Court Rules

Jennings County Courts, Indiana

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • An initial motion for enlargement of time is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.
  • A joint motion for continuance is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.
  • A continuance motion must state the reason, counsel’s contact with opposing counsel and the opposing counsel’s response, and include sufficient copies of a rescheduling order; agreement does not ensure the motion will be granted, and merely saying opposing counsel was contacted without giving the response is insufficient.
  • +3 more

Request must include

Reason for RequestAdversary Position
  • Continuance requests must be made as soon as the reason is discovered or should have been discovered; except in an emergency or in open court, the written motion must be on file at least 10 days before the scheduled matter unless accompanied by an affidavit that the reason arose within that 10-day period, and exceptions may be granted for matters scheduled with less than 10 days’ notice.
Filters:

Document Format Requirements4 rules

FormattingMandatory

A.) GENERALLY. Excepting motions made during the course of a recorded proceeding, all motions shall be in writing.

jennings-local-rules · Jan 2026 · p. 4
|SectionLR 40-TR7-01 - MOTIONS
FormattingMandatory

Parties shall utilize digital format in discovery matters, including, but not limited to, interrogatories, requests for production, requests for admissions and other requests for discovery.

Formatting

  • Discovery matters must utilize digital format
jennings-local-rules · Jan 2026 · p. 5
|SectionLR 40-TR26-01 – DISCOVERY REQUESTS
FormattingImportant

All pleadings, motions, and/or orders shall be on the front side of the paper only.

jennings-local-rules · Jan 2026 · p. 7
|SectionLR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE
FormattingImportant

Proposed orders and judgments shall be on pages separate from the motion.

jennings-local-rules · Jan 2026 · p. 7
|SectionLR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE

Document Filing Requirements35 rules

Filing RequirementsMandatory

Motions or applications for the listed matters must be accompanied by proposed orders.

Document
Motion or application

Must include

  • Proposed order

Court's wording

B.) PROPOSED ORDERS REQUIRED. Proposed orders shall accompany motions or applications in the following matters: 1.) to enlarge or shorten time 2.) for setting of hearing, conference or trial 3.) for continuance 4.) for default judgment 5.) to compel discovery 6.) to withdraw appearance 7.) for dismissal 8.) for change of venue 9.) for restraining order, temporary injunction 10.) for summary judgment 11.) for reduction of bond 12.) for psychiatric examination for competency 13.) for modification of sentence 14.) for post-conviction relief 15.) for such other orders, judgments, or decrees as the Court may direct.

jennings-local-rules · Jan 2026 · p. 4
|SectionLR 40-TR7-01 - MOTIONS
Filing RequirementsMandatory

Motions must be accompanied by a hearing request and a proposed order scheduling a hearing, except for the stated categories of motions.

Document
Motion

Must include

  • Proposed order

Court's wording

C.) HEARINGS REQUIRED. Excepting motions to correct error, motions for summary judgment or other motions described in subsection F, subsection G, and subsection H of this rule, all motions shall be accompanied by a motion requesting a hearing and a proposed order for the scheduling of a hearing date.

jennings-local-rules · Jan 2026 · p. 4
|SectionLR 40-TR7-01 - MOTIONS
Filing RequirementsMandatory

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel.

Filing RequirementsMandatory

Upon expiration of the from the date of the dismissal, the proponent of the motion shall file an Order Granting Expungement or a written request to schedule the matter for hearing.

Filing RequirementsMandatory

All interrogatories to parties propounded pursuant to Trial Rule 33 shall be signed and dated by the propounding party.

jennings-local-rules · Jan 2026 · p. 5
|SectionLR 40-TR26-01 – DISCOVERY REQUESTS
Filing RequirementsMandatory

Upon expiration of the time provided by the briefing schedule, the proponent of the motion shall file a written request to schedule the matter for hearing.

Filing RequirementsMandatory

A prosecutor’s motion to dismiss all charges or juvenile delinquency allegations resulting in expungement must include a proposed Order Pending Expungement specifying the response and expungement periods.

Document
Motion to dismiss

Must include

  • Proposed order

Court's wording

H.) EXPUNGEMENTS FROM DISMISSAL UNDER I.C. 35-38-9-1. The Prosecutor filing a motion to dismiss all charges or juvenile delinquency allegations resulting in expungement shall be accompanied by a proposed Order Pending Expungement giving the prosecutor thirty (30) days to file a response or that the Expungement shall be granted after sixty (60) days from the date of the dismissal.

Filing RequirementsMandatory

A discovery motion following consultation must state the date, time, and place of the consultations and identify the participants.

