Jay County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Transcript fee report

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.

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.

CRITICAL

Applies to

Decree of dissolution

The decree must provide for payment of uninsured medical expenses under the child support rules.

The decree must also provide for the payment of uninsured medical expenses pursuant to the child support rules.

CRITICAL

Applies to

Interrogatory answer or objection

Answers and objections to interrogatories must reproduce the full interrogatory immediately before the answer or objection and identify its number.

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.

CRITICAL

Applies to

Motion to shorten discovery response time

A motion to shorten the discovery-response period must state reasons for the request.

A motion requesting that the Court shorten the time period for response to discovery shall specifically set forth reasons for the request.

CRITICAL

Applies to

Bond

A signed copy must be attached to the bond when it is filed with the court.

ATTACH SIGNED COPY TO BOND WHEN FILING WITH COURT

CRITICAL

Applies to

Decree

When the court directs preparation of a decree after a hearing, petitioner's counsel must prepare it, submit it to respondent's counsel, and both counsel must sign it “Approved as to Form.”

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.”

CRITICAL

Applies to

Decree of dissolution

A written decree must state that the non-custodial parent is responsible for the annual child support docket fee.

The written decree must state that the non-custodial parent is responsible for the annual child support docket fee.

CRITICAL

Applies to

Motion for continuance

A continuance motion must state that consultation was sought and give opposing counsel’s position.

A Motion for Continuance shall recite that a consultation was sought and the position of opposing counsel to the sought continuance.

CRITICAL

Applies to

Request for expenses or attorney fees

A request for expenses or attorney’s fees related to a motion to compel must be made in a separate written petition.

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.

CRITICAL

Applies to

Bond

Before posting bond, the sheriff must post the notice conspicuously in the jail and provide it to the person for signature; the signed notice must be attached to the bond filed with the Court.

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.

CRITICAL

Applies to

Motion for enlargement of time

A subsequent motion for enlargement of time must identify in its heading whether it is the second, third, or later such motion.

Further, the motion shall clearly indicate in the heading that is a second, third etc., motion for enlargement of time.

CRITICAL

Applies to

Petition to withdraw appearance

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.

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).

CRITICAL

Applies to

Release on own recognizance

An Indiana resident arrested for misdemeanor driving while suspended must execute the Release On Own Recognizance form before release on their own recognizance.

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.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Discovery conference motion

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.

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.

CRITICAL

Applies to

Proposed conclusions of law

Conclusions of law must cite supporting statutes or cases.

(4) Conclusions of law shall make reference to statutory or case citations supporting same.

CRITICAL

Applies to

Bond

The no-contact bail condition must be specifically stated on the person's bond.

Said condition shall be specifically set forth on such person's bond.

CRITICAL

Applies to

Petition to withdraw appearance

When filing a petition to withdraw, counsel must tender a proposed order and sufficient addressed envelopes for non-local attorneys and unrepresented parties.

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.

CRITICAL

Applies to

Summary judgment brief

A brief referencing interrogatories or a deposition must include the pertinent questions and answers.

When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.

CRITICAL

Applies to

Conference of attorneys statement

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.

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.

CRITICAL

Applies to

Deposition

An agreement to use a deposition in lieu of trial testimony must be noted within the deposition.

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.

CRITICAL

Applies to

Written agreement

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.

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.

CRITICAL

Applies to

Partial summary judgment response

A response to a motion for partial summary judgment must include proposed findings of fact reflecting the genuine issues the party contends exist.

(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.

CRITICAL

Applies to

Partial summary judgment motion

A motion for partial summary judgment must include proposed findings of fact and conclusions of law.

(1) Any Motion for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Rule 12 motion

Must include

legal argument

A brief must accompany every motion filed pursuant to Trial Rule 12.

All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief.

CRITICAL

Applies to

Motion to compel

A motion to compel discovery must include the precise question or request and the responsive answer or objection.

Motions to Compel. All motions to compel discovery shall contain the precise question or request propounded and the responsive answer or objection.

