Huntington County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- Unless made during the hearing, a continuance motion must be written and verified, state its specific reason and case information, address any earlier-scheduled case conflict, report opposing counsel’s notice and position, and estimate hearing time; parties must not assume it is granted until informed by the Court.
- The Court will deny continuance requests based on the need for further plea negotiations.
- The Court may grant a continuance only on a party’s motion, upon good cause, and only for as long as necessary, considering the prosecution’s or Defendant’s request or consent and the public interest; the motion must be heard and set for hearing under LR 35-TR-11-36(2).
Request must include
Document Format Requirements10 rules
All written orders submitted to the Court for signature shall be single spaced
- Line spacing
- Single
- Written order
A rubber stamp or facsimile signature on the original copy of such pleading shall not be acceptable.
All papers submitted to the Clerk of the Court for filing shall be flat, unfolded, and prepared on 8 ½” x 11” size papers. Typewritten pages shall have no covers or backs, shall be fastened together at the top and at no other place.
- Paper size
- Letter
Such proposed instructions shall be submitted under separate cover, in duplicate, with one set bearing the number of the tendered instruction and any supporting authority, and the other without any markings indicating the party submitting the instructions, with the exception of the attached cover sheet.
A rubber stamp or facsimile signature on the original copy shall not be acceptable.
Filings requiring action by the Court should be submitted to the Court in person, or by submitting a proposed docket sheet entry on minute sheets.
The interrogatories shall contain, after each interrogatory, a reasonable amount of space for entry of the response or objection.
Filings not requiring action by the Court may be submitted to the Reporter for entry by proposed docket entries.
In appropriate cases, upon request of counsel or upon order of the Court, hearing may be held by teleconference with all attorneys or parties of record.
The answering party may attach an addendum to the copies if the space provided is found to be insufficient.
Document Filing Requirements42 rules
The original and one (1) copy of all briefs, memorandums, and motions shall be filed in any matter, except ex parte matters, unless the Court otherwise directs.
Except by leave of Court, an appearance by counsel shall be made in writing and filed with either the Clerk of the Court or in open Court. It shall contain the appearing person’s name, address, phone number and fax number.
All documents for filing shall have as a part of the documents the first twelve digits of the uniform case numbering system as adopted by the Supreme Court of the State of Indiana.
The individual attorney responsible for the prosecution or defense of the case shall make certain that his name thereafter appears on the docket sheet of the cause.
Every pleading, motion or paper filed with the Court shall clearly identify the name, address, and telephone number of the attorney representing the party filing the pleading.
A written order submitted for signature must identify the submitting attorney in the lower-left corner of its final page.
Court's wording
All written orders submitted to the Court for signature shall be single spaced, and shall bear in the lower left hand corner of the final page an indication of the attorney submitting such order, in order that signed copies may be delivered to such attorney for distribution.
All orders submitted to the Court, with the exception of orders submitted in ex parte matters, shall be in sufficient number in order that the original and one (1) copy may be retained by the Clerk and a copy may be mailed to or served on each affected party.
Suggested typewritten orders shall be submitted to the Court in all matters, including criminal matters (when applicable).
The Clerk must not accept a pleading, motion, or paper that lacks the required attorney signature or does not conform to the stated rules, except for personally verified papers as specified.
Court's wording
Unless a pleading, motion or paper is personally verified by another person, any pleading, motion or paper which is not signed by at least one attorney of record as required by Indiana Trial Rule 11, or which is found not to be in conformity with the above rules shall not be accepted for filing by the Clerk. This requirement shall not apply to papers personally verified by a party.
Attorney must enter appearance in writing as above. Said appearances are deemed general denials.
Counsel seeking to withdraw must petition for leave, set a withdrawal date, and provide evidence of at least ten days’ written client notice or a vigorous attempt to contact the client; the requirements are waived when replacement counsel appears, and withdrawal cannot deprive the Court of jurisdiction over a party.
