Jay County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.
- A second or subsequent motion to enlarge the time to respond to a claim must include a written statement of specific reasons for the requested extension.
- The Court may, in its discretion, allow opposing counsel to respond to a subsequent motion for enlargement of time.
- +5 more
Request must include
- Where feasible, agreed continuance motions should be filed at least seven days before the hearing.
Document Format Requirements8 rules
Photocopied and form pleadings will be accepted only if clearly typed or printed and are legible, understandable and unaltered by strikeover or erasures and in compliance with section (A) of this Rule.
Neither typewritten signatures nor facsimile signatures shall be accepted on original documents. Facsimile signatures are, however, permitted on copies and facsimile filing.
Interrogatories must be consecutively numbered and applicable to the cause, and duplicated forms may be served only if they comply with the Rule.
Court's wording
All interrogatories shall be consecutively numbered and be applicable to the cause in which the same are filed and served. No photocopied or otherwise duplicated forms containing interrogatories shall be served unless they comply with the provisions of this Rule.
The disc submitted with proposed findings and conclusions under Trial Rule 52 must be formatted for WordPerfect.
- File type
- WordPerfect
Court's wording
In all cases where counsel has requested findings of fact and conclusions of law under Trial Rule 52, counsel shall be required to submit proposed findings and conclusions both in written form and on disc formatted for Word Perfect.
(B) MOTION. A Motion for Continuance, unless made in open Court, shall be in writing and verified unless the Court directs otherwise.
The written hearing waiver must appear on a separate page and may not be incorporated into the pleading or motion.
Court's wording
Parties may, however, waive hearing upon said motions by filing with the Court, simultaneous with said filing, a written “WAIVER OF HEARING” upon a page separate from and not incorporated in the pleading or motion.
The abbreviation (H.I.) should not be used in pleadings.
The Courts may require Jury Instructions to be submitted on disc formatted for Word Perfect.
- File type
- WordPerfect
- Jury instructions
Formatting
- •Submission on disc may be required by the Court
Document Filing Requirements70 rules
Counsel seeking to withdraw must petition for leave and provide and attach prior written client notice containing the specified address, warning, and case-date and deadline information.
Court's wording
Counsel desiring to withdraw an appearance in any pending action shall file a petition requesting leave of Court to do so. Permission to withdraw shall be given only after the petitioning attorney has given his or her client prior written notice of the intent to withdraw. A copy of said written notice shall be attached to the petition. The written notice to the client shall contain the client’s complete mailing address and shall explain to the client that failure to secure new counsel or appear may result in dismissal of the client’s case or in the rendering of a default judgment, and shall further delineate other pertinent information such as any pending trial date, hearing date and any pleading, discovery or other pre-trial deadline(s).
At the time of filing a petition to withdraw, counsel shall tender to the Court an order granting the petition and ordering the relief sought with sufficient addressed envelopes to non-local attorneys and any unrepresented parties.
A properly completed and signed appearance on the prescribed form must be filed to represent a party at a hearing and receive court notices.
Court's wording
Properly completed and signed appearance forms shall be filed in all actions pursuant to Indiana T.R. 3.1. An appearance, on the prescribed form, must be filed with the court to represent a party at a hearing and to receive notices from the Court.
Each filed pleading, motion, or other document must identify the filer’s specified contact and attorney information and designate the represented party.
Court's wording
Each pleading, motion or other document filed, shall clearly identify the name, attorney number, address, telephone number and facsimile number of the attorney (if facsimiles are accepted), attorneys or pro se litigant filing the same and shall designate the party for whom an attorney appears.
Further, the motion shall clearly indicate in the heading that is a second, third etc., motion for enlargement of time.
A motion for enlargement must state the response’s due date and the requested extension date, and a motion filed late must explain why it is untimely.
Court's wording
Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is requested to be enlarged. If the motion is not filed on or before the original due date it shall state specific reasons why it is not timely.
All motions for enlargement of time shall be accompanied by a tendered order sustaining same. The order tendered upon initial motions for enlargement of time shall recite the specific date, 30 days in advance, to which the time is extended. Subsequent motions for enlargement of time shall contain appropriate blank date lines for the Court’s completion.
When a motion requires notice of hearing, a Notice of Hearing form shall be provided. The time and date of hearing shall be left blank and fixed by the Court unless previously arranged with Court staff.
Each pleading must include the attorney’s written and printed signatures, attorney number, applicable law-firm name, complete address and telephone number, and the party represented.
