Jackson County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Adjournments
- A motion for continuance concerning a court trial or hearing must be filed at least seven days beforehand, unless the applicable deadline is controlled by a pretrial conference order.
- A motion for continuance concerning a jury trial must be filed at least 10 days beforehand, unless the applicable deadline is controlled by a pretrial conference order.
- A pretrial conference order may control the filing deadline for a motion for continuance.
- A continuance motion must state the scheduled hearing or trial date and time, a good-faith estimate of the rescheduled duration, when opposing counsel was notified, and whether counsel agrees or objects.
- For the specified agreed domestic-matter continuances, both parties’ attorneys must sign and verify client consultation; the Court may deny a motion lacking both attorneys’ signatures but retains discretion to grant it despite a party’s missing signature.
- +1 more
Request must include
- A continuance request based on a conflicting trial in another court must be filed within 21 days after this case is set for trial or hearing and must identify the other case by name and number and state when its trial was set.
Document Format Requirements9 rules
The case number on a pleading must be prominent and in at least 12-point type, except on an initial pleading.
Court's wording
(d) Case Numbers. Except for the initial pleading (Complaint, etc.), no pleadings shall be accepted by the Clerk or the Court unless it has a Case Number placed in at least twelve (12) point type prominently on the face of the pleading.
Court filings must be legible and non-cursive or typed in a plain 10-point black font, with italics or underlining used for case names, as otherwise appropriate under the citation system, or for emphasis.
- Font size
- 10 points
- Pleading
- Motion
- Other paper
Court's wording
(c) Type Styles. All pleadings, motions, and other papers filed with the Court must be legibly printed in non-cursive or be typed using: (1) A plain style font; (2) 10 point font; (3) Black-colored font, and, (4) Contain italics or underlines for case names or where otherwise appropriate according to the Uniform System of Citation. Italics and underlines may also be used for emphasis.
Court-retained papers must follow the specified paper, spacing, margin, printing, and page-numbering requirements, subject to the stated exceptions.
- Line spacing
- 1.5 lines
- Margins
- 1 inch
- Paper size
- Letter
- Pleading
- Motion
- Other paper
Exception
Those filed on green paper to conform to Administrative Rule 9)
Court's wording
(a) Paper Size, Line Spacing and Margins. All pleadings, motions, and other papers filed with the Court which are to be retained by the Court must; (1) Use white, opaque paper (except those filed on green paper to conform to Administrative Rule 9); (2) Use 8 ½ by 11-inch paper; (3) Be spaced 1.5, if more than one page when single-spaced. Quotations may be single-spaced if they are indented. Headings and footnotes may be single- spaced; (4) Have one-inch margins on all four sides. Page numbers may be placed in the margins, but no other text may appear there; (5) Be printed only on the front side of the sheet; and (6) Include page numbers that are centered in the bottom margin of each page.
Pleadings must leave a blank space to the right of the case title for the clerk’s file stamp, measuring at least three inches wide by two and one-half inches high.
Court's wording
(b) File Stamp Space. All pleadings shall allow sufficient blank space to the right of the case title to allow the clerk to file stamp the pleading without stamping over the caption or case number. The space shall be a minimum of three inches width and two and one-half inch height.
An entry prepared by a party or counsel must be on a separate sheet captioned “Order” unless the one-page motion or petition can accommodate the entry on that same page.
Court's wording
Entries (Orders) prepared by parties or their counsel are not to be placed on the same document as is the underlying Motion or Petition unless said underlying Motion or Petition is one page in length and the Entry can be placed on that same page. If the Entry cannot be placed on the one page, then said Entry is to be placed on a separate sheet of paper and captioned as an Order.
Under no circumstances should drugs, currency, or other dangerous or valuable items be included in appellate records.
(f) Property Settlement Agreements. Property Settlement Agreements should not have a line for the Judge to sign.
A motion to withdraw must comply with Indiana Rules of Trial Procedure 3.1(H), although the Court may grant it despite noncompliance.