Court's wording

After personal consultation and good faith attempts to resolve differences as to the foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek protection against discovery as aforesaid. As a part of such motion, the party shall recite the date, time, and place of the personal consultations and the names of the participants.

jennings-local-rules · Jan 2026 · p. 6
|SectionLR 40-TR26-01 – DISCOVERY REQUESTS
Filing RequirementsMandatory

In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon.

jennings-local-rules · Jan 2026 · p. 6
|SectionLR 40-TR52-01 - FINDINGS OF FACT
Filing RequirementsMandatory

D.) All chronological case summary entries, orders, and judgments shall have, in the lower left-hand corner of the signature page, a distribution list with the name and mailing address of each party or attorney to receive a copy of the same.

jennings-local-rules · Jan 2026 · p. 7
|SectionLR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE
Filing RequirementsMandatory

A party requesting a trial, hearing, or continuance must prepare and submit a scheduling order with the motion, sufficient copies, and pre-addressed, pre-stamped envelopes for the parties and counsel of record.

Court's wording

A.) A party requesting a trial, hearing, or continuance shall be responsible for preparing an order which schedules or reschedules, as appropriate, a matter for trial or hearing. The order shall be submitted with the Motion For Trial, Hearing, or Continuance together with sufficient copies and pre-addressed and pre-stamped envelopes to provide copies to all parties and/or counsel of record.

jennings-local-rules · Jan 2026 · p. 7
|SectionLR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE
Filing RequirementsMandatory

B.) A party filing any other type of motion shall, at the time of filing, submit a proposed order with sufficient copies and pre-addressed, pre-stamped envelopes to serve all parties and/or counsel of record, along with a copy for the RJO (Record of Judgments and Orders).

Document
Motion

Must include

  • Proposed order
jennings-local-rules · Jan 2026 · p. 7
|SectionLR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE
Filing RequirementsMandatory

A Proposed Order should be tendered along with each Motion to Continue, and said Proposed Order must include language indicating which party the delay is charged to, or it shall be returned to the filing party for correction.

jennings-local-rules · Jan 2026 · p. 8
|SectionLR 40-TR53.5-06 - CONTINUANCES
Filing RequirementsMandatory

It shall be the duty of the debtors’ bankruptcy attorney to file with the Court a notice of bankruptcy setting forth the date of the bankruptcy filing, the bankruptcy court location and case number, and an affirmation that the opposing party has been duly listed on the bankruptcy petition.

jennings-local-rules · Jan 2026 · p. 8
|SectionLR 40-TR3.1-08 - BANKRUPTCY
Filing RequirementsMandatory

E.) Each Motion to Continue in criminal matters shall indicate whether the delay should be charged to the defendant or the prosecution.

jennings-local-rules · Jan 2026 · p. 8
|SectionLR 40-TR53.5-06 - CONTINUANCES
Filing RequirementsMandatory

In all cases in which the Court retains continuing jurisdiction (e.g., dissolutions, juvenile, criminal) and retained legal counsel and client do not wish to continue representation, counsel shall, at the conclusion of the matter for which counsel was retained, submit a motion to withdraw from representation and a proposed order.

Document
Motion to withdraw

Must include

  • Proposed order
jennings-local-rules · Jan 2026 · p. 8
|SectionLR 40-TR53.5-07 - WITHDRAWAL
Filing RequirementsMandatory

The order of withdrawal shall also set forth the former client’s name and address for distribution, and be accompanied by pre-addressed, pre-stamped envelopes as set forth in LR 40-TR 58-04 above.

jennings-local-rules · Jan 2026 · p. 8
|SectionLR 40-TR53.5-07 - WITHDRAWAL
Filing RequirementsMandatory

Both parents in the specified proceedings must file a certificate showing completion of the required program.

Court's wording

In any dissolution of marriage, paternity, or legal separation proceeding where there remain minor children born of the marriage or relationship, both the father and mother shall complete the Parenting Power program or equivalent program approved by the Court within sixty (60) days after the filing of the petition and file with the Court a certificate of completion.

jennings-local-rules · Jan 2026 · p. 9
|SectionPARENTING POWER PROGRAM
Filing RequirementsMandatory

No final hearing will be set until both certificates are on file with the Court.

jennings-local-rules · Jan 2026 · p. 9
|SectionPARENTING POWER PROGRAM
Filing RequirementsMandatory

The moving party must prepare a Financial Declaration Form in the specified family-law matters.