Court's wording
Counsel desiring to withdraw appearance in any action shall file a petition requesting leave to do so. Such petition shall fix a date for such withdrawal, and petitioning counsel shall file with the Court satisfactory evidence of at least ten (10) days written notice to his client in advance of such withdrawal date, or evidence of vigorous attempt to contact such client. A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of the foregoing requirements. No withdrawal of appearance shall be granted where it would deprive the Court of its jurisdiction over the party.
Agreements arrived at by the parties, whether before or at the time of hearing, shall be required to be submitted in written form by the parties with a proposed order approving such agreements.
- Document
- Party agreement
Must include
- •Proposed order
Motions for Change of Venue from the County or the Judge under the Indiana Trial Rules shall state within the motion whether they are timely filed, and if not, shall set out the grounds and be verified as required by rule.
All pleadings shall be file stamped before being submitted for notation on the docket sheet, unless filed by mail.
The Clerk must reject pleadings that do not conform to the rules, and inadvertently accepted nonconforming pleadings must be stricken unless striking would cause substantial prejudice to a party.
Court's wording
Any pleading, which is found not to be in conformity with the above rules, shall not be accepted for filing by the Clerk. If such pleads or orders are inadvertently accepted for filing, upon discovery of the error or omission, such pleading shall be stricken from the record unless substantial prejudice would be caused to a party by that striking.
The time of hearing motions shall be fixed by the Court. Dates of hearing shall not be specified in the notice of hearing or the motion unless prior authorization shall be obtained from the Judge, his Reporter or Bailiff.
In any event, answers or objections to interrogatories shall include the interrogatory being answered or objected to immediately preceding the answer or objection.
In civil jury cases, counsel must prepare and file a proposed pre-trial order no later than 10 days before trial.
Court's wording
(D) In all civil cases to be tried to a jury, counsel shall prepare and file with the Court a proposed pre-trial order to be submitted to the Court no later than ten (10) days prior to the date the cause is set for trial.
Counsel shall further file at that time proposed preliminary instructions on the issues to be decided at trial.
The contested-dissolution affidavit must be made under penalties of perjury and include the specified contested issues, agreements, financial information, property, debts, relevant factors, and proposed division.
Court's wording
This Affidavit shall include the following: 1. A brief statement of the contested issued. 2. A brief statement of any stipulation or agreement by the parties as to any relevant issues. 3. A listing of the parties’ income from all sources for the past two (2) years. 4. A listing of all of the property owned by the parties to the dissolution, together with a indication how such property is or was titled and the estimate for the fair market value of such property when the dissolution was filed. Said listing shall include separately each item worth over one hundred dollars ($100.00). 5. A listing of the creditors and the amount for all marital debts. 6. A listing of any other factor relevant to the Court’s division of marital assets and debts. 7. Proposed division of the marital assets and debts. (The division shall include total net dollar figure that each party will receive.)
The statement shall recite, in addition, the date, time and place of such consultation and the names of all parties participating therein.
No person shall withdraw any original pleading, paper, record, model or exhibit from the custody of the Clerk or other officer of the Court except, (1), upon Order of the Court and (2), upon leaving a proper receipt with the Clerk of the Officer.
At the time of removal, a receipt shall be given to the Court Reporter and filed in this cause.
Once a proceeding supplemental has been filed a subsequent Proceeding Supplemental may not be filed for a period of one (1) year unless the Plaintiff submits to the Court a statement demonstrating a material change in the financial circumstances of the Defendant.
The agreement of the parties must be in writing and filed in the Court where the case is pending.
A defense attorney’s written appearance must contain the attorney’s name, attorney number, address, and telephone number.
Court's wording
Any attorney representing a Defendant shall appear for such Defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the Court containing his name, attorney number, address and telephone number
A Deputy Prosecuting Attorney’s written appearance must use the form specified for appearances.
