Judge David A. Happe

Applies to

Written agreement

When the court agrees to a court reporter’s use of court resources for private practice, the parties must enter a written agreement specifying the market rate, recordkeeping method, and reimbursement method.

Applies to

Invoice

A transcript invoice must be accompanied by a copy of the transcript and the minute entry approving it.

Applies to

Certified transcript

The person who prepares a certified transcript from a recording must also certify that it is complete and accurate.

The parties must report the Notice of Pretrial to the court immediately following the conference.

The Notice of Pretrial Conference must be filed within 30 days after the petition; if it is not, the court will notify the parties that the action will be dismissed without prejudice in 10 days if no conference is conducted.

Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.

A party offering biologically contaminated evidence must serve all parties with the pretrial notice.

Service

Personal service to court

A pleading or motion filed less than five days before a scheduled hearing must be personally served on the presiding Judge.

When filing an expungement petition, the petitioner must direct service of a summons with the petition attached on the Madison County Prosecuting Attorney, except that the court issues the summons for petitions under Ind. Code 35-38-9-1.

If requested upon receipt of the Notice of Pretrial, the court shall grant the State additional time to answer or otherwise respond to the petition.

An initial written motion to enlarge time to respond to a claim is automatically allowed for 30 additional days without a written court order; extensions beyond 30 days require a showing of necessity, and the rule does not apply to small-claims matters.

Unless made in open court, a continuance motion must be written and provide the hearing or trial date and time, reason, opposing counsel’s or party’s position, notice details if the opponent does not consent, and specified information about any conflicting trial-calendar matter.