Court's wording

A. Requirement In all relevant family law matters, including dissolutions, legal separations, paternity, and post decree support or maintenance proceedings, the moving party shall prepare and serve a Financial Declaration Form on the opposing party or their counsel within thirty (30) days of the date of the filing of the action.

jennings-local-rules · Jan 2026 · p. 10
|SectionSUBMISSION OF FINANCIAL DECLARATION FORM
Filing RequirementsMandatory

Each party must attach reasonably required and reasonably available supporting information to the Financial Declaration Form, including tax returns and supporting documentation and current wage records; subpoenaed materials and materials possessed by the other party are not reasonably available.

Court's wording

For the purpose of providing a full and complete verification of income, assets, liabilities, and values, each party shall attach to the Financial Declaration Form all information reasonably required and reasonably available. At a minimum, this shall include income tax returns and supporting documentation, and current wage records. “Reasonably available” means that material which may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed or is in the possession of the other party.

jennings-local-rules · Jan 2026 · p. 11
|SectionD. Supporting Documents
Filing RequirementsMandatory

Additionally, pursuant to INDIANA TRIAL RULE 26(e)(2) and (3), the Form shall be supplemented if additional material becomes available.

jennings-local-rules · Jan 2026 · p. 11
|SectionE. Financial Declaration—Mandatory Discovery
Filing RequirementsMandatory

The exchange of Forms constitutes mandatory discovery. Thus, INDIANA TRIAL RULE 37 sanctions apply.

jennings-local-rules · Jan 2026 · p. 11
|SectionE. Financial Declaration—Mandatory Discovery
Filing RequirementsMandatory

Each party shall bring to the expedited hearing all documentary evidence as required by these Local Rules.

Filing RequirementsMandatory

For contested divorce and paternity hearings, each party must submit the listed exhibits before the hearing when applicable.

Court's wording

In all contested divorce and paternity hearings, each party shall submit the following exhibits to the Court prior to the hearing, if applicable. 1.) A Child Support Guideline Worksheet. 2.) A calculation of the child support arrearage. 3.) The Financial Declaration Form mentioned in LR 40-FL02-13 4.) The parties’ proposed distribution of marital assets and debts.

jennings-local-rules · Jan 2026 · p. 12
|SectionEXHIBIT REQUIREMENT FOR CONTESTED DIVORCE AND PATERNITY HEARINGS
Filing RequirementsMandatory

Counsel and parties may not copy or distribute juror questionnaires, and must return them to the court at the conclusion of trial.

Court's wording

Juror questionnaires shall be handled in accordance with Jury Rule 10 and Indiana Administrative Rule 9(G)(1)(b)(xii). Thus, juror questionnaires may not be recopied, duplicated, or distributed by counsel or the parties, and shall be returned to the court at the conclusion of the trial in order to safeguard juror privacy.

Filing RequirementsMandatory

Ex parte or emergency child-custody and minor-child guardianship motions or petitions must be sworn, verified, notarized, signed, and include the specified information and any applicable custody order.

Court's wording

Whether in the context of a dissolution of marriage, paternity, guardianship, or any other proceeding, where one is seeking ex parte or emergency custody of a child or ex parte emergency guardianship of a minor child, the following minimum information will be required in the Jennings Circuit Court and the Jennings Superior Court: 1.) A sworn, verified, and notarized motion or petition signed by the person seeking relief. 2.) The full name and physical and mailing address of the petitioner or movant, and their relationship to the child or children for whom they are seeking custody or guardianship. 3.) The full name, date of birth, and age of the child or children for whom custody or guardianship is being sought. 4.) The length of time the child or children have been in the petitioner’s or movant’s physical custody, and a brief description of the circumstances as to how such physical custody occurred. If the child or children are in another’s physical custody, the same information is required, including that person’s relationship to the child or children. 5.) The name and physical and mailing address of every other person who has legal or physical custody of the child or claims such right, including, but not limited to, the biological mother, biological father, or putative father(s). If it is claimed that an address is unknown, then the Court shall be advised what efforts have been undertaken to locate said person and their last known physical and mailing address. 6.) If any other interested party is represented by counsel, or known to have counsel, what efforts have been undertaken to advise other counsel of the pending ex parte request and other counsel’s response. 7.) A complete copy of the most recent custody order in effect, if any. 8.) A statement whether the person seeking emergency or ex parte custody of guardianship has had their visitation or custodial rights to any of said child or children limited, restricted, or suspended in any way by prior court order. 9.) The existence of any pending C.H.I.N.S. proceeding or other involvement by a child welfare agency, and whether custody proceedings or guardianship proceedings regarding the child or children are pending in or have been filed in

jennings-local-rules · Jan 2026 · p. 14
|SectionPROTOCOL FOR EX PARTE OR EMERGENCY CUSTODY ORDERS OR EX PARTE GUARDIANSHIPS OF MINOR CHILDREN
Filing RequirementsMandatory

The medical-release motion must include a dated and signed provider statement with specified visit information and a proposed order.