Court's wording
At such time as the office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above
A copy of the hearing notice must be attached to counsel’s motion to withdraw.
Court's wording
Counsel shall further send notice of the filing of said motion to the Defendant, which notice shall indicate the date, time and place of said hearing. It shall be sent by first class mail and shall inform the Defendant of the necessity to be present. A copy of said notice shall be attached to the Counsel’s Motion to Withdraw.
Permission of the Court is required to withdraw the appearance of Counsel for a Defendant. I.C. 35-36-8-2 shall govern the granting of such permission.
No withdrawal of appearance shall be granted unless said procedure is followed
A verbatim record shall be taken in all trials.
Applications for Court orders must be made by motion; written motions must state their grounds and requested relief, include a supporting memorandum, and be signed and identify filing counsel, subject to the stated exceptions and permissions.
Court's wording
An application to the Court for an order shall be by motion. A motion other than one made during the trial or hearing shall be in writing. Unless otherwise provided by law or rule, only the original copy of a motion need be filed. It shall state the grounds upon which it is made and set forth the relief or order sought. It may be supported by affidavit. It shall be accompanied by a memorandum of law in support thereof. It shall be signed by an attorney of record or the Defendant personally and shall clearly identify the name, attorney number and address of any attorney filing the same.
Jury-instruction requests must include citations of authority.
Court's wording
All requests for jury instructions tendered in accordance with Criminal Rule 8 and Trial Rule 51 of the Indiana Rules of Trial Procedure must be submitted to the Court, with citations of authority, not later than the day of the final pre-trial conference.
Defense Counsel must furnish the State with the specified information about intended witnesses and their statements and known criminal convictions.
Court's wording
Defense Counsel shall furnish to the State any of the following information within his possession and control: 1. The names and last known addresses of person he intends to call as witnesses together with their relevant written or recorded statements, including memoranda reporting or summarizing their oral statements, and any record of prior criminal convictions known to him.
All stipulations must be in writing, signed by all parties or their Counsel, signed by the Defendant personally, and approved by the Court.
Defense Counsel must furnish the State with the specified materials intended for use as evidence or impeachment.
Court's wording
Defense Counsel shall furnish to the State any of the following information within his possession and control: 2. Any books, papers, documents, photographs, or tangible objects he intends to use as evidence or for impeachment at a hearing or trial.
In jury-trial cases, attorneys must meet and exchange the specified materials at least seven days before the final pretrial conference, and each party must submit final versions to the Court at the conference.
Court's wording
For all cases set for a jury trial, the Court shall set a final pre-trial conference. At least seven (7) days prior to the final pre-trial conference, the attorneys shall meet and exchange witness list, exhibit list, any Motions in Limine to be filed and proposed jury instructions. At the final pre-trial conference, each party shall submit to the Court their final witness list, exhibit list, any Motions in Limine and proposed jury instructions.
To have filed copies returned after filing by mail, include a stamped, self-addressed envelope with sufficient postage.
Court's wording
In all cases where pleadings or other official papers are filed of record with the Clerk of the Court by mail, said Clerk shall not return filed copies of such pleadings or official papers unless a stamped self-addressed envelope, bearing sufficient postage is included with the filing.
The Court, in its discretion, may require any written Motion for Continuance to be signed by the party requesting same.
Exceptions to this requirement will be made only when the matters on which the instruction is sought could not have been reasonably anticipated in advance of the trial.
No written motion is required except to compel discovery for a Protective Order, or for an extension of time.
No admission made by the Defendant or his attorney at the conference shall be used against the Defendant unless the admissions are reduced to writing and signed by the Defendant and his attorney.
Filing & Service rules
Electronic Filing Rules
Pleadings, motions, and other documents may be filed by electronic facsimile with the Circuit or Superior Court at the listed fax number.