Court's wording
(b) Form of Motion. Motions shall comply with Indiana Rules of Trial Procedure 3.1(H). Failure to conform to this rule may result in the denial of the motion to withdraw as counsel. The Court, in its discretion, may decide to grant the motion notwithstanding an attorney’s failure to comply with this rule.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Document Filing Requirements33 rules
(a) Motion to Withdraw. All withdrawals of an appearance must be made in the form of a motion filed with the Court. Permission to withdraw is at the discretion of the Court.
A certificate of forwarding must accompany the papers sent to the special judge and be made part of the original papers.
Court's wording
(a) Special Judge. When a special judge is selected, a copy of all pending pleadings, motions, and other papers must be mailed or delivered to the office of the special judge with a certificate of forwarding attached and made a part of the original papers. All proposed orders must be forwarded to the special judge as well.
A person mailing papers to the Court for filing must include a self-addressed, stamped envelope for their return.
Court's wording
(b) Filing by Mail. When pleadings, motions, or other papers are sent by mail for filing with the Court, the filing attorney or party must include a self-addressed, stamped envelope for the return of documents to the attorney or party.
Except for an initial pleading, a pleading must prominently display its case number on its face or it will not be accepted.
- Document
- Pleading
Must include
- •Case number
Court's wording
(d) Case Numbers. Except for the initial pleading (Complaint, etc.), no pleadings shall be accepted by the Clerk or the Court unless it has a Case Number placed in at least twelve (12) point type prominently on the face of the pleading.
Special Judge. If the case is before a special judge, all pleadings, motions, and other papers shall contain the following to the right of the case title: “BEFORE SPECIAL JUDGE _______________”
Each party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Indiana Rules of Evidence.
Except in Small Claims, such request must: (1) Contain the type of trial or hearing requested (e.g., jury trial, bench trial); (2) Contain a good-faith estimate of the time needed for the trial or hearing; (3) State when it is expected that all parties will be prepared for trial.
Unless otherwise stipulated or directed by the Court, the specified retained or regularly testifying employee expert’s disclosure must include a written report prepared and signed by the witness.
Court's wording
Except as otherwise stipulated or directed by the Court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness.
The expert report must include the specified opinions and their bases, information considered, exhibits, qualifications and recent publications, compensation, and recent expert testimony history.
Court's wording
The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefore, the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.
A Party shall file a suggestion of bankruptcy whenever a party believes that the bankruptcy or automatic stay provisions of the United States Bankruptcy Code has an effect on a case in the Courts of Jackson County.
A case shall be assigned for trial and placed upon the trial calendar by the Court upon written request of a party and notice to all other parties.
The suggestion of bankruptcy shall include the name of the court in which the bankruptcy was filed and the bankruptcy case number.
The identity and address of the bankruptcy trustee shall be disclosed, with instructions on the disposition of any monies of the debtor held by the Clerk, if known at the time of filing.
Within one hundred and twenty (120) days of the filing of the suggestion of bankruptcy, the Plaintiff shall file proof that the lawsuit in question is not subject to the bankruptcy or that the Plaintiff has sought relief from the automatic stay.
Counsel must file witness and exhibit lists at least seven days before trial; an omitted witness or exhibit is precluded unless the Court waives the requirement for good cause shown.
Court's wording
They are further ordered to file the list of witnesses and exhibits with the Court at least seven (7) days prior to trial. Failure to include a witness or exhibit shall preclude the witness from testifying or the exhibit from being introduced, unless the Court waives such requirement for good case shown.
In all contested Dissolution of Marriage cases, counsel for the parties are to file with the Court a marital balance sheet, including date-of-filing asset values and debt values, as well as a proposed property and debt division. Said documents are to be filed at least seven (7) days prior to trial. Failure to comply shall subject the non-complying party to sanctions.
If a non-custodial parent is granted the dependent exemption, the decree must include the prescribed tax language.
