Jay County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Appearance

A properly completed and signed appearance on the prescribed form must be filed to represent a party at a hearing and receive court notices.

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.

CRITICAL

Applies to

Notice of hearing

When a motion requires a hearing notice, a Notice of Hearing form must be provided with the hearing time and date blank for the Court to set, unless previously arranged with Court staff.

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.

CRITICAL

Applies to

Receipt

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.

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.

CRITICAL

Applies to

Pleading motion or other document

Each filed pleading, motion, or other document must identify the filer’s specified contact and attorney information and designate the represented party.

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.

CRITICAL

Applies to

Proposed findings conclusions

When counsel requests findings of fact and conclusions of law under Trial Rule 52, counsel must submit proposed findings and conclusions in writing and on a disc formatted for WordPerfect.

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.

CRITICAL

Applies to

Discovery request or response

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.

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.

CRITICAL

Applies to

Affidavit in support of release on defendants own recognizance

The affidavit supporting release on the defendant’s own recognizance must be signed and verified before release.

NOTE: Affidavit In Support Of Release On Defendant's Own Recognizance must be signed and verified before release of Defendant.

CRITICAL

Applies to

Pretrial conference request

A party requesting a Pre-Trial Conference in a court-triable case must specifically state the reasons in the request.

A party may request a Pre-Trial Conference in a case triable by the Court, but shall specifically state reasons in said request.

WARNING

Applies to

Jury summons

A judge may direct the jury administrator to include a questionnaire for each prospective juror.

The judge may direct the jury administrator to include a questionnaire to be completed by each prospective juror.

WARNING

Applies to

Hearing waiver

Parties may waive a required motion hearing by filing a written “WAIVER OF HEARING” with the motion on a separate page, not incorporated into the pleading or 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.

WARNING

Applies to

Summary judgment brief

Where feasible, parties should attach copies of materials relied on to their respective briefs.

Wherever feasible, copies of said materials should be attached to the respective briefs of the parties.

WARNING

Applies to

Guardian ad litem report

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.

WARNING

Applies to

Petition to withdraw appearance

The client-notice requirements in subsection (B) are waived when the withdrawal petition is accompanied by another counsel’s proper appearance or one has recently been filed.

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.

WARNING

Applies to

Pretrial order

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.

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.

WARNING

Applies to

Motion to compel or response

Motions to compel and responses or objections that merely refer to the opposing papers are subject to summary ruling.

Summary Ruling. Motions to compel and responses or objections which merely make reference to the moving party’s discovery motion and the opposing party’s response or objection shall be subject to summary ruling.

WARNING

Applies to

Motion for continuance

The Court may require the requesting party, in addition to counsel, to sign a written continuance motion.

(C) SIGNING REQUIREMENT BY PARTY TO SUIT. The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to counsel.

WARNING

Applies to

Summary judgment motion

The Court may request proposed findings of fact and conclusions of law in connection with a general summary judgment motion if it determines partial summary judgment may be appropriate.

The Court reserves the right to request proposed findings of fact and conclusions of law when it determines that pursuant to the filing of a general Motion for Summary Judgment, a Partial Summary Judgment may be in order.

WARNING

Applies to

Videotape evidence

When videotapes are offered into evidence, the Court may require the offering party to file a transcript of the testimony.

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.

WARNING

Applies to

Receipt

When parties are permitted to withdraw exhibits, receipts should be prepared in advance for signature and provided to the Court Reporter in exchange for the exhibits withdrawn.

When parties are permitted to withdraw exhibits, receipts should be prepared in advance for signature and provided to the Court Reporter in exchange for the exhibits withdrawn.

WARNING

Applies to

Motion for continuance

A motion may be summarily denied if it merely says opposing counsel could not be reached without showing specific follow-up attempts.

Mere statements that attempts to reach opposing counsel have been unsuccessful without showing specific follow-up attempts may result in a summary denial of the motion.