Pursuant to Administrative Rule 12, the Huntington Circuit and Huntington Superior Courts hereby authorize the filing of pleadings, motions, and other documents via electronic facsimile at facsimile machine telephone number of : Circuit Court - (260) 358-4813 Superior Court - (260) 359-4415
Page 4 | LR 35-AD-12-3(A) FILING OF DOCUMENTS BY FACSIMILIE TRANSMISSION
Filing Timing and Cure Windows
Fax filings must be made between 8:00 a.m. and 4:30 p.m.; filings received after 4:30 p.m. are deemed filed the next business day.
Facsimile filings shall be made between 8:00 a.m. and 4:30 p.m. Facsimile filings received after 4:30 p.m. shall be deemed filed on the next business day.
Page 4 | LR 35-AD-12-3(B) (Time of Filing)
A party who files by fax must mail the original document to the Clerk the same day.
A party making a facsimile filing shall mail the original document to the Clerk on the same day that the facsimile is sent.
Page 4 | LR 35-AD-12-3(A)
The filing party must bring a motion requiring oral argument or a hearing to the Judge’s attention within three days of filing.
The filing of any motion with the Clerk of the Court or with the Court, which requires oral argument or hearing before the Court shall be brought to the attention of the Judge by the party filing same within three (3) days of such filing.
Page 5 | LR 35-TR-5-5(A)
In a contested dissolution, the parties must submit the required affidavit to the Court at least ten days before the final hearing.
At least ten (10) days prior to the time of the final hearing on any contested dissolution, the parties to said dissolution shall submit to the Court an Affidavit under penalties of perjury.
Page 9 | DISSOLUTION PROCEEDINGS
A subsequent proceeding supplemental may not be filed within one year of the prior filing unless the Plaintiff submits a statement demonstrating a material change in the Defendant’s financial circumstances.
Once a proceeding supplemental has been filed a subsequent Proceeding Supplemental may not be filed for a period of one (1) year unless the Plaintiff submits to the Court a statement demonstrating a material change in the financial circumstances of the Defendant.
Page 11 | LIMITATION ON FILING PROCEEDING SUPPLEMENTALS
Plea bargains must be finalized and the plea entered by the omnibus/pre-trial date; later guilty pleas are on a straight-up basis and the Court will not consider plea bargains after that date.
All guilty pleas with a plea bargain must be finalized and a plea entered not later than the omnibus/pre-trial date. Any plea of guilty after that time will be on a “straight-up” basis. No plea bargains will be considered by the Court after that date.
Page 17 | INITIAL HEARING AND PLEA
A Deputy Prosecuting Attorney must file a written appearance in the specified form when assigned a case.
At such time as the office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above
Page 17 | APPEARANCE OF COUNSEL
Counsel must give the Defendant written notice of the intent to withdraw at least 10 days before filing the withdrawal motion.
Counsel desiring to withdraw their appearance shall notify the Defendant of such intention, in writing, not less than ten (10) days prior to the Counsel’s filing of such motion.
Page 17 | WITHDRAWAL OF COUNSEL
Defense counsel must file a written appearance immediately upon being retained or appointed.
Any attorney representing a Defendant shall appear for such Defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the Court
Page 17 | APPEARANCE OF COUNSEL
Jury-instruction requests must be submitted to the Court with citations of authority by the day of the final pre-trial conference.
All requests for jury instructions tendered in accordance with Criminal Rule 8 and Trial Rule 51 of the Indiana Rules of Trial Procedure must be submitted to the Court, with citations of authority, not later than the day of the final pre-trial conference.
Page 18 | JURY INSTRUCTIONS
Objections to the Discovery Order must be filed 14 days before trial.
Any objections to this Discovery Order must be filed fourteen (14) days before the trial.
Page 20 | LR 35-CR-21-39 PRE-TRIAL DISCOVERY
When an appeal is taken, the parties must remove the materials within thirty days after the reviewing court’s mandate is filed.
