Jay County Courts, Indiana Filing Timing and Cure Windows

WARNING

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.

WARNING

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

(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.

WARNING

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.