Court's wording
(1) Tax Exemptions. If a non-custodial parent is granted a child as a dependent for their income taxes, the Decree shall state: “X shall be entitled to claim C as a dependent on his/her state and federal income taxes so long as he/she is current in child support obligations as the end of said tax year. Y shall execute and return to X the necessary tax documents, upon receipt from him/her, on or before January 31st after the close of said taxable calendar year.”
Income withholding orders must contain the prescribed language set out in the rule.
Court's wording
(2) Payment of Child Support through Withholding Orders. Income Withholding Orders shall contain the following language. “The Court having issued an Order, ordering X, SS # - -XXXX (place only the last four numbers of Obligor’s Social Security number here) (hereinafter called “Support Obligator”) to pay for the benefit of the parties’ minor child(ren) in the sum of xxx Dollars ($x.00) per week, and the Court further having determined that said Support Obligor is employed by Y, (address of Employer) (hereinafter called “Income Payor”) and regularly receives income from said Income Payor. And the Court orders that Income Payor, until further order of this Court, is to withhold the following amount of x Dollars ($x.00) from Support Obligor’s weekly check and forward same to the Indiana State Central Collection Unit, P.O. Box 6219, Indianapolis, IN, 46206-6219 with Obligators Social Security # - -XXXX (place only the last four numbers of Obligor’s Social Security number here) and ISETS # posted on his check, each week. Said Income Payor may also collect from Support Obligor, for the Income Payor’s benefit and upon the decision of said Income Payor, the sum of Two Dollars ($2.00) each time the Income Payor forwards money to the Jackson County Clerk. The Court further orders that this wage withholding order is binding upon the Income Payor until further notice of the Court; that the Support Obligor may recover One Hundred Dollars ($100.00) from the Income Payor in a civil action if the Income Payor discharges, refuses employment, or disciplines the Support Obligor because of this Order; that the Income Payor is liable for any amount that the Income Payor fails to forward to the Clerk of the Jackson County Courts; that this order has priority over any claim on the Support Obligor’s income except claims for federal, state and local taxes; that said Income Payor may combine payments hereunder with other payments for all Support Obligors in one payment, provided, however, each portion of said payment is identified for each said Support Obligor; that said Income Payor shall comply on a “first come, first serve” basis for any competing withholding orders. The Court further orders that said Income Payor shall implement the withholding hereunder no later than the first pay period that accrues after fourteen (14) days hereof; and that said Income Payor shall notify the Court if said Support Obligor terminates his employment within ten (10) days thereof, and shall provide the last known address of Support Obligor and name and address of said Support Obligor’s new employer, if known.”
(1) The State shall notify the defendant in writing at least seven (7) days prior to the pretrial conference of any plea or charge bargain it is offering to the defendant.
A party must file a suggestion of bankruptcy when it believes the Bankruptcy Code or an automatic stay affects a Jackson County case.
Court's wording
(a) Filing. A Party shall file a suggestion of bankruptcy whenever a party believes that the bankruptcy or automatic stay provisions of the United States Bankruptcy Code has an effect on a case in the Courts of Jackson County.
shall include the name of the court in which the bankruptcy was filed and the bankruptcy case number.
Must include
- •Case number
(e) Duty of Plaintiff. Within thirty (30) days of the filing of the suggestion of bankruptcy, the Claimant shall file proof that the lawsuit in question is not subject to the bankruptcy or that the Claimant has sought relief from the automatic stay. Failure to do so shall result in a dismissal of the suit without prejudice.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
A motion to withdraw must comply with Indiana Rules of Trial Procedure 3.1(H), although the Court may grant it despite noncompliance.
Court's wording
(b) Form of Motion. Motions shall comply with Indiana Rules of Trial Procedure 3.1(H). Failure to conform to this rule may result in the denial of the motion to withdraw as counsel. The Court, in its discretion, may decide to grant the motion notwithstanding an attorney’s failure to comply with this rule.
Provided however, if the judgment creditor has evidence of a substantial change in financial circumstances of the judgment debtor, the creditor may file a verified petition setting forth the change, with a request for hearing.
Parties may seek access to the confidential cases or records in another case within the Family Court proceeding in which they are not a party, by written petition based on relevancy and need.
The proposed Decree of Dissolution should contain language which incorporates the Property Settlement Agreement into the Decree.
(3) Payment of Child Support through Clerk’s Office. In each case where a party pays child support through the Clerk of the Court, the Decree should state: “X” is ordered to pay $x.00 per week through the Office of the Jackson County Clerk, Courthouse, Brownstown, IN. 47220, by cash, which payments are to commence on the day of , 20 , and be paid on or before each Friday thereafter. X shall pay any yearly fees that are required by the Jackson County Clerk’s Office.”
(c) Trustee. The identity and address of the bankruptcy trustee shall be disclosed, with instructions on the disposition of any monies of the debtor held by the Clerk, if known at the time of filing.
At the time of removal, the party receiving and removing the evidence shall give a detailed receipt to the court reporter, and the receipt will be made part of the court file.
Non-documentary and oversized exhibits must remain with the trial court or agency during appeal and be briefly identified in the transcript.
Court's wording
Non-documentary and oversized exhibits shall not be sent to the Appellate level Court, but shall remain in the custody of the trial court or Administrative Agency during the appeal. Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence.
The Courts prefer and encourage the filing of a verified waiver of final hearing signed by both parties which recites the jurisdictional requirements of the Indiana Code.
The proposed juvenile-referee order language specifies text and signatures to appear in the order or decree, but the amendment is marked pending.
Court's wording
LR36-AR00-3: Juvenile Referee “This matter came before Referee (name) for hearing….” At the end of the order or decree the following shall appear: “RECOMMENDED FOR APPROVAL” /s/ ________________ Referee “THE COURT NOW ENTERS ITS ORDER OR JUDGMENT ON THE REFEREE’S FINDINGS AND RECOMMENDATIONS” (Proposed Amendment Pending)
Filing & Service rules
Electronic Filing Rules
Fax filings are not accepted.
LR36-AR12-1: Fax Filings Not Accepted
Page 3 | ADMINISTRATIVE RULES
Electronic filings are not accepted.
LR36-AR16-1: Electronic Filing Not Accepted
Page 4 | ADMINISTRATIVE RULES
Pleadings, motions, and other papers may not be filed by facsimile transmission.
(c) Filing by Facsimile Transmission. Pleadings, motions, or other papers may not be filed by facsimile transmission.
Page 5 | LR36-TR5-2: Special Provisions Regarding Filing of Pleadings, Motions, and Other Papers
A probation department member must e-file the IRAS-PAT for eligible in-custody defendants unable to make bond after 48 hours, subject to the stated exceptions.
Except for defendants being held without bond as a result of execution of a failure to appear warrant, defendants being held without bond as the result of the execution of warrant for alleged violation of probation, and defendants that have allegedly committed a new offense whilst released on bond or on own recognizance release, a member of the Jackson County Probation Department shall complete the Indiana Risk Assessment System-Pretrial Assessment Tool (IRAS-PAT) on in-custody criminal defendants unable to make bond after 48 hours and shall e-file same as a confidential document.
Page 15 | Meaningful First Hearings/Bond Review
Facsimile filings are not accepted without prior authorization and must be followed by mailing or e-filing the original document.
The Courts of Jackson County do not accept facsimile filing unless prior authorization is obtained. Facsimile filing must be followed by mailing and/or e-filing of an original document.
Page 22 | LR36-AR12-1: Fax Filings Not Accepted
Jackson County courts accept electronic filing.
The courts of Jackson County accept electronic filing.
Page 23 | LR36-AR16-1: Electronic Filing
Filing Timing and Cure Windows
The Court holds a motion, pleading, or paper requiring a ruling for seven working days from filing; an opposing party must file any response within that period, subject to exceptions for immediate action or a contrary Indiana Trial Rule.
Any motion, pleading or paper which requires a ruling will be held for seven (7) working days from the file date. If no response is filed by an opposing party within the said seven (7) days, the Court will act upon the assumption that no response will be filed. This rule does not apply in situations which require immediate action or where an Ind. Trial Rule directs otherwise.
Page 5 | LR36-TR5-3: Time for Ruling
The Plaintiff’s proof concerning the bankruptcy’s effect or relief from the automatic stay is due within 120 days after the suggestion of bankruptcy is filed.
Within one hundred and twenty (120) days of the filing of the suggestion of bankruptcy, the Plaintiff shall file proof that the lawsuit in question is not subject to the bankruptcy or that the Plaintiff has sought relief from the automatic stay.
Page 8 | LR36-TR41(E)-1: Suggestion of Bankruptcy
Filing a suggestion of bankruptcy stays all action against the debtor for 120 days unless the Court orders otherwise.
Upon the filing of a suggestion of bankruptcy, all action against the debtor shall be stayed for one hundred and twenty (120) days unless otherwise ordered by the Court.
Page 8 | LR36-TR41(E)-1: Suggestion of Bankruptcy
Failure to file the required proof results in dismissal of the suit without prejudice.
Failure to do so shall result in a dismissal of the suit without prejudice.
Page 8 | LR36-TR41(E)-1: Suggestion of Bankruptcy
The marital balance sheet documents must be filed at least seven days before trial.
Said documents are to be filed at least seven (7) days prior to trial.
Page 12 | LR36-TR00-FL-3: Marital Balance Sheet
The witness and exhibit list must be filed with the Court at least seven days before trial.
They are further ordered to file the list of witnesses and exhibits with the Court at least seven (7) days prior to trial.
Page 12 | LR36-TR00-FL-2: Witness and Exhibit Exchange
The State must give the written notice at least seven days before the pretrial conference.
(1) The State shall notify the defendant in writing at least seven (7) days prior to the pretrial conference of any plea or charge bargain it is offering to the defendant.
Page 17 | LR36-CR00- 3: Plea Agreement Deadlines in Felony Cases
The Court will not accept a plea agreement after the plea deadline.
(3) The Court will not accept a plea agreement after the plea deadline.
Page 17 | LR36-CR00- 3: Plea Agreement Deadlines in Felony Cases
A writ of attachment may not be issued more than 30 days after the failure to appear.
Under any circumstance, a writ of attachment will not be issued more than thirty (30) days after the date of a failure to appear.
Page 18 | LR36-SC11(C)-3: Writs of Attachment
The Claimant’s required proof must be filed within 30 days after the suggestion of bankruptcy is filed; failure to meet the deadline results in dismissal without prejudice.
(e) Duty of Plaintiff. Within thirty (30) days of the filing of the suggestion of bankruptcy, the Claimant shall file proof that the lawsuit in question is not subject to the bankruptcy or that the Claimant has sought relief from the automatic stay. Failure to do so shall result in a dismissal of the suit without prejudice.
Page 19
A Petition for Proceedings Supplemental may be filed no more than once in every twelve months.
A Petition for Proceedings Supplemental may only be filed once in every twelve months.
Page 9 | LR36-TR69-1: Proceedings Supplemental
A party may object for cause to a Family Court designation within ten days after notice of selection is sent.
Within ten (10) days after notice is sent that a case has been selected for Family Court, a party may object for cause to the Family Court designation.
Page 11 | Designation of Family Court and Change of Judge for Cause
Except for the prosecutor, an attorney’s appearance is automatically withdrawn 35 days after the specified conclusion of the pending action.