In all cases in which an appeal is taken, they shall be taken away within thirty (30) days after the filing of the mandate of the reviewing Court.
Page 10 | WITHDRAWAL OF ORIGINAL RECORDS AND PAPERS
If the parties or their attorneys fail to remove the materials within thirty days after notice from the Court Reporter, the Sheriff may sell or otherwise dispose of them as directed by the Court.
If the parties or their attorneys shall neglect to remove models, diagrams, exhibits or material within thirty (30) days after notice from the Court Reporter, the same shall be sold by the Sheriff at public or private sale or otherwise disposed of as the Court may direct.
Page 10 | WITHDRAWAL OF ORIGINAL RECORDS AND PAPERS
Unless the Court orders otherwise or an appeal is taken, the parties who offered models, diagrams, exhibits, or other material must remove them within four months after the case is decided.
All models, diagrams, exhibits, or material placed in the custody of the Court Reporter shall be taken away by the parties offering them in evidence, except as otherwise ordered by the Court, within four (4) months after the case is decided unless an appeal is taken.
Page 10 | WITHDRAWAL OF ORIGINAL RECORDS AND PAPERS
Within seven days after the specified order is noted on the CCS, the parties may agree to appoint an eligible special judge.
Pursuant to TR 79(D) - Within seven (7) days of the notation on the Chronological Case Summary (CCS) of an Order granting a change of judge or an order of disqualification, the parties may agree to the appointment of an eligible special judge.
Page 11 | APPOINTMENT OF SPECIAL JUDGE PURSUANT TO T.R. 79
Counsel or the State may submit proposed final jury instructions through the close of evidence.
(E) In all cases to be tried to a jury, counsel for the respective parties or the State of Indiana may submit proposed final instructions to the Court up to the close of evidence.
Page 8 | PRE-TRIAL CONFERENCES
Service and Proof of Service Rules
A copy of counsel’s appearance must be served on the other counsel or pro se parties.
A copy thereof must be served on the other counsel or pro se parties.
Page 3 | LR 35-TR-3.1-1(A) GENERAL
Other legally or court-required notices, including pleadings served on opposing counsel, must be served under the applicable Indiana Supreme Court rules and statutes.
(C) All other notices required by law or Court rules, including the service of pleadings on opposing counsel, shall be served in accordance with Rules of the Supreme Court of the State of Indiana and applicable statues.
Page 7 | NOTICE TO ATTORNEYS
A party serving written interrogatories must provide two copies to each party required to answer them.
(A) A party serving written interrogatories pursuant to the Indiana Rules of Procedure shall provide two (2) copies to each party required to answer the same.
Page 8 | INTERROGATORIES
All items and information which is the lawful subject of discovery in any civil case pending in the Huntington County Circuit Court or the Huntington County Superior Court shall be exchanged between the adversary parties without formal request up to the trial or the pre-trial conference, if one is held.
All items and information which is the lawful subject of discovery in any civil case pending in the Huntington County Circuit Court or the Huntington County Superior Court shall be exchanged between the adversary parties without formal request up to the trial or the pre-trial conference, if one is held.
Page 9 | DISCOVERY
A Deputy Prosecuting Attorney must serve a copy of the appearance on defense counsel.
At such time as the office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on Counsel for the Defendant.
Page 17 | APPEARANCE OF COUNSEL
Counsel must mail the Defendant notice of the withdrawal-motion hearing stating its date, time, and place and informing the Defendant that attendance is necessary.
Counsel shall further send notice of the filing of said motion to the Defendant, which notice shall indicate the date, time and place of said hearing. It shall be sent by first class mail and shall inform the Defendant of the necessity to be present.
Page 17 | WITHDRAWAL OF COUNSEL
Defense counsel must serve a copy of the appearance on the Prosecuting Attorney’s office.
Any attorney representing a Defendant shall appear for such Defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the Court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance to the office of the Prosecuting Attorney.