Document
Motion

Must include

  • Proposed order

Court's wording

Any person otherwise eligible must file a written motion directly with the appropriate court at least seven (7) business days prior to the scheduled appointment date, and have attached to the motion a statement on the medical provider’s letterhead, dated and signed, briefly describing the underlying condition, the reason for the visit and when it was scheduled and the date, time and place of the visit along with a proposed order.

jennings-local-rules · Jan 2026 · p. 15
|SectionLR 40-CR01-18 - MEDICAL RELEASE FROM THE JENNINGS COUNTY JAIL
Filing RequirementsMandatory

Any individual incarcerated in the Jennings County Jail may be granted funeral leave, but only if the deceased person is the lawful spouse, child, parent, sibling, or grandparent of the incarcerated individual, and then only upon written, verified motion filed with the applicable court indicating the day, time, and place of the viewing and funeral. Funeral leave remains at the discretion of the trial court judge.

jennings-local-rules · Jan 2026 · p. 15
|SectionLR 40-CR02-19 - FUNERAL LEAVE FROM THE JENNINGS COUNTY JAIL
Filing RequirementsMandatory

At the time of removal, a detailed receipt shall be given to the Court by the party receiving and removing the evidence, and the receipt shall be made a part of the Court’s file.

jennings-local-rules · Jan 2026 · p. 21
|SectionEVIDENCE RETENTION, HANDLING, AND DESTRUCTION
Filing RequirementsMandatory

A party offering biologically contaminated evidence must file a pre-trial notice with the Court before trial.

Court's wording

A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties, so that the Court may consider the issue and rule appropriately before the jury trial.

jennings-local-rules · Jan 2026 · p. 21
|SectionEVIDENCE RETENTION, HANDLING, AND DESTRUCTION
Filing RequirementsImportant

Before the Court rules on a motion to correct error, any party may seek a hearing by filing a written hearing request and proposed scheduling order, but whether to hold a hearing is within the Court’s discretion.

Document
Motion to correct error

Must include

  • Proposed order

Court's wording

E.) MOTION TO CORRECT ERROR. At any time before the Court has ruled upon a Motion to Correct Error, any party may request a hearing on such Motion by filing a written motion requesting a hearing and a proposed order for the scheduling of a hearing date. It shall be discretionary with the Court whether a hearing shall be held on such Motion to Correct Error.

jennings-local-rules · Jan 2026 · p. 4
|SectionLR 40-TR7-01 - MOTIONS
Filing RequirementsImportant

Such efforts and their results should be clearly stated in the Motion to Compel.

jennings-local-rules · Jan 2026 · p. 6
|SectionLR 40-TR26-01 – DISCOVERY REQUESTS
Filing RequirementsImportant

The Court may require either party to supplement such Financial Declaration with appraisals, bank records, and other evidence to support the values set out therein.

jennings-local-rules · Jan 2026 · p. 11
|SectionD. Supporting Documents
Filing RequirementsNote

An attorney may use a Notice of Motion and Order instead of subsection C’s hearing-request procedure for routine matters such as those listed.

Court's wording

D.) NOTICE OF MOTION AND ORDER. In lieu of the requirement of subsection C of this rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a motion for continuance, motion to amend pleading, motion to shorten time, motion to add parties, motion to compel discovery, and the like.

jennings-local-rules · Jan 2026 · p. 4
|SectionLR 40-TR7-01 - MOTIONS

Filing & Service rules

Electronic Filing Rules

The proposed findings and conclusions shall be submitted to the Court on a computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.

The proposed findings and conclusions shall be submitted to the Court on a computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.

Page 6 | LR 40-TR52-01 - FINDINGS OF FACT

Pleadings and correspondence may not be filed by fax; fax filings sent to the Court or Clerk will be discarded.

Facsimile filings of pleadings or correspondence are not accepted by the Circuit or Superior Court and shall be discarded if sent to either the Court or the Clerk.

Page 7 | LR 40-AR12-05 - FACSIMILE FILINGS

Filing Timing and Cure Windows

In the specified proceedings involving minor children, both parents must complete the Parenting Power program or a Court-approved equivalent within 60 days after the petition is filed and file a completion certificate.

In any dissolution of marriage, paternity, or legal separation proceeding where there remain minor children born of the marriage or relationship, both the father and mother shall complete the Parenting Power program or equivalent program approved by the Court within sixty (60) days after the filing of the petition and file with the Court a certificate of completion.