Court's wording
All pleadings shall contain the written signature and attorney number of the individual attorney, his or her printed signature, the name, if appropriate, of the law firm, complete address and telephone number (including zip and area codes respectively), and a designation as to the party for whom he or she appears.
A certificate of forwarding must be made part of the original documents for papers sent to a qualified Special Judge.
Court's wording
Once a Special Judge has qualified, parties shall mail or deliver to the Special Judge, copies of all pleadings, motions, briefs, proposed orders or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
All documents submitted to the Court shall be accompanied by sufficient copies to provide retention of the original by the Clerk (plus one additional copy of orders for retention in the RJO) and copies for all parties or attorneys of record with stamped envelopes. Adequate copies must be furnished where a request is made for service by law enforcement authorities, i.e., protective orders.
Any party may request hearing upon a motion, but the granting of a hearing is discretionary with the Court, except where required by the Indiana Rules of Civil Procedure. When a hearing is requested, the request shall be made by filing with the Court a written “REQUEST FOR HEARING” upon a page separate from and not incorporated in a pleading or motion. Requests for hearing should be made in proper pleading form and not by correspondence to the Clerk.
Pleadings and orders must use titles that delineate each topic, with further specificity provided by subtitles within the pleading.
Court's wording
All pleadings and orders shall be titled to delineate each topic included in the pleading, and further specificity shall be provided by placing subtitles within the body of the pleading, e.g., where a pleading contains an Answer, a Counterclaim, a Cross-claim, a Motion to Dismiss, a Motion to Strike or a Jury Request.
A Trial Rule 16(c) Conference of Attorneys is encouraged but optional; if held, plaintiff’s counsel must prepare a statement in advance, send it to opposing counsel for approval, and file it at the Pre-Trial Conference.
Court's wording
The Conference of Attorneys provided for in Trial Rule 16(c) is encouraged, but not required. In the event a Conference of Attorneys is held, plaintiff’s counsel shall prepare, in advance of the Pre-Trial Conference, a statement regarding the conference of attorneys and forward same to opposing counsel for their approval. Said statement shall then be filed with the Court at the time of the Pre-Trial Conference.
All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief.
All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
A party may request a Pre-Trial Conference in a case triable by the Court, but shall specifically state reasons in said request.
A motion requesting that the Court shorten the time period for response to discovery shall specifically set forth reasons for the request.
Any such motion shall be accompanied by a tendered order containing blank lines for the Court’s use in establishing the response date.
Discovery requests and responses filed to seek sanctions or an order compelling discovery must have the specified signatures and certification; an unrepresented party must also provide an address and phone number.
Court's wording
For discovery filed with the Court in seeking sanction or an order compelling, every request for and response to discovery shall be signed by a party as required by the Indiana Rules of Civil Procedure and shall further be signed by at least one attorney of record in his or her individual name. A party who is not represented by an attorney shall sign the request or response and state his or her specific address and phone number. Signature(s) shall constitute a certification that the signing person(s) has read the request or response and that, to the best of that person’s knowledge, information and belief formed after a reasonable inquiry, such request, answer or objection is: warranted by existing law or constitutes a good faith attempt to extend, modify or reverse existing law; for no improper purpose, such as harassment, unnecessary delay or needless increase in the cost of litigation; and not unreasonable, unduly burdensome or expensive, given the needs of the case, the prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the litigation.
The Court may do so upon motion by the attorney for any party if the motion is accompanied by a discovery plan which includes: (1) A statement of the issues as they then appear; (2) A proposed schedule of discovery; (3) Any limitations proposed to be placed on discovery; (4) Any proposed orders with respect to discovery; and (5) A statement showing that the attorney making the motion has made a reasonable effort to reach agreement with opposing attorneys on the matters set forth in the motion.
Answers and objections to interrogatories under T.R. 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection with the interrogatory numbers identified.
In the event an agreement to use depositions in such manner is reached, pursuant to T.R. 32(A)(3)(f), such agreement shall be noted within the context of the deposition.
A party who seeks an award of expenses or attorney’s fees in conjunction with the filing of a Motion to Compel, shall make said request in a separate written petition.
Motions to Compel. All motions to compel discovery shall contain the precise question or request propounded and the responsive answer or objection.
A response to a motion to compel must state the question or request, the response or objection, and the legal grounds supporting the response.
