Judge P.J. Dietrick
Judge • Marion Superior Court
Court-wide rules
Applies court-wideMarion Superior Court publishes its filing requirements at the court level rather than per judge, so these 355 rules are what govern this courtroom.
Filing Requirements
All 183- Applies to
- Pleading petition or motion
- Must include
- proposed order
Every pleading, petition, and motion must be accompanied by a proposed order.
- Applies to
- Vids
The plaintiff's Verified Initial Disclosure Statement must be signed under oath.
- Applies to
- Notice of refile
A criminal case refiled after dismissal must be returned to the original court and accompanied by a Notice of Refile containing specified information about the prior case.
Filing Timing
All 56In all criminal cases, the defendant must file a Notice of Intended Witnesses & Exhibits within five days after receiving the State’s notice.
In all criminal cases, substantive motions without an otherwise-established deadline must be filed within 30 days after receipt of the Notice of Witnesses & Exhibits.
In all criminal cases, objections and responses to motions in limine must be filed within two days after receipt of the motion.
Service
All 49- Applies to
- Subpoena
- Service
- Personal service
A subpoena may be served on a law enforcement officer at the officer's workplace by leaving a copy with the department's supervising official, who must immediately deliver it to the officer; this method constitutes valid service on the officer.
Before withdrawal is permitted, the attorney must provide the client ten days’ written notice, file a copy with the court, and supply the party’s last known address, unless new counsel simultaneously enters an appearance.
- Applies to
- Motion
Serving the motion on the other parties constitutes notice of filing when notice is required.
Adjournments
All 22At least five days before a felony or misdemeanor setting, unless the presiding judge changes the deadline, a party must file a verified continuance motion stating the detailed reasons, hearing type, defendant custody status, opposing counsel's position, and three party-agreed suggested dates, with an accompanying written order; the request is deemed denied until granted.
A motion to waive an initial hearing when no later event is scheduled, or to add a new case event, must state the requested event type, provide suggested dates under the Trial Court's scheduling guidelines, and be filed with an accompanying written order at least five days before the current hearing date unless the presiding judge changes that deadline.
For in-custody defendants, a continuance ordinarily may not exceed 14 calendar days for Class D/Level 6 felony and misdemeanor cases or 30 calendar days for major felony cases unless good cause is shown.
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