Page 9 | PARENTING POWER PROGRAM

An otherwise eligible person must file a written motion at least seven business days before the appointment date.

Any person otherwise eligible must file a written motion directly with the appropriate court at least seven (7) business days prior to the scheduled appointment date, and have attached to the motion a statement on the medical provider’s letterhead, dated and signed, briefly describing the underlying condition, the reason for the visit and when it was scheduled and the date, time and place of the visit along with a proposed order.

Page 15 | LR 40-CR01-18 - MEDICAL RELEASE FROM THE JENNINGS COUNTY JAIL

Service and Proof of Service Rules

An attorney withdrawing from a case must serve the motion on all counsel and parties of record and on the client.

An attorney withdrawing from a case shall serve the motion on all counsel and parties of record and the client.

Page 8 | LR 40-TR53.5-07 - WITHDRAWAL

A person filing a pleading that requires service must designate the manner of service.

It shall be the duty of every person filing a pleading that requires service to clearly designate the manner of service, e.g., certified mail or sheriff.

Page 9 | SERVICE OF PROCESS

For service by certified mail, the filer must give the Clerk a completed return card and receipt with the cause number on the card.

If service is to be by certified mail, the person shall tender to the Clerk a completed certified mail return card and receipt with the cause number typed or printed on the mail return card.

Page 9 | SERVICE OF PROCESS

In the specified family-law matters, the moving party must prepare and serve a Financial Declaration Form within 30 days after filing the action.

A. Requirement In all relevant family law matters, including dissolutions, legal separations, paternity, and post decree support or maintenance proceedings, the moving party shall prepare and serve a Financial Declaration Form on the opposing party or their counsel within thirty (30) days of the date of the filing of the action.

Page 10 | SUBMISSION OF FINANCIAL DECLARATION FORM

The responding party must prepare and serve a Financial Declaration Form within 20 days after receiving service of the moving party’s declaration.

The responding party shall prepare and serve a Financial Declaration Form within twenty (20) days after receipt of service of the moving party’s declaration.

Page 10 | SUBMISSION OF FINANCIAL DECLARATION FORM

A party offering biologically contaminated evidence must serve the pre-trial notice on all parties before trial.

A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties, so that the Court may consider the issue and rule appropriately before the jury trial.

Page 21 | EVIDENCE RETENTION, HANDLING, AND DESTRUCTION

As required by the Trial Rules, requests for discovery shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.

As required by the Trial Rules, requests for discovery shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.

Page 5 | LR 40-TR26-01 – DISCOVERY REQUESTS

A request for certified-mail, return-receipt service after the initial filing must include sufficient postage.

If service by certified mail, return receipt requested is requested after the initial filing of a lawsuit or claim, sufficient postage must be provided.

Page 9 | SERVICE OF PROCESS

B. Exceptions The Financial Declaration Form need not be exchanged if: 1.) the parties agree in writing to waive exchange. 2.) the parties have executed a written agreement which settles all financial issues; 3.) the proceeding is one in which the service is by publication and there is no response; 4.) the proceeding is post-decree and concerns issues without financial implications. Provided, however, when the proceeding is post-decree and concerns only an arrearage, the alleged delinquent party shall complete the

B. Exceptions The Financial Declaration Form need not be exchanged if: 1.) the parties agree in writing to waive exchange. 2.) the parties have executed a written agreement which settles all financial issues; 3.) the proceeding is one in which the service is by publication and there is no response; 4.) the proceeding is post-decree and concerns issues without financial implications. Provided, however, when the proceeding is post-decree and concerns only an arrearage, the alleged delinquent party shall complete the

Page 10 | SUBMISSION OF FINANCIAL DECLARATION FORM

Filing Fees and Waivers

A felon must pay a $100 administration fee and a misdemeanant a $50 administration fee upon entering the program and signing the participant agreement.

$100.00 felon/$50.00 misdemeanant administration fee, due at the time of entrance into the program (at the signing of the participant agreement);

Page 3 | LR 40-CR2.2-2 - PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

A monthly user fee of no more than $50 begins in the participant’s second month and continues each month for the duration of participation.

A monthly user fee not to exceed $50, commencing in the second month of participation and for each month thereafter for the duration of participation in the problem-solving court.

Page 3 | LR 40-CR2.2-2 - PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

Participants must pay all user fees before successful discharge unless the case plan or Court specifies otherwise.

Participants must pay all user fees in full prior to successful discharge from the program unless otherwise specified in the case plan or by the Court.

Page 4 | LR 40-CR2.2-2 - PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

A non-indigent defendant who owes court costs, a fine, or a civil penalty and does not pay in full by the later applicable deadline must pay an additional $25 late-payment fee, collected by the Clerk.