Court's wording
Responses to Motions. All responses to motions to compel discovery shall set forth the respective question or request propounded and the response or objection. Additionally, a recitation of the legal grounds in support of the response shall be provided.
A motion to compel discovery shall be accompanied by a tendered order compelling discovery with blank date lines for use by the Court in setting a deadline for compliance.
In all cases where counsel has requested findings of fact and conclusions of law under Trial Rule 52, counsel shall be required to submit proposed findings and conclusions both in written form and on disc formatted for Word Perfect.
A Motion for Continuance shall recite that a consultation was sought and the position of opposing counsel to the sought continuance.
(F) BY AGREEMENT OF COUNSEL. Where all counsel of record agree to the continuance, such agreement shall be submitted to the Court in a denominated “Agreed Motion for Continuance” signed by all counsel of record or by recitation within the text and title of the Motion that all counsel agree.
A continuance motion must state the existing hearing date and time and specific reasons; general assertions without added detail may result in summary denial.
Court's wording
The motion shall set forth the date and time of the existing hearing and the specific reasons for the requested continuance. A motion which contains only general assertions, e.g., “Unavailability” or “other commitments”, with no additional specificity may be subject to summary denial.
(H) TENDER OF ORDER. All Motions for Continuance shall be accompanied by a tendered order sustaining same. The order shall identify the date and time of the existing hearing to be vacated and reset and contain appropriate blanks for the continued hearing to be completed by the Court.
(4) Conclusions of law shall make reference to statutory or case citations supporting same.
When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.
(2) Responses to Motions for Partial Summary Judgment shall similarly be accompanied by proposed findings of fact which reflect the genuine issues which a party contends exist in a cause.
(1) Any Motion for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.
(B) MATERIAL IN SUPPORT OF AND IN OPPOSITION TO SUMMARY JUDGMENT. At or prior to the time of filing a Motion for Summary Judgment and Brief in support thereof or an opposing brief, counsel shall insure, that all supporting or opposing materials, including affidavits, are made a part of the record in the cause.
(3) Each finding shall be accompanied by specific reference to the material that supports said finding.
(A) MOTIONS FOR SUMMARY JUDGMENT - BRIEFS. Motions for Summary Judgment shall be accompanied by a brief.
When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.
Briefs in support of and in opposition to Motions for Summary Judgment shall make specific reference to materials relied upon to support or oppose the Motion.
Before being released on his own recognizance a person shall be required to execute the Release On Own Recognizance form attached hereto as Exhibit B.
Before being released on his own recognizance a person shall be required to execute the Affidavit attached hereto as Exhibit A and the Release On Own Recognizance form attached hereto as Exhibit B.
The sheriff shall post in a conspicuous manner in the jail and shall provide a copy of the “Notice to Arrested Persons Posting a Bail Bond”, attached hereto as Exhibit “D”, to such person for signature before posting bond and a signed copy of the notice shall be attached to the bond filed with the Court.
Said condition shall be specifically set forth on such person's bond.
NOTE: Affidavit In Support Of Release On Defendant's Own Recognizance must be signed and verified before release of Defendant.
ATTACH SIGNED COPY TO BOND WHEN FILING WITH COURT
Jury summons must provide the listed court, transportation, compensation, attire, meal, and accessibility information.
Court's wording
The summons shall include the information regarding directions to the Court, parking, public transportation, compensation, appropriate attire, meals, and how to obtain auxiliary aids and services required by the Americans with Disabilities Act.
The decree must also provide for the payment of uninsured medical expenses pursuant to the child support rules.
A decree prepared following a hearing at the direction of the court shall be prepared by Counsel for the Petitioner and submitted to counsel for the Respondent who shall both sign the Decree “Approved as to Form.”
The written decree must state that the non-custodial parent is responsible for the annual child support docket fee.
A child support worksheet must be attached to all decrees.
Two original copies of the decree must be tendered along with sufficient copies for all counsel and parties if unrepresented.
At contested final hearings, counsel are directed to prepare and submit a list of assets, list of debts, and proposed distribution of assets and debts indicating those items which are in dispute along with any other supporting documents or exhibits. Requests for exemption from this rule will be handled on a case by case basis.
More than 60 days following Judgment: Exhibits and trial materials will be released to counsel or parties pursuant to a receipt executed by counsel and upon proof that 10 days prior notice has been given to opposing counsel.
Court reporters must report all fees received for the specified transcript types to the Division of State Court Administration at least annually, using its prescribed forms.