In all criminal cases, except for the prosecutor, an attorney’s appearance in the case shall automatically be deemed to be withdrawn thirty-five (35) days after the conclusion of the pending action by plea or verdict and sentencing or a finding of not guilty. (Effective April 1, 2018)
Page 17 | LR36-CR00-6: Automatic Withdrawal of Appearance
Service and Proof of Service Rules
The suggestion of bankruptcy must be served on each party and any special judge in accordance with Indiana Trial Rule 5.
Each party to the case and the special judge, if any, shall be served in accordance with Ind. Trial Rule 5.
Page 8 | LR36-TR41(E)-1: Suggestion of Bankruptcy
In contested Family Law cases other than provisional hearings, counsel must exchange witness names and addresses and copies of exhibits at least seven days before trial.
In all contested Family Law cases except for provisional hearings, counsel for the parties are to exchange names and addresses of all witnesses as well as actual copies of all exhibits at least seven (7) days prior to trial.
Page 12 | LR36-TR00-FL-2: Witness and Exhibit Exchange
When the accused is required for the stated purposes, the State must give reasonable notice to the accused and counsel, who may be present.
(e) Reasonable Notice. Whenever the person of the accused is required for the foregoing purposes, reasonable notice shall be given by the State to the accused and his counsel, who shall have a right to be present.
Page 17 | Reasonable Notice
A writ of attachment for failure to appear will not issue unless service is confirmed in the record.
If service is not confirmed in the record, no writ of attachment will be issued for a failure to appear.
Page 18 | LR36-SC11(C)-3: Writs of Attachment
Each party and any special judge must be served in accordance with Indiana Trial Rule 5.
(b) Service. Each party to the case and the special judge, if any, shall be served in accordance with Ind. Trial Rule 5.
Page 19
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 22 | Biologically Contaminated Evidence
The Court must notify attorneys of record and unrepresented parties by mail or through the e-file system before evidence is destroyed; counsel and parties must keep their addresses current, and notice to the last current address is sufficient.
In all cases, the Court shall provide actual notice, by mail or by notice through the e-file system, to all attorneys of record and to parties if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date. Counsel and parties have the duty to keep the Court informed of their current addresses and notice to the last current address shall be sufficient.
Page 21 | Notification and Disposition
Courtesy Copy Requirements
When a special judge is selected, a copy of all pending papers and all proposed orders must be forwarded to that judge.
(a) Special Judge. When a special judge is selected, a copy of all pending pleadings, motions, and other papers must be mailed or delivered to the office of the special judge with a certificate of forwarding attached and made a part of the original papers. All proposed orders must be forwarded to the special judge as well.
Page 5 | LR36-TR5-2: Special Provisions Regarding Filing of Pleadings, Motions, and Other Papers
Sealing & Redaction Procedures
Confidential records must retain their confidential status and be excluded from the public record of the proceedings.
Confidential records shall retain their confidential status and the Family Court shall direct that confidential records not be included in the public record of the proceedings.
Page 12 | Access to Records
The IRAS-PAT must be e-filed as a confidential document, subject to the stated exceptions.
Except for defendants being held without bond as a result of execution of a failure to appear warrant, defendants being held without bond as the result of the execution of warrant for alleged violation of probation, and defendants that have allegedly committed a new offense whilst released on bond or on own recognizance release, a member of the Jackson County Probation Department shall complete the Indiana Risk Assessment System-Pretrial Assessment Tool (IRAS-PAT) on in-custody criminal defendants unable to make bond after 48 hours and shall e-file same as a confidential document.
Page 15 | Meaningful First Hearings/Bond Review
Adjournment & Extension Requirements
A motion for continuance concerning a jury trial must be filed at least 10 days beforehand, unless the applicable deadline is controlled by a pretrial conference order.
At least 10 days before the jury trial to which the motion pertains;
Page 8 | LR36-TR53-5.1: General Requirements for Motions for a Continuance
A continuance request based on a conflicting trial in another court must be filed within 21 days after this case is set for trial or hearing and must identify the other case by name and number and state when its trial was set.