(1) Any defendant found to have: (a) been convicted of a crime; (b) found liable for an infraction; (c) found liable for violation of an ordinance of a municipal corporation; or (d) adjudicated for a delinquent act; and (2) The defendant is required to pay: (a) court costs, including fees; (b) a fine; or (c) a civil penalty; and (3) The defendant is not determined by the Court imposing the court costs, fine or civil penalty to be indigent; and (4) The defendant fails to pay to the Clerk the costs, fine, or civil penalty in full before the later of the following: (a) The end of the business day on which the Court enters the conviction or judgment or designates as the day for payment; or (b) The end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties under the rules adopted for the operation of the Court; then The defendant shall pay an additional $25.00 fee pursuant to IC 33-37-5-22, and the Clerk of the Court shall collect the late payment fee.

Page 18 | LR 40-CR00-22 - LATE PAYMENTS – ADDITIONAL FEE

Judges of Jennings County Problem-Solving Courts may impose fees for necessary and appropriate intervention services, including the listed services.

Pursuant to the Judicial Conference of Indiana Problem-Solving Court Rules, Section 16, adopted June 16, 2011, and amended with an effective date of April 1, 2018, the Judges of Jennings County Problem-Solving Courts may impose a range of fees for necessary and appropriate intervention services, including but not limited to the following: 1.) Screening for treatment eligibility and other appropriate services; 2.) Assessment; 3.) Education; 4.) Referral to services; and Service coordination and case management.

Page 3 | LR 40-CR2.2-2 - PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

Sealing & Redaction Procedures

5. Regardless, if a case is transferred, the confidential information should be protected as always and NOT placed in either public file.

5. Regardless, if a case is transferred, the confidential information should be protected as always and NOT placed in either public file.

Page 14 | PROTOCOL FOR PROTECTIVE ORDER FILINGS

Pre-Motion Conference Requirements

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel. An adverse party shall have fifteen [15] days after service of the movant's brief to file an answer brief, and the movant shall have seven [7] days after service to file a reply brief.

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel. An adverse party shall have fifteen [15] days after service of the movant's brief to file an answer brief, and the movant shall have seven [7] days after service to file a reply brief.

Page 5 | MOTIONS

The Court strictly enforces Trial Rule 26(F) and may deny a discovery motion under Trial Rules 27–37 if the moving party has not fully complied.

The informal resolution requirement of Trial Rule 26(F) shall be strictly enforced. The Court may deny any discovery motion filed pursuant to Trial Rule 27-37, if the moving party has not complied fully with Trial Rule 26(F).

Page 6 | LR 40-TR26-01 – DISCOVERY REQUESTS

Before moving to compel discovery, seek sanctions, or seek protection against discovery, counsel must make a good-faith effort, including personal consultation, to resolve the dispute.

To promote the orderly and expeditious handling of cases to trial readiness, counsel shall attempt in good faith to resolve all disagreements between or among themselves concerning the necessity for and scope of discovery, the necessity to seek sanctions, and protection against discovery under Trial Rule 26 through Trial Rule 37. After personal consultation and good faith attempts to resolve differences as to the foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek protection against discovery as aforesaid.

Page 6 | LR 40-TR26-01 – DISCOVERY REQUESTS

If opposing counsel does not respond within seven days after at least one email and one telephone call seeking a discovery dispute conference, reasonable efforts are presumed made and a motion to compel may be filed.

If an attorney sends at least one (1) email and makes at least one (1) telephone call seeking a discovery dispute conference, but opposing counsel does not respond within seven (7) days from the last attempt, it shall be presumed that reasonable efforts have been made and a Motion to Compel may be filed.

Page 6 | LR 40-TR26-01 – DISCOVERY REQUESTS

Adjournment & Extension Requirements

An initial motion for enlargement of time is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

F.) HEARING NOT REQUIRED. At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing on such motion should be scheduled. 1.) Motion for Enlargement of Time [initial request]

Page 5 | MOTIONS

A joint motion for continuance is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

F.) HEARING NOT REQUIRED. At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing on such motion should be scheduled. 5.) Joint Motion for Continuance

Page 5 | MOTIONS

Continuance requests must be made as soon as the reason is discovered or should have been discovered; except in an emergency or in open court, the written motion must be on file at least 10 days before the scheduled matter unless accompanied by an affidavit that the reason arose within that 10-day period, and exceptions may be granted for matters scheduled with less than 10 days’ notice.

