76 or other applicable law.
If such transfer is consummated, the time for taking a change of venue from the Judge shall be extended for a period of ten (10) days from the service of notice of such transfer or until such period expires pursuant to T.R. 76 or other applicable law.
Page 7 | TRANSFER OF ACTION
Service and Proof of Service Rules
Before withdrawing, an attorney generally must give the client ten days’ written notice and file a copy with the court, subject to the stated exceptions.
Permission to withdraw shall be given only after the withdrawing attorney has given his client ten (10) days written notice of his intention to withdraw and has filed a copy of the notice with the court, except in the following cases: (1) when another attorney has already filed an appearance for the same party; or (2) when the withdrawing attorney files a pleading indicating that he or she has been terminated from the case by the client; or (3) when the appearance of an attorney is deemed withdrawn upon conclusion of an action or matter.
Page 9 | APPEARANCE AND WITHDRAWAL
A copy of an appearance must be served on other counsel or parties.
A copy must be served on other counsel or parties.
Page 9 | APPEARANCE AND WITHDRAWAL
When a Special Judge is selected, copies of all filed pleadings, motions, or briefs must be mailed or delivered to the Special Judge’s office.
C. COPIES TO SPECIAL JUDGES. When a Special Judge is selected, copies of all pleadings, motions, or briefs filed shall be mailed or delivered to the office of the Special Judge with certificate of forwarding same made a part of the original papers.
Page 11 | FILINGS
A copy of a supporting brief or memorandum must be served on the adverse party.
If a party desires to file a brief and memorandum in support of any motion, such brief or memorandum shall accompany or be filed simultaneously with the motion, and a copy served on the adverse party.
Page 14 | MOTIONS
In a civil matter, the plaintiff must exchange the proposed preliminary instruction with opposing counsel.
The plaintiff in a civil matter shall prepare and exchange with opposing counsel a proposed preliminary instruction on the issues, which shall be included in the Pre-Trial Order.
Page 17 | JURY INSTRUCTIONS
Proposed preliminary instructions must be exchanged.
Proposed preliminary instructions shall be exchanged and filed.
Page 17 | JURY INSTRUCTIONS
Reasonably anticipated final instructions must be exchanged.
Reasonably anticipated final instructions shall be exchanged and filed with the Court as directed.
Page 17 | JURY INSTRUCTIONS
Objections to a Certificate of Readiness must be served on all counsel of record.
If any party should oppose any matter contained in the Certificate of Readiness, he shall, within 10 days following receipt of a copy of the Certificate of Readiness, file with the Court, with service to all counsel of record, his verified objections citing in particular why the cause is not ready for pre-trial conference and trial.
Page 18 | PRE-TRIAL CONFERENCE — B. CERTIFICATE OF READINESS
When a transcript is sought for the appellate record, counsel must personally and contemporaneously deliver the Notice of Appeal to the Court Reporter, advise the reporter of the preparation deadline, and arrange payment for the records.
When an appeal is initiated by the filing of a Notice of Appeal pursuant to Appellate Rule 9, and a transcript of all or any part of the evidence is sought for the record on appeal, counsel filing the Notice of Appeal shall deliver, contemporaneously and personally, a copy of the Notice of Appeal to the Court Reporter, advise the Court Reporter of the deadline for preparation of the records, and then make arrangements to pay the Court Reporter for preparation of the records.
Page 25 | APPELLATE RECORD
If release on bond is authorized before probable-cause determination, a copy of the notice must be delivered to the court and prosecutor.
When the judge has authorized release on bond before probable cause determination, the Sheriff shall give notice to the defendant of a court appearance date on the Report of Bonding form with a copy delivered to the court and prosecutor.
Page 33 | WARRANTLESS ARRESTS
A schedule of assets and liabilities, together with copies of any and all inventories and appraisals, may be submitted to the Court prior to the beginning of a contested trial and copies served upon opposing counsel.
A schedule of assets and liabilities, together with copies of any and all inventories and appraisals, may be submitted to the Court prior to the beginning of a contested trial and copies served upon opposing counsel.
Page 20 | DOMESTIC RELATIONS
Filing Fees and Waivers
Persons requesting transcripts shall make a deposit with the Court Reporter sufficient to cover the cost of the transcript at the time of the request unless other arrangements are made with the Court Reporter who is preparing the transcript.
Persons requesting transcripts shall make a deposit with the Court Reporter sufficient to cover the cost of the transcript at the time of the request unless other arrangements are made with the Court Reporter who is preparing the transcript.
Page 26 | TRANSCRIPTS
Participation fees are $50 per month, capped at $500, and cover program fees.
For Participation: fees in the amount of fifty dollars ($50.00) per month, not to exceed five hundred dollars ($500.00) which shall cover program fees, including but not limited to:
Page 44 | PROBLEM-SOLVING COURT FEES
Problem-Solving Court participants must pay supervision fees under the current applicable program fee schedule.
For Supervision: in accordance with the current Probation, In-Home Detention, Community Transition Program or Work Release Program supervision fee schedule.
Page 44 | PROBLEM-SOLVING COURT FEES
Fees for services from affiliated treatment providers are governed by each provider’s fee schedule.
For Services provided by affiliated treatment providers, in accordance with their respective fee schedules.
Page 44 | PROBLEM-SOLVING COURT FEES
The fee for transferring to another county without an evaluation is $50.
Transfer fee (to another county, no evaluation) $50.00
Page 45 | ALCOHOL AND DRUG SERVICES FEES
An evaluation-only service costs $100.