When counsel for a party requests a continuance because he or she has a conflicting trial scheduled in another court, the motion for a continuance must be filed within twenty-one (21) days after the case in this Court is set for trial or hearing. The motion must also state the name and case number of the other case, as well as the date that the other court set the conflicting case for trial.
Page 8 | LR36-TR53-5.2: Exceptions to the General Requirements for Motions for a Continuance
A continuance motion must state the scheduled hearing or trial date and time, a good-faith estimate of the rescheduled duration, when opposing counsel was notified, and whether counsel agrees or objects.
Motions for a continuance shall contain the following information: (1) The date and time of the hearing or trial for which a continuance is being sought; (2) A good-faith estimate of the time needed for such hearing or trial when rescheduled; (3) The date and time opposing counsel was notified that the party would be seeking a continuance; and (4) Whether opposing counsel agrees with or objects to the request.
Page 8 | LR36-TR53-5.1: General Requirements for Motions for a Continuance
A motion for continuance concerning a court trial or hearing must be filed at least seven days beforehand, unless the applicable deadline is controlled by a pretrial conference order.
At least seven (7) days before the court trial or hearing to which the motion pertains,
Page 8 | LR36-TR53-5.1: General Requirements for Motions for a Continuance
For the specified agreed domestic-matter continuances, both parties’ attorneys must sign and verify client consultation; the Court may deny a motion lacking both attorneys’ signatures but retains discretion to grant it despite a party’s missing signature.
For all domestic matters involving final hearings, modifications, or contested contempt citations in Dissolution or Paternity cases, a motion for continuance upon agreement by all the parties must be signed by the attorneys for both parties with a verification that each attorney has consulted with his or her client concerning the requested continuance. Failure to have both attorneys sign the motion may result in the denial of the motion by the Court. The Court in its discretion may grant the motion notwithstanding the lack of a party’s signature.
Page 8 | LR36-TR53-5.2: Exceptions to the General Requirements for Motions for a Continuance
A pretrial conference order may control the filing deadline for a motion for continuance.
As controlled by a pretrial conference order.
Page 8 | LR36-TR53-5.1: General Requirements for Motions for a Continuance
Untimely filing may result in denial of a continuance motion, but the Court may grant it despite the delay in exceptional circumstances.
Failure to timely file may result in a denial of the motion for a continuance. The Court, in its discretion, may choose to grant the motion notwithstanding the lack of timely filing under exceptional circumstances.
Page 9
Chambers Communication Rules
Counsel must notify the appropriate Court immediately when a case settles so the docket can be cleared and a new case set.
Counsel for the parties shall be responsible for notifying the appropriate Court immediately upon settlement of a case so that the docket can be cleared and a new case set therein.
Page 7 | LR36-TR40-3: Settlement and Removing the Case from the Docket
In many cases, litigants should not expect the Court to act on a letter.
In many cases, the Court cannot act upon a letter from litigants.
Page 10 | LR36-TR00-TR-1: Pro Se Litigant Responsibilities
The Court cannot discuss a case with a litigant unless the other party is present.
The Court cannot talk to litigants about the case without the other party being present.
Page 10 | LR36-TR00-TR-1: Pro Se Litigant Responsibilities
The Jackson County Courts are open for public business Monday through Friday, excluding legal holidays, from 8:00 A.M. to 4:30 P.M.; a judge may direct a closing for staff meetings or unforeseen circumstances, and the Court shall make a reasonable effort to notify litigants scheduled that day.
(a) Hours of Operation. The Jackson County Courts shall be open to the public to conduct business Monday through Friday, legal holidays excluded, from 8:00 A.M. until 4:30 P.M. (b) Exception to Hours of Operation. When staff meetings are necessary or when unforeseen circumstances occur, the judge of the Court in question may direct court closings for a specified time or for the day. The Court shall make a reasonable effort to notify litigants scheduled for court that day.
Page 9 | LR36-TR72-1: Court Hours