Huntington County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Brief memorandum or motion

File the original and one copy of each brief, memorandum, and motion, except in ex parte matters or when the Court directs otherwise.

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.

CRITICAL

Applies to

Party agreement

Must include

proposed order

Party agreements reached before or during a hearing must be submitted in writing with a proposed order approving them.

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.

CRITICAL

Applies to

Discovery disclosure

Defense Counsel must furnish the State with the specified information about intended witnesses and their statements and known criminal convictions.

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.

CRITICAL

Applies to

Appearance

A defense attorney’s written appearance must contain the attorney’s name, attorney number, address, and telephone number.

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

CRITICAL

Applies to

Motion for change of venue

A motion to change venue from the county or judge must state whether it is timely; if not, it must state the grounds and be verified as required by rule.

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.

CRITICAL

Applies to

Stipulation

Stipulations must be written, signed by the parties or their counsel and personally by the Defendant, and approved by the Court.

All stipulations must be in writing, signed by all parties or their Counsel, signed by the Defendant personally, and approved by the Court.

CRITICAL

Applies to

Withdrawal of original record or paper

Original pleadings, papers, records, models, or exhibits may be withdrawn from the Clerk’s or another court officer’s custody only by court order and upon leaving a proper receipt.

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.

CRITICAL

Applies to

Appearance

A Deputy Prosecuting Attorney’s written appearance must use the form specified for appearances.

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

CRITICAL

Applies to

Pleading motion or paper

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.

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.

CRITICAL

Applies to

Motion to withdraw

A copy of the hearing notice must be attached to counsel’s motion to withdraw.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Statement

To permit a subsequent proceeding supplemental to be filed within the one-year period, the Plaintiff must submit 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.

CRITICAL

Applies to

Notice of hearing or motion

The Court fixes motion hearing times, and parties may not specify a hearing date in a notice or motion without prior authorization from the Judge, Reporter, or Bailiff.

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.

CRITICAL

Applies to

Appearance

In small claims, an attorney must enter a written appearance, which is deemed a general denial.

Attorney must enter appearance in writing as above. Said appearances are deemed general denials.

CRITICAL

Applies to

Filing

Every document submitted for filing must include the first twelve digits of the Indiana uniform case 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.

CRITICAL

Applies to

Interrogatory answers

Each interrogatory answer or objection must be immediately preceded by the interrogatory it addresses.

In any event, answers or objections to interrogatories shall include the interrogatory being answered or objected to immediately preceding the answer or objection.

CRITICAL

Applies to

Trial record

All trials must have a verbatim record.

A verbatim record shall be taken in all trials.

CRITICAL

Applies to

Docket sheet

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

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.

CRITICAL

Applies to

Withdrawal petition

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.

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.

CRITICAL

Applies to

Affidavit

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.

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.)

CRITICAL

Applies to

Pleading motion or paper

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

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.

CRITICAL

Applies to

Proposed pretrial order

In civil jury cases, counsel must prepare and file a proposed pre-trial order no later than 10 days before trial.

(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.

CRITICAL

Applies to

Motion to withdraw

Counsel may not withdraw an appearance without the Court’s permission, which is governed by I.C. 35-36-8-2.

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.

CRITICAL

Applies to

Written order

A written order submitted for signature must identify the submitting attorney in the lower-left corner of its final page.

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.

CRITICAL

Applies to

Order

Orders submitted to the Court, except in ex parte matters, must include the original and one copy for the Clerk to retain, plus a copy for each affected party to be mailed or served.

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.

CRITICAL

Applies to

Written statement

The written statement to the Court must state the consultation’s date, time, and place and identify all participants.

The statement shall recite, in addition, the date, time and place of such consultation and the names of all parties participating therein.

CRITICAL

Applies to

Pleading

Pleadings must be file stamped before submission for docket notation, except when filed by mail.

All pleadings shall be file stamped before being submitted for notation on the docket sheet, unless filed by mail.

CRITICAL

Applies to

Motion to withdraw

The Court will not grant withdrawal of an appearance unless the required notice procedure is followed.

No withdrawal of appearance shall be granted unless said procedure is followed

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Discovery disclosure

Defense Counsel must furnish the State with the specified materials intended for use as evidence or impeachment.

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.

CRITICAL

Applies to

Agreement

The parties’ agreement to appoint a special judge must be written and filed in the court where the case is pending.

The agreement of the parties must be in writing and filed in the Court where the case is pending.

CRITICAL

Applies to

Proposed preliminary instructions

In civil jury cases, counsel must file proposed preliminary instructions on the trial issues at the same time as the proposed pre-trial order.

Counsel shall further file at that time proposed preliminary instructions on the issues to be decided at trial.

CRITICAL

Applies to

Jury instructions

Jury-instruction requests must include citations of authority.

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.

CRITICAL

Applies to

Receipt

When the materials are removed, a receipt must be given to the Court Reporter and filed in the case.

At the time of removal, a receipt shall be given to the Court Reporter and filed in this cause.

CRITICAL

Applies to

Proposed order

Suggested typewritten orders shall be submitted to the Court in all matters, including criminal matters (when applicable).

Suggested typewritten orders shall be submitted to the Court in all matters, including criminal matters (when applicable).

CRITICAL

Applies to

Final pretrial conference submissions

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.

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.

CRITICAL

Applies to

Pleading

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.

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.

WARNING

Applies to

Written motion for continuance

The Court may require the requesting party to sign a written motion for continuance.

The Court, in its discretion, may require any written Motion for Continuance to be signed by the party requesting same.

WARNING

Applies to

Conference admission

A conference admission may be used against the Defendant only if it is reduced to writing and signed by the Defendant and his attorney.

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.

WARNING

Applies to

Filing by mail

To have filed copies returned after filing by mail, include a stamped, self-addressed envelope with sufficient postage.

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.

WARNING

Applies to

Jury instructions

The jury-instruction submission requirement has an exception only for matters that could not reasonably have been anticipated before trial.

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.

WARNING

Applies to

Written motion

Written motions are generally not required, except for the matters specified in the order.

No written motion is required except to compel discovery for a Protective Order, or for an extension of time.