Howard County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Appearance

An appearance must be in writing, filed with the Clerk or Court, and comply with the Indiana Supreme Court Rules.

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.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing and requires leave of Court.

WITHDRAWAL: All withdrawals of appearance shall be in writing and by leave of Court.

CRITICAL

Applies to

Withdrawal of appearance

A copy of the withdrawal notice must be filed 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that he or she has been terminated from the case by the client; or (3) when the appearance of an attorney is deemed withdrawn upon conclusion of an action or matter.

CRITICAL

Applies to

Written motion

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.

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.

CRITICAL

Applies to

Notice of withdrawal

A notice of withdrawal is required under LR34-TR3.1-5.

Notice of withdrawal is required pursuant to LR34-TR3.1-5.

CRITICAL

Applies to

Proposed preliminary instruction

In a civil matter, the plaintiff must prepare and exchange with opposing counsel a proposed preliminary instruction on the issues and include it in the Pre-Trial Order.

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.

CRITICAL

Applies to

Report of bonding form

If release on bond is authorized before probable-cause determination, the Sheriff must give the defendant a court appearance date on the Report of Bonding form and deliver a copy 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.

CRITICAL

Applies to

Videographic deposition transcript

A transcript of videographic testimony must be tendered to the Court when the deposition is offered into evidence.

A transcript of the videographic testimony shall be tendered to the Court when the deposition is offered into evidence.

CRITICAL

Applies to

Written pleading

Written pleadings presented for filing must include a proposed Chronological Case Summary entry with specified case and entry details, signed by counsel.

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.

CRITICAL

Applies to

Original papers

The original papers must include a certificate that the copies were forwarded to the Special Judge.

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.

CRITICAL

Applies to

Pretrial order

Following the pre-trial conference, a pre-trial order must be prepared, signed, and filed as directed by the Court.

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.

CRITICAL

Applies to

Child support worksheet

Submit the Indiana Child Support Guidelines worksheet whenever the Court is asked to determine support, including with agreed orders, and have a party sign it under penalties of perjury.

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.

CRITICAL

Applies to

Deposition notice copy

A copy of the deposition notice must be tendered to the reporter when the deposition is taken for inclusion with the deposition.

A copy of the notice shall be tendered to the reporter at the time of taking the deposition for inclusion with the deposition.

CRITICAL

Applies to

Proposed order for enumerated matter

Must include

proposed order

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.

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.

CRITICAL

Applies to

Final jury instructions

Reasonably anticipated final instructions must be exchanged and filed with the Court as directed.

Reasonably anticipated final instructions shall be exchanged and filed with the Court as directed.

CRITICAL

Applies to

Transcript fee report

Court reporters must report all specified transcript fees to the Indiana Supreme Court Office of Judicial Administration at least annually using prescribed forms.

(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.

CRITICAL

Applies to

Verified objections

Objections must be verified and specifically state why the cause is not ready for pre-trial conference and trial.

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.

CRITICAL

Applies to

Certificate of readiness

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.

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.

CRITICAL

Applies to

Proposed preliminary instructions

Proposed preliminary instructions must be exchanged and filed.

Proposed preliminary instructions shall be exchanged and filed.

CRITICAL

Applies to

Proposed order

Proposed orders left with the Clerk or Court must be submitted in enough copies to distribute to all affected parties.

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.

CRITICAL

Must include

proposed order

In Small Claims cases, attorneys of record must provide a proposed Order when appropriate; it may appear at the bottom of the submitted document.

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.

WARNING

Applies to

Exhibits

Exhibits must be presented to the reporter for marking before trial begins or during a recess.

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.

WARNING

Applies to

Transcript supply schedule

(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.

(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.

WARNING

Applies to

Pleading

The title of each pleading must identify every topic included in it.

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.

WARNING

Applies to

Exhibits

After marking and being offered in evidence, exhibits and proposed exhibits must be held by the reporter unless the trial judge orders otherwise.

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.

INFO

Applies to

Schedule of assets and liabilities

A schedule of assets and liabilities, with copies of inventories and appraisals, may be submitted before a contested trial.

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.