Evaluation only $100.00
Page 45 | ALCOHOL AND DRUG SERVICES FEES
Persons directed to participate in the whole Alcohol and Drug Services program must pay a $400 fee.
Whole program $400.00
Page 45 | ALCOHOL AND DRUG SERVICES FEES
A transfer in without an evaluation, with Level I education, costs $100.
Transfer in (no evaluation, Level I education) $100.00
Page 45 | ALCOHOL AND DRUG SERVICES FEES
A court reporter may charge no more than $5.00 per page for a private transcript.
(4) The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $5.00.
Page 29 | Section Two. Salaries and Per Page Fees.
A court reporter may charge an additional $20.00 for preparing and electronically submitting each transcript volume.
(9) An additional labor charge of $20.00 may be charged for the time spent on preparation of each volume and its electronic submission.
Page 29 | Section Two. Salaries and Per Page Fees.
A court reporter may charge no more than $5.00 per page for a county indigent transcript and must submit the claim directly to the county.
(2) The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $5.00; the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcript.
Page 29 | Section Two. Salaries and Per Page Fees.
A reasonable charge for transcript-binding and electronic-transmission supplies is permitted, with costs determined by a transcript-supplies schedule established and published annually by the county judge or judges.
(10) A reasonable charge for the office supplies required and utilized for the binding and electronic transmission of the transcript, pursuant to Indiana Rules of Appellate Procedure 28 and 29, is permissible; the costs for these supplies should be determined pursuant to a Schedule of Transcript Supplies which should be established and published annually by the judge or judges of the county.
Page 29 | Section Two. Salaries and Per Page Fees.
A court reporter may charge a minimum fee of up to $35.00 per transcript.
(7) A minimum fee up to $35.00 may be charged by the court reporter per transcript.
Page 29 | Section Two. Salaries and Per Page Fees.
A court reporter may charge no more than $5.00 per page for a state indigent transcript.
(3) The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $5.00.
Page 29 | Section Two. Salaries and Per Page Fees.
(8) Index and Table of Contents pages should be charged by the court reporter at the per page rate being charged for the balance of the transcript.
(8) Index and Table of Contents pages should be charged by the court reporter at the per page rate being charged for the balance of the transcript.
Page 29 | Section Two. Salaries and Per Page Fees.
The Problem-Solving Court may, in its sole discretion, waive any or all fees as an incentive award for an individual participant.
Any or all of said fees may be waived, by the Problem-Solving Court in its sole discretion, as an “incentive award” for an individual participant.
Page 44 | PROBLEM-SOLVING COURT FEES
Sealing & Redaction Procedures
The Risk Report is discoverable to the parties but must not be accessible to the public.
Said report shall be discoverable to the parties but shall not be accessible to the public.
Page 39 | PRE-TRIAL RELEASE
Screening tools must not be disclosed to the parties without a court order, must be maintained by Howard County Community Corrections, and may be destroyed one year after the defendant’s release from the program.
The screening tools administered to the Eligible Defendants outlined herein shall not be disclosed to the parties without a court order, shall be maintained by Howard County Community Corrections, and may be destroyed one (1) year after the Defendant’s release from the Pre-Trial Program.
Page 39 | PRE-TRIAL RELEASE
Filing Bundling Requirements
A supporting brief or memorandum must accompany or be filed simultaneously with the motion, and a copy must be served on the adverse party.
If a party desires to file a brief and memorandum in support of any motion, such brief or memorandum shall accompany or be filed simultaneously with the motion, and a copy served on the adverse party.
Page 14 | MOTIONS
Pre-Motion Conference Requirements
An adverse party that wishes to file a brief or memorandum must file it according to the Court's order.
If the adverse party desires to file a brief or memorandum, the adverse party shall file it as ordered by the Court.
Page 14 | MOTIONS
Adjournment & Extension Requirements
An initial written motion for enlargement of time pursuant to Trial Rule 6(B)(1) to respond to a claim shall be automatically allowed for an additional 30 days from the date of filing by a written order of the Court except in matters denominated in the pleadings as emergency in nature. Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged.
An initial written motion for enlargement of time pursuant to Trial Rule 6(B)(1) to respond to a claim shall be automatically allowed for an additional 30 days from the date of filing by a written order of the Court except in matters denominated in the pleadings as emergency in nature. Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged.
Page 14 | MOTIONS
A continuance motion must state whether opposing counsel or the pro se party was contacted and whether they object, or that diligent efforts to contact them were unsuccessful.
The motion shall contain a statement concerning notification to opposing counsel or to pro se party: 1. That other counsel/party has been contacted and has no objection. 2. That other counsel/party has been contacted and does object. 3. That other counsel/party has not been contacted after diligent effort.
Page 15 | CONTINUANCES
A continuance motion must be for cause, written, and verified, except when made during the hearing of the cause.
A motion for a continuance, unless made during the hearing of the cause, shall be for cause, in writing and verified.
Page 15 | CONTINUANCES
The moving party must file a continuance motion as soon as possible after discovering the cause for continuance.
A motion for continuance shall be filed as soon after the cause for continuance is discovered by the moving party.
Page 15 | CONTINUANCES
An attorney’s signature on a continuance request certifies that the client has been notified of the request.
The attorney’s signature on a request for a continuance is considered a certification that the client has been notified of the request.
Page 15 | CONTINUANCES
Motions to continue will normally be granted only when the request indicates the adverse party’s position on the continuance.
Motions to Continue will normally be granted only if the request indicates the position of the adverse party in regard to the continuance.
Page 42 | CONTINUANCES IN SMALL CLAIMS CASES