Marion Superior Court Filing Timing and Cure Windows

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.

(f) Substantive Motions. Substantive motions for which deadlines are not otherwise established by statute or rule, including but not limited to Motions to Suppress, Indiana Rules of Evidence 404(b), and Indiana Rules of Evidence 702, are to be filed within 30 days after receipt of Notice of Witnesses & Exhibits for all criminal cases.

In all criminal cases, objections and responses to motions in limine must be filed within two days after receipt of the motion.

(h) Objections/Responses to Motion(s) in Limine. For all criminal cases, objections and responses to Motions in Limine must be filed within two (2) days after receiving said Motion in Limine.

In all criminal cases, proposed preliminary instructions must be filed no later than five days before trial.

(i) Proposed Preliminary Instructions. For all criminal cases, Proposed Preliminary Instructions must be filed no later than five (5) days before the trial date.

A withdrawal request ordinarily must be filed at least ten days before trial, although the court may permit a later request for good cause.

The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court at least ten days prior to trial date, except for good cause shown.

A party that has objected must file its response within 15 days after the motion is filed.

If the statement regarding the position of the opposing party(ies) required under subsection A herein indicates that objection to the granting of said motion may ensue, said objecting a party shall have 15 days from the date of filing to file a response to said motion.

The joint Case Management Order must be filed within ten days after the meeting.

Within ten (10) days after meeting those attending are to file a joint Case Management Order setting forth:

The all-counsel pre-trial stipulation must be submitted no later than five days before the pre-trial conference.

Counsel for the plaintiff shall see that a pre-trial stipulation is prepared, executed by counsel for all parties, and filed with the Court no later than five days prior to the pre-trial conference.

When the stipulation is not signed by all counsel, each counsel's proposed stipulation must be filed no later than five days before the pre-trial conference.

If for any reason the pre-trial stipulation is not executed by all counsel, each counsel shall file a proposed pre-trial stipulation not later than five days prior to the pre-trial conference with a statement why no agreement was reached.

The memorandum on unusual trial-law questions must be filed no later than five days before the pre-trial conference.

D. Memoranda of Law. Counsel shall file memoranda treating any unusual questions of law involved in the trial no later than five days prior to the pre-trial conference.

Proposed jury instructions are due to the Court seven days before trial.

Seven days prior to trial, counsel shall submit proposed jury instructions to the Court, with copies to all other counsel.

The deadline for submitting written objections to proposed jury instructions is on or before the first day of trial.

Written objections to proposed jury instructions shall be submitted to the Court on or before the first day of trial.

The new Complaint in a transferred small-claims case must be filed within 20 days after docketing unless the Court orders otherwise.

The new Complaint shall be filed within 20 days of the date the case is docketed and filed in the Marion Superior Court or as otherwise ordered by the Court.

A party may appeal a Marion County Small Claims Court judgment to Marion Superior Court within 60 days after entry of judgment.

Any party may appeal from the judgment of the Marion County Small Claims Court to the Marion Superior Court, within 60 days from its entry

For a small-claims appeal, the Small Claims Court Judge must certify and transmit the completed transcript and case papers to the Marion County Clerk within 20 days.

The Small Claims Court Judge shall certify a completed transcript of all the proceedings had before said Judge and transmit the same, together with all other papers in the cause, to the Marion County Clerk, within 20 days.

The appearance form is due upon the parties' first appearance, but requested information may be supplied later when it becomes available in an emergency.

Pursuant to Trial Rule 3.1, this form shall be filed upon the first appearance in the case. In emergencies, the requested information shall be supplied when it becomes available.

A permanent guardian must prepare and file the inventory and appraisement within 90 days of appointment, while a temporary guardian must do so within 30 days of appointment.

410.1 Inventory. An inventory and appraisement shall be prepared by the guardian and filed with the Court within ninety (90) days after appointment as permanent guardian or within thirty (30) days after appointment of temporary guardian.

Deadline

30 calendar days

A property guardian must file a verified accounting within 30 days after the second anniversary of appointment and every two years thereafter, although bank statements are not required for a nonfinal accounting unless the Court orders them.

411.5 Accountings in Guardianships. Within thirty (30) days after the second anniversary of his or her appointment as guardian of the property of a minor or incapacitated adult, and every two years thereafter, the guardian must file with the Court a verified accounting that complies with MSCPR 411.1 and 411.2, except that a guardian need not file bank account statements as support for an accounting other than a final accounting unless ordered to do so by the Court.

A financial institution certification that the properly restricted account was created must be filed within 30 days after the order authorizing the account.

3. Within thirty (30) days after the Order authorizing the creation of the account, a certification by a financial institution that a properly restricted account has been created in accordance with this MSCPR 413.8 shall be filed.

A personal representative must close the estate as promptly as possible and, absent good cause, must file the final account within one year of appointment.

415.1 Personal representatives shall comply with I.C. §29-1-16-2, which provides as follows: “Every personal representative shall close the estate as promptly as possible. Unless for good cause shown, the time for filing the final account in the estate shall not exceed one (1) year from the appointment of a personal representative.”

A closing statement for an unsupervised estate must be filed within one year after the estate is opened.

A closing statement shall be filed within one (1) year after opening an unsupervised estate.

A final account concerning wrongful-death proceeds must be filed within 30 days.

requiring that a final account as to the wrongful death proceeds be filed within thirty (30) days.

The trustee’s written notice must be filed no later than 15 days after receipt of the Petition to Docket Trust.

No later than fifteen (15) days after receipt of the Petition to Docket Trust, the Trustee shall file with the Court written notice

One copy of the guardian instructions form must be filed before the guardian appointment is confirmed.

One copy of this form must be filed with the Court before your appointment as guardian is confirmed by the Court.

A guardian of the person must file a report with the court at least every two years.

You must file a report with the Court at least every two years.

The guardian's attorney must file a verified current account of guardianship income and expenditures every two years after appointment.

Have your attorney file with the Court a verified current account of all the income and expenditures of the guardianship every two (2) years after your appointment

A copy of the instructions form must be filed with the Court before the court confirms the personal representative’s appointment.

One copy of this form must be filed with the Court before your appointment as personal representative is confirmed by the Court.

Within two months of appointment, the personal representative must file either a conforming inventory and promptly serve it on known heirs, beneficiaries, or distributees, or a verified certification stating that the inventory was prepared and notice of its availability was promptly served.

Within two (2) months of your appointment you must either: A. file with the Court an inventory conforming with the requirements of I.C. 29-1-7.5- 3.2 (b) and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate, or, B. file with the Court a verified certification that an inventory conforming with the requirements of I.C. 29-1-7.5-3.2 has been prepared, that it is available to be furnished to distributees on request and that notice of preparation of the inventory and its availability has been forthwith served on all known heirs, beneficiaries or distributees.

Deadline

10 calendar days

When a settlement agreement is entered orally on the record, counsel must submit an order setting it forth for court approval within ten days or any additional time the court allows.

If the agreement is entered orally on the record, counsel shall submit an order setting forth the agreement for approval by the court within ten (10) days or such additional time as the court may allow.

The joint case management order must be submitted at least 60 days before the hearing unless the parties request and receive an extension.

The joint case management order shall be submitted at least 60 days prior to the hearing, unless an extension is granted after request by the parties.

A defendant has five days, including days when the court is closed, after the plaintiff's enlargement motion is filed to object.

Defendants shall have five days, including days when the Court is not open, after the filing of plaintiffs’ motion to file an objection.

A party objecting to a motion generally must respond within 10 days after filing, subject to specified exceptions.

Notwithstanding LR49-TR5-203, any party objecting to a motion shall have 10 days from the date of filing to file a response, except for motions filed pursuant to Indiana Trial Rule 41, or as otherwise provided by Mass Tort Local Rule or Court order.

A party seeking to join a filed motion must file a notice of joinder within seven days after the motion is filed.

Any party wishing to join in a filed motion shall file a notice of joinder within seven days of the filing of the motion.

A scheduled summary-judgment hearing will be vacated unless a hearing request is filed under Indiana Trial Rule 56(C) at least 10 days before the hearing date.

This scheduled hearing will be vacated, unless a party files a request for hearing in accordance with Ind. T.R. 56(C) at least 10 days before the scheduled summary judgment hearing date.

A party seeking to address a pending motion or general issue must file a written proposed-agenda notice on the Master Docket at least seven days before the scheduled motion day or status conference.

Any party that wishes to address any pending motion or general issue at status conferences or on monthly motion days must submit a written notice containing proposed agenda items. Proposed agendas must be filed on the Master Docket no less than 7 days prior to the scheduled motion days or status conference.

The Court will consider only fully briefed motions that are at issue at least seven days before the hearing, absent leave of court.

B. Motions Must Be Fully Briefed. