Judge Davin G. Smith

Applies to

Appearance

Unless the Court grants leave otherwise, counsel must file a written appearance with the Clerk or in open Court that includes the appearing person’s contact information.

Applies to

Pleading motion or paper

Every filed pleading, motion, or paper must identify the representing attorney’s name, address, and telephone number.

Applies to

Docket sheet

The attorney responsible for prosecuting or defending the case must ensure that their name appears on the docket sheet.

A party who files by fax must mail the original document to the Clerk the same day.

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.

The filing party must bring a motion requiring oral argument or a hearing to the Judge’s attention within three days of filing.

Applies to

Appearance

A copy of counsel’s appearance must be served on the other counsel or pro se parties.

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.

Service

Mail

For attorneys without a Huntington County office, ordinary mail to the address in their appearance or other pleadings is sufficient and binding notice.

Written orders submitted to the Court for signature must be single-spaced.

A rubber-stamp or facsimile signature is not acceptable on the original pleading.

Papers filed with the Clerk must be flat, unfolded, and letter-sized; typewritten pages must have no covers or backs and be fastened only at the top.