Page 17 | APPEARANCE OF COUNSEL
In covered criminal cases, the State must disclose the specified material within its possession or control to the Defense at least 14 days before trial and continue discovery through trial; it may use an inspection or copying arrangement mutually agreed with Defense Counsel.
For all criminal cases filed in the Huntington Circuit or Superior Court, beginning January 1, 2007, the Court now issues the following Discovery Order: A. The State shall disclose to the Defense the following material and information within its possession or control at least fourteen (14) days before trial. Discovery shall be continuing in nature through trial. 1. The names and last known addresses of persons whom the State may call as witnesses, together with their relevant written or recorded statements, memoranda containing substantially verbatim reports of their oral statements and a list of memoranda reporting or summarizing their oral statements. 2. Any written or recorded statements and the substance of any oral statements made by the accused or by a co-Defendant, and a list of witnesses to the making and acknowledgement of such statements. 3. A transcript of those portions of grand jury minutes containing testimony of persons whom the Prosecuting Attorney may call as witnesses at the hearing or trial, as designated by the defense after listening to the recording of the testimony. 4. Any reports or statements of experts, made in connections with the particular case, including results of physical or mental examinations and scientific tests, experiments or comparisons which may be used or relied upon at hearing or trial. 5. Any books, papers, documents, photographs or tangible objects which the Prosecuting Attorney intends to introduce into evidence as a part of his case-in-chief in the hearing or trial or were obtained from or belong to the accused. 6. Any record of prior criminal convictions which may be used for impeachment of the persons whom the State intends to call as witnesses in its case-in-chief at the hearing or trial. 7. Any evidence, which tends to negate the guilt of the accused as to the offense charged or would tend to mitigate his punishment. The State may perform these obligations in any manner mutually agreeable to itself and Defense Counsel by notifying Defense Counsel that material and information, described in general terms may be inspected, obtained, tested, copied or photocopied, at specified reasonable times and places.
Page 19 | LR 35-CR-21-39 PRE-TRIAL DISCOVERY
In covered criminal cases, the Defense must disclose the specified material within its possession or control to the State at least 14 days before trial, with discovery continuing through trial.
For all criminal cases filed in the Huntington Circuit or Superior Court, beginning January 1, 2007, the Court now issues the following Discovery Order: B. The Defense shall disclose to the State the following material and information within its possession or control at least fourteen (14) days before trial. Discovery shall be continuing in nature through trial. 1. The names and addresses of persons whom the Defendant may call as witnesses along with a copy of their written statements or a summary of their oral statements and a record of their prior criminal convictions. 2. Any books, papers, documents, photographs, or tangible objects, which are intended to be used at a hearing or trial. 3. Any medical or scientific reports relating to Defendant or Defendant’s evidence, which may be used at a hearing or trial. 4. Any defense, procedural or substantive, the Defendant intends to make at a hearing or trial and a significant summary of the basis and authority for the same. 5. Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons which will be used or relied upon at a hearing or trial.
Page 20 | LR 35-CR-21-39 PRE-TRIAL DISCOVERY
For attorneys with an office in Huntington County and contract Public Defenders, depositing written notice in the named attorney’s Law Library box is sufficient notice.
(A) For attorneys maintaining an office within the territorial boundaries of Huntington County, Indiana, or contract Public Defenders it shall be sufficient notice of the above matters if a written copy of the notice of hearing, argument, ruling or other matter is deposited in a box bearing the attorney’s name, located in the office of the Huntington County Circuit Court Law Library. The boxes bearing the Huntington County attorney’s names, located in the Law Library office of the Court Reporter of Huntington County Circuit Court shall be used by the Superior Court also.
Page 7 | NOTICE TO ATTORNEYS
For attorneys without a Huntington County office, ordinary mail to the address in their appearance or other pleadings is sufficient and binding notice.