A.) All requests for continuances shall be made as soon as the reason therefore has been discovered or should have been discovered. All motions shall, except in the event of an emergency or in open Court, be in writing and on file with the Court no later than ten (10) days prior to the scheduled matter unless the motion is accompanied by an affidavit that the reasons for the continuance have occurred within the ten (10) day period. Exceptions may be granted for matters scheduled with less than ten (10) days’ notice.

Page 7 | LR 40-TR53.5-06 - CONTINUANCES

A continuance motion must state the reason, counsel’s contact with opposing counsel and the opposing counsel’s response, and include sufficient copies of a rescheduling order; agreement does not ensure the motion will be granted, and merely saying opposing counsel was contacted without giving the response is insufficient.

B.) Each motion shall contain the reason for the requested continuance, that counsel has contacted opposing counsel and opposing counsel’s response to the request, and shall be accompanied by sufficient copies of an order which will allow the Court to notify all parties of rescheduling the matter. Agreement of counsel does not necessarily mean the motion will be granted. Advising the Court, opposing counsel has been contacted, with no indication of their reply is not sufficient.

Page 8 | LR 40-TR53.5-06 - CONTINUANCES

The Court may require the requesting party, in addition to counsel, to sign a written continuance motion and may require service on parties, attorneys, and, in a criminal case, the victim or the victim’s family.

C.) The Court may require any written motion for continuance to be signed by the party requesting the continuance in addition to his or her counsel and may require the motions to be served on the parties as well as the attorneys and on the victim or the victim’s family in a criminal case.

Page 8 | LR 40-TR53.5-06 - CONTINUANCES

Unless an order states otherwise, a continuance delay is attributed to the moving party and excluded from the Criminal Rule 4 time period for the stated reasons.

In the absence of language stating otherwise, for any Order on Motion for Continuance issued by the Court, all delays shall be attributed to the moving party, and said delay is excluded from the Criminal Rule 4 time period due to the act of the defendant, court congestion, or emergency.

Page 8 | LR 40-TR53.5-06 - CONTINUANCES

The Financial Declaration Form deadlines may be changed by court order, for good cause shown after motion, or by a written agreement filed with the Court.

These time limits may be amended by court order or good cause shown after motion or by written agreement of the parties filed with the Court.

Page 10 | SUBMISSION OF FINANCIAL DECLARATION FORM

Chambers Communication Rules

Telephone calls from debtors or their attorneys do not stay proceedings.

Telephone calls from debtors or debtors’ attorneys will not serve to stay proceedings.

Page 8 | LR 40-TR3.1-08 - BANKRUPTCY

If a later dissolution, paternity, or legal-separation case follows a protective-order filing, the petitioner should be advised to consult their lawyer or, if self-represented, inform the Superior Court Judge’s office.

6. If a “PO” case is filed first and then a dissolution, paternity, or legal separation proceeding is filed afterward and you know that or the Petitioner tells you that, they should be advised to speak with their dissolution, paternity, or legal separation lawyer and if pro se, to inform the Superior Court Judge’s office as he would have both the “PO” case and the pro se dissolution.

Page 14 | PROTOCOL FOR PROTECTIVE ORDER FILINGS

Common questions about Jennings County Courts, Indiana rules

Does Jennings County Courts, Indiana require a pre-motion conference or letter before filing a motion?

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel. An adverse party shall have fifteen [15] days after service of the movant's brief to file an answer brief, and the movant shall have seven [7] days after service to file a reply brief.

View ruleSource: page 5, section MOTIONS

What formatting rules apply to filings in Jennings County Courts, Indiana?

Jennings County Courts, Indiana's formatting rule includes discovery matters must utilize digital format.. Parties must use digital format for discovery matters, including interrogatories, production requests, admission requests, and other discovery requests.

View ruleSource: page 5, section LR 40-TR26-01 – DISCOVERY REQUESTS

What must be included with chronological case summary entry order or judgment filings in Jennings County Courts, Indiana?

Chronological case summary entries, orders, and judgments must include a distribution list with each recipient’s name and mailing address in the lower left-hand corner of the signature page.

View ruleSource: page 7, section LR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE

What must be included with motion or application filings in Jennings County Courts, Indiana?

The rule requires proposed order. Motions or applications for the listed matters must be accompanied by proposed orders.

View ruleSource: page 4, section LR 40-TR7-01 - MOTIONS

How may parties contact Jennings County Courts, Indiana?

Telephone calls from debtors or their attorneys do not stay proceedings.

View ruleSource: page 8, section LR 40-TR3.1-08 - BANKRUPTCY

How does Jennings County Courts, Indiana handle sealed or redacted filings?

5. Regardless, if a case is transferred, the confidential information should be protected as always and NOT placed in either public file.

View ruleSource: page 14, section PROTOCOL FOR PROTECTIVE ORDER FILINGS

How do I request an adjournment or extension in Jennings County Courts, Indiana?

An initial motion for enlargement of time is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

View ruleSource: page 5, section MOTIONS

Are filing fees or waivers addressed in Jennings County Courts, Indiana?

A fee is required for covered filings. A felon must pay a $100 administration fee and a misdemeanant a $50 administration fee upon entering the program and signing the participant agreement.

View ruleSource: page 3, section LR 40-CR2.2-2 - PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

Is electronic filing required in Jennings County Courts, Indiana?

Electronic filing is permitted for the covered filings. The proposed findings and conclusions shall be submitted to the Court on a computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.

View ruleSource: page 6, section LR 40-TR52-01 - FINDINGS OF FACT

What filing deadlines does Jennings County Courts, Indiana set?

In the specified proceedings involving minor children, both parents must complete the Parenting Power program or a Court-approved equivalent within 60 days after the petition is filed and file a completion certificate.

View ruleSource: page 9, section PARENTING POWER PROGRAM

What rule applies to serving all parties in Jennings County Courts, Indiana?

Details: recipient: all parties. An attorney withdrawing from a case must serve the motion on all counsel and parties of record and on the client.

View ruleSource: page 8, section LR 40-TR53.5-07 - WITHDRAWAL
Complete rules summary for Jennings County Courts, Indiana

Chronological case summary entries, orders, and judgments must include a distribution list with each recipient’s name and mailing address in the lower left-hand corner of the signature page.

Judges of Jennings County Problem-Solving Courts may impose fees for necessary and appropriate intervention services, including the listed services.

A felon must pay a $100 administration fee and a misdemeanant a $50 administration fee upon entering the program and signing the participant agreement.

Pleadings, motions, and orders must be printed on the front side of the paper only.

A monthly user fee of no more than $50 begins in the participant’s second month and continues each month for the duration of participation.

Participants must pay all user fees before successful discharge unless the case plan or Court specifies otherwise.

Motions must be in writing, except motions made during a recorded proceeding.

Motions or applications for the listed matters must be accompanied by proposed orders.

Motions must be accompanied by a hearing request and a proposed order scheduling a hearing, except for the stated categories of motions.

An attorney may use a Notice of Motion and Order instead of subsection C’s hearing-request procedure for routine matters such as those listed.

Before the Court rules on a motion to correct error, any party may seek a hearing by filing a written hearing request and proposed scheduling order, but whether to hold a hearing is within the Court’s discretion.

An initial motion for enlargement of time is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

A joint motion for continuance is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel. An adverse party shall have fifteen [15] days after service of the movant's brief to file an answer brief, and the movant shall have seven [7] days after service to file a reply brief.

Motions seeking relief under Trial Rules 12, 24, 42, and 60 must be accompanied by a brief and proof of service on opposing counsel.

After the briefing schedule expires, the motion’s proponent must file a written request to schedule a hearing.

A prosecutor’s motion to dismiss all charges or juvenile delinquency allegations resulting in expungement must include a proposed Order Pending Expungement specifying the response and expungement periods.

Upon expiration of the from the date of the dismissal, the proponent of the motion shall file an Order Granting Expungement or a written request to schedule the matter for hearing.

As required by the Trial Rules, requests for discovery shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.

Parties must use digital format for discovery matters, including interrogatories, production requests, admission requests, and other discovery requests.

Interrogatories to parties under Trial Rule 33 must be signed and dated by the propounding party.

Before moving to compel discovery, seek sanctions, or seek protection against discovery, counsel must make a good-faith effort, including personal consultation, to resolve the dispute.

A discovery motion following consultation must state the date, time, and place of the consultations and identify the participants.

Proposed orders and judgments must be submitted on pages separate from the motion.

The Court strictly enforces Trial Rule 26(F) and may deny a discovery motion under Trial Rules 27–37 if the moving party has not fully complied.

If opposing counsel does not respond within seven days after at least one email and one telephone call seeking a discovery dispute conference, reasonable efforts are presumed made and a motion to compel may be filed.

Such efforts and their results should be clearly stated in the Motion to Compel.

When Court findings of fact are requested or required, counsel must submit proposed findings stating the claimed established facts and conclusions of law.

The proposed findings and conclusions shall be submitted to the Court on a computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.

A party requesting a trial, hearing, or continuance must prepare and submit a scheduling order with the motion, sufficient copies, and pre-addressed, pre-stamped envelopes for the parties and counsel of record.

More Judges in Jennings County Courts, Indiana

Gary L. Smith
Judge
Murielle S. Webster Bright
Judge