Court's wording
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 Division of State Court Administration. The reporting shall be made on forms prescribed by the Division of State Court Administration.
When the stated conditions for a court reporter’s private practice use of court resources apply, the court and reporter must enter a written agreement specifying the reasonable market rate, recordkeeping method, and reimbursement method.
Court's wording
If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court's equipment, work space and supplies, and the court agrees to the use of the court equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: (a) The reasonable market rate for the use of equipment, work space and supplies; (b) The method by which records are to be kept for the use of equipment, work space and supplies; and (c) The method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.
The supervising court and court reporters must enter a written agreement specifying how gap and overtime hours will be compensated.
Court's wording
The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours, i.e. monetary compensation or compensatory time off regular work hours.
A petition to withdraw appearance, accompanied by the proper appearance of other counsel, or where one has been recently filed, shall constitute a waiver of the requirements of (B) of this rule.
Parties may, however, waive hearing upon said motions by filing with the Court, simultaneous with said filing, a written “WAIVER OF HEARING” upon a page separate from and not incorporated in the pleading or motion.
If the Court requests counsel to prepare a proposed Pre-Trial Order, counsel must tender it, and all counsel and parties must strictly comply with the order.
Court's wording
Following the Pre-Trial Conference, the Court may request that counsel prepare and tender a proposed Pre-Trial Order or, in the alternative, the Court itself may prepare and forward to counsel a Pre-Trial Order. In all cases, however, the letter and intent of such Pre-Trial Order shall be strictly complied with by all counsel and parties.
When videotapes are offered into evidence, the Court may require the offering party to file with the Court a transcript of the testimony contained therein.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in this county.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
E-filing is encouraged for others.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
An adverse party has 15 days after service of the movant’s brief to file an answer brief; untimely briefs subject the Trial Rule 12 motion to summary ruling.
An adverse party shall have 15 days after service of the movant’s brief to file an answer brief. Failure to timely file briefs shall subject all motions filed pursuant to T.R. 12 to summary ruling.
Page 4 | LR38-TR12-1(A) BRIEFS
The opposing party has 10 days after service to respond and request a hearing; failure to respond may result in summary granting, and the Court may set a hearing in its discretion.
The opposing party shall have a period of ten (10) days after service of the petition in which to respond and request a hearing. A failure to respond may result in a summary granting of the petition. The Court may, however, in its discretion, set hearing upon any such petition and response.
Page 8 | LR38-TR37-1 MOTIONS TO COMPEL (C) AWARD OF EXPENSES OF MOTION PURSUANT TO T.R. 37(A)(4)
A continuance motion must be filed as soon as possible after the moving party discovers the reason for the continuance.
(D) TIME FOR FILING. Motions for Continuance shall be filed as soon after the cause for continuance is discovered by the party seeking same.
Page 9 | LR38-TR53.5-1 CONTINUANCES (D) TIME FOR FILING
An adverse party has 30 days after service of the movant’s brief to file an answer brief and any opposing affidavits.
An adverse party shall have thirty (30) days after service of the movant’s brief to file an Answer brief and any opposing affidavits.
Page 10 | LR38-TR56-1 MOTIONS - SUMMARY JUDGMENT (A) MOTIONS FOR SUMMARY JUDGMENT - BRIEFS
A written hearing waiver must be filed simultaneously with the motion.
Parties may, however, waive hearing upon said motions by filing with the Court, simultaneous with said filing, a written “WAIVER OF HEARING” upon a page separate from and not incorporated in the pleading or motion.
Page 2 | LR38-TR7-1 MOTIONS - GENERAL
(E) UNTIMELY MOTIONS FOR SUMMARY JUDGMENT. Due to congestion of Court calendars, any Motion for Summary Judgment filed less than thirty (30) days before the trial may not be considered by the Court.
(E) UNTIMELY MOTIONS FOR SUMMARY JUDGMENT. Due to congestion of Court calendars, any Motion for Summary Judgment filed less than thirty (30) days before the trial may not be considered by the Court.
Page 10 | LR38-TR56-1 MOTIONS - SUMMARY JUDGMENT (E) UNTIMELY MOTIONS FOR SUMMARY JUDGMENT
If a summary judgment motion is filed prematurely, the Court may postpone its hearing and ruling until after the Pre-trial Conference.
When Motions for Summary Judgment are prematurely filed, the Court may delay ruling and hearing thereon until a time subsequent to the Pre-trial Conference.
Page 10 | LR38-TR56-1 MOTIONS - SUMMARY JUDGMENT (D) TIME FOR FILING MOTIONS
Counsel should wait to file a summary judgment motion until discovery is sufficiently complete to permit proper assessment of the motion and response.
Although the rules of civil procedure permit early filing of Motions for Summary Judgment, counsel should refrain from filing Motions for Summary Judgment until discovery is sufficiently complete to permit a proper assessment of the Motion and Response.
Page 10 | LR38-TR56-1 MOTIONS - SUMMARY JUDGMENT (D) TIME FOR FILING MOTIONS
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Page 30 | LR38-FL00-1 FAMILY COURT RULES (E) GUARDIAN AD LITEMS
Service and Proof of Service Rules
After a Special Judge qualifies, parties must mail or deliver copies of subsequent filings to that judge and include a certificate of forwarding with the original documents.
Once a Special Judge has qualified, parties shall mail or deliver to the Special Judge, copies of all pleadings, motions, briefs, proposed orders or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
Page 3 | LR38-TR10-1(D) COPIES TO SPECIAL JUDGE
Notice of a discovery-conference motion must be served on all parties.
Notice of the motion shall be served on all parties.
Page 6 | LR38-TR26-3 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS
Objections or additions to matters in the discovery-conference motion must be served within ten days after the motion is served.
Objections or additions to matters set forth in the motion shall be served no later than ten (10) days after service of the motion.
Page 6 | LR38-TR26-3 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS
The Defendant must make its discovery disclosure within 30 days after the State's disclosure.
a discovery disclosure by the Defendant within 30 days thereafter
Page 15 | LR38-CP00-2 CRIMINAL PRE-TRIAL CONFERENCES
a discovery disclosure by the State within 30 days of the Initial hearing
a discovery disclosure by the State within 30 days of the Initial hearing
Page 15 | LR38-CP00-2 CRIMINAL PRE-TRIAL CONFERENCES
The Defendant must disclose and furnish the relevant items and information to the State within 30 days after the State's disclosure.
the Defendant shall disclose and furnish all relevant items and information under this rule to the State within thirty (30) days after the State’s disclosure.
Page 16 | LR38-CR00-2 AUTOMATIC CRIMINAL DISCOVERY RULES; 1. GENERAL PROVISIONS
After defense counsel enters an appearance, the State must disclose and furnish the relevant items and information to the Defendant within 30 days of that appearance.
Upon the entry of an appearance by an attorney for the Defendant, the State shall disclose and furnish all relevant items and information under this rule to the Defendant within thirty (30) days from the date of the appearance
Page 16 | LR38-CR00-2 AUTOMATIC CRIMINAL DISCOVERY RULES; 1. GENERAL PROVISIONS
Persons entering the Community Transition Program must be served with the rules upon arrival, and a copy must be returned to the sentencing court for the case file.
All persons in the Community Transition Program shall be served with a copy of the order adopting these rules upon their arrival at the Jay County Security Center and a copy thereof shall be returned to the sentencing Court for placement in the case file for the person.
Page 20 | LR38-CP00-3 COMMUNITY TRANSITION PROGRAM
If the defendant fails to appear, the notice of bond forfeiture must be mailed to the defendant.
If I do not appear at any time fixed by the Court, the Court shall declare this bond to be forfeited and notice of forfeiture shall be mailed to me at _______________________________________.
Page 26 | EXHIBIT C — FULL CASH BOND
The jury administrator may send summons after the qualification form and notice, and summons must issue at least one week before appearance unless a judge orders shorter notice because additional jurors are needed.
The jury administrator may send summons after the jury qualification form and notice. However, the summons shall be issued at least one (1) week prior to the date the juror is to appear. A judge may order prospective jurors to appear with less than one (1) week notice if it becomes apparent that additional jurors are required to complete jury selection.
Page 29 | LR38-JR1-2 JURY NOTICE AND SUMMONS PROCEDURE
The Court Reporter may dispose of trial materials at any time after 60 days following judgment, provided 10 days notice is given to all counsel of record.
The Court Reporter may dispose of trial materials at any time after 60 days following judgment, provided 10 days notice is given to all counsel of record.
Page 31 | LR38-AR00-3 DISPOSITION OF TRIAL MATERIALS
To obtain release of exhibits and trial materials more than 60 days after judgment, proof of 10 days’ prior notice to opposing counsel is required.
More than 60 days following Judgment: Exhibits and trial materials will be released to counsel or parties pursuant to a receipt executed by counsel and upon proof that 10 days prior notice has been given to opposing counsel.
Page 31 | LR38-AR00-3 DISPOSITION OF TRIAL MATERIALS
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
A separate order will be issued by the court and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Page 30 | LR38-FL00-1 FAMILY COURT RULES (E) GUARDIAN AD LITEMS
Pre-Motion Conference Requirements
Each party and their attorney must participate in good faith in framing a discovery plan proposed by any party’s attorney.
Each party and his attorney are under a duty to participate in good faith in the framing of a discovery plan proposed by the attorney for any party.
Page 6 | LR38-TR26-3 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS
Before filing a continuance motion, movant’s counsel must contact all opposing counsel of record and explain that a continuance will be sought and why.
(E) CONSULTATION WITH OPPOSING COUNSEL. Prior to filing a Motion for Continuance, the movant’s counsel shall contact all opposing counsel of record and apprize them of the fact that a continuance will be sought and the reasons for the same.
Page 9 | LR38-TR53.5-1 CONTINUANCES (E) CONSULTATION WITH OPPOSING COUNSEL
Adjournment & Extension Requirements
An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.
An initial written motion for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be automatically granted, allowing an additional thirty (30) days from the original due date.
Page 2 | LR38-TR6-1 MOTIONS - FOR ENLARGEMENT OF TIME
A second or subsequent motion to enlarge the time to respond to a claim must include a written statement of specific reasons for the requested extension.
Any subsequent motions for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be supported with a written statement of specific reasons why a second or subsequent extension is required.
Page 2 | LR38-TR6-1 MOTIONS - FOR ENLARGEMENT OF TIME
Requests to extend time for filing briefs or similar action must be filed timely and accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
Page 4 | LR38-TR12-1(B) EXTENSIONS OF TIME
An extension of time to file summary judgment briefs may be granted only by Court order.
Extensions of time for filing briefs shall be granted only by order of the Court.
Page 10 | LR38-TR56-1 MOTIONS - SUMMARY JUDGMENT (A) MOTIONS FOR SUMMARY JUDGMENT - BRIEFS
Without a plea, the case will be confirmed for trial unless the State, Defendant, and Court agree to continue the Pre-Trial Conference.
Absent a plea by agreement or otherwise, the case will be confirmed for a trial date unless a continuance of the Pre- Trial Conference is agreed to by the State, Defendant and the Court.
Page 15 | LR38-CP00-2 CRIMINAL PRE-TRIAL CONFERENCES
An extension of time to comply with the Automatic Criminal Discovery Rules must be requested by written motion.
No written motion is required, except: (1) To compel compliance under this rule (2) For additional discovery not covered under this rule; (3) For a protective order seeking exemption from the provisions of this rule; or, (4) For an extension of time to comply with this rule.
Page 16 | LR38-CR00-2 AUTOMATIC CRIMINAL DISCOVERY RULES; 1. GENERAL PROVISIONS
Where feasible, agreed continuance motions should be filed at least seven days before the hearing.
Agreed Motions should be filed at least seven (7) days before the date of the hearing where feasible in order to permit the Court to schedule other matters.
Page 9 | LR38-TR53.5-1 CONTINUANCES (F) BY AGREEMENT OF COUNSEL
Continuances are discouraged and are not a matter of right for either the requesting party or opposing parties.
(A) GENERAL. Motions for continuance are discouraged. Parties are not entitled to continuances as a matter of right, and the granting of a continuance for one party does not entitle opposing parties to a continuance as a matter of right.
Page 9 | LR38-TR53.5-1 CONTINUANCES (A) GENERAL
The Court may, in its discretion, allow opposing counsel to respond to a subsequent motion for enlargement of time.
The Court, upon its own discretion, may allow opposing counsel an opportunity to respond to subsequent motions for enlargement of time.
Page 2 | LR38-TR6-1 MOTIONS - FOR ENLARGEMENT OF TIME
Chambers Communication Rules
Telephone conferencing for the Pre-Trial Conference is prohibited unless the Court gives prior approval.
Absent obtaining prior approval from the Court, the use of telephone conferencing for the hearing of Pre-Trial conference is prohibited.
Page 15 | LR38-CP00-2 CRIMINAL PRE-TRIAL CONFERENCES