(B) In cases where it is necessary to give notice to attorneys not maintaining an office within the territorial boundaries of Huntington County, Indiana, it shall be sufficient and binding notice if a written copy of such notice is mailed by ordinary mail to said attorney, at the address contained in their appearance of other pleadings.
Page 7 | NOTICE TO ATTORNEYS
Proposed instructions need not be exchanged by Counsel until after the evidence has been submitted.
Proposed instructions need not be exchanged by Counsel until after the evidence has been submitted.
Page 18 | JURY INSTRUCTIONS
Sealing & Redaction Procedures
Completed jury questionnaires are confidential and may be removed from clerk or Court files only by an attorney of record with a proper receipt, for 24 hours of inspection and copying.
Such completed jury questionnaires are confidential and may only be removed from the files of the clerk or Court by an attorney of record giving a proper receipt for a period of twenty- four (24) hours for inspection and copying the same.
Page 23 | SELECTION OF A JURY PANEL
Pre-Motion Conference Requirements
Before the Court will rule on a motion for discovery and production under Indiana Trial Rules 27–37, moving counsel must personally consult and sincerely attempt to resolve the dispute and advise the Court in writing that no accord was reached.
To curtail undue delay in the administration of justice, the Court shall refuse to rule on any motion for discovery and production of documents under Trial Rule 27 through Trial Rule 37 of the Indiana Rules of Civil Procedure unless the moving counsel shall first advise the Court, in writing, that after personal consultation and sincere attempts to resolve differences, an accord cannot be reached.
Page 9 | DISCOVERY
For a motion requiring a hearing, the moving party must consult opposing counsel before setting it on the Court calendar; a motion not set on the calendar will be summarily denied.
All motions requiring a hearing before the Court shall be set on the Court calendar by the moving party after first consulting with opposing Counsel. Any motion requiring a hearing before the Court which is not set for hearing on the Court calendar by the moving party shall be summarily denied.
Page 18 | MOTIONS
Adjournment & Extension Requirements
Unless made during the hearing, a continuance motion must be written and verified, state its specific reason and case information, address any earlier-scheduled case conflict, report opposing counsel’s notice and position, and estimate hearing time; parties must not assume it is granted until informed by the Court.
Motions for Continuance, unless made during the hearing of the cause, shall be in writing and verified. The motion shall be specific with regard to the reason for the requested continuance, including the caption, cause number and Court and if the continuance is requested due to a conflict with a case that was scheduled prior to the date in the pending cause of action. Said motions shall contain as a part thereof a statement that opposing counsel has been previously notified of the request, and an indication of the acquiescence or objection of opposing counsel to said continuance. Further, said motions shall contain an estimate of the time required for the hearing of the cause. Parties or their attorneys are not to assume a Motion for Continuance will be sustained until so informed by the Court.
Page 6 | LR 35-TR-53.5-6(A)
The Court will deny continuance requests based on the need for further plea negotiations.
The Court will deny all requests for a continuance based on the need for further plea negotiations.
Page 17 | INITIAL HEARING AND PLEA
The Court may grant a continuance only on a party’s motion, upon good cause, and only for as long as necessary, considering the prosecution’s or Defendant’s request or consent and the public interest; the motion must be heard and set for hearing under LR 35-TR-11-36(2).
Upon motion of any party, the Court may grant a continuance only upon a showing of good cause and only for so long as necessary, taking into account not only the request of consent of the prosecution or Defendant, but also the public interest in the prompt disposition of the case. All motions seeking a continuance shall be heard by the Court and shall therefore be set for hearing in accordance with Rule LR 35-TR-11-36 (2) above.
Page 19 | LR 35-CR-00-37 CONTINUANCES
Chambers Communication Rules
Any party may request oral argument or a hearing on a motion, but the Court has complete discretion whether to grant oral argument.
Any party may request oral argument or a hearing upon a motion, but the granting of oral argument is wholly discretionary with the Court.
Page 6 | LR 35-TR-5-5(B)