CRITICAL

Applies to

Agreed motion for continuance

When all counsel agree to a continuance, the agreement must be submitted as an “Agreed Motion for Continuance,” signed by all counsel or stating in the motion’s text and title that all counsel agree.

(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.

CRITICAL

Applies to

Motion for continuance

A continuance motion must state the existing hearing date and time and specific reasons; general assertions without added detail may result in summary denial.

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.

CRITICAL

Applies to

Summary judgment motion and brief

By the time a summary judgment motion and supporting brief or an opposing brief is filed, counsel must ensure all supporting or opposing materials, including affidavits, are part of the record.

(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.

CRITICAL

Applies to

Extension request

An extension request must include a tendered order and 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.

CRITICAL

Applies to

Proposed findings of fact

Each proposed finding must specifically reference the material supporting it.

(3) Each finding shall be accompanied by specific reference to the material that supports said finding.

CRITICAL

Applies to

Original document

A certificate of forwarding must be made part of the original documents for papers sent to a qualified Special Judge.

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.

CRITICAL

Applies to

Decree

A child support worksheet must be attached to every decree.

A child support worksheet must be attached to all decrees.

CRITICAL

Applies to

Court document

Documents submitted to the Court must include enough copies for the Clerk, the additional order copy, and all parties or attorneys of record with stamped envelopes; adequate copies are also required for law-enforcement service requests.

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.

CRITICAL

Applies to

Hearing request

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.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Motion to shorten discovery response time

A motion to shorten the discovery-response period must include a tendered order with blank lines for the Court to set the response date.

Any such motion shall be accompanied by a tendered order containing blank lines for the Court’s use in establishing the response date.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Each continuance motion must include a tendered order identifying the hearing to be vacated and reset and leaving blanks for the Court to complete with the continued hearing details.

(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.

CRITICAL

Applies to

Summary judgment motion

Must include

legal argument

A motion for summary judgment must be accompanied by a brief.

(A) MOTIONS FOR SUMMARY JUDGMENT - BRIEFS. Motions for Summary Judgment shall be accompanied by a brief.

CRITICAL

Applies to

Response to motion to compel

A response to a motion to compel must state the question or request, the response or objection, and the legal grounds supporting the response.

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.

CRITICAL

Applies to

Decree of dissolution

Two original copies of the decree and sufficient copies for all counsel and any unrepresented parties must be tendered.

Two original copies of the decree must be tendered along with sufficient copies for all counsel and parties if unrepresented.

CRITICAL

Applies to

Motion for enlargement of time

Must include

proposed order

Every motion for enlargement must include a tendered order; the order must state the specific 30-day extension date for an initial motion and leave date lines blank for the Court to complete on subsequent motions.

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.

CRITICAL

Applies to

Contested final hearing submission

For contested final hearings, counsel are directed to submit asset and debt lists, a proposed distribution identifying disputed items, and supporting documents or exhibits; exemption requests are handled case by case.

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.

CRITICAL

Applies to

Jury summons

Jury summons must provide the listed court, transportation, compensation, attire, meal, and accessibility information.

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.

CRITICAL

Applies to

Summary judgment brief

When a brief references a pleading, counsel must state the pleading’s filing date.

When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.

CRITICAL

Applies to

Motion to compel

Must include

proposed order

A motion to compel discovery must include a tendered order with blank date lines for the Court to set a compliance deadline.

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.

CRITICAL

Applies to

Pleadings and orders

Pleadings and orders must use titles that delineate each topic, with further specificity provided by subtitles within the pleading.

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.

CRITICAL

Applies to

Written agreement

The supervising court and court reporters must enter a written agreement specifying how gap and overtime hours will be compensated.

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.

CRITICAL

Applies to

Release on own recognizance

A person released on their own recognizance under this provision must execute the Affidavit and Release On Own Recognizance form.

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.

CRITICAL

Applies to

Summary judgment brief

Summary judgment support and opposition briefs must specifically cite the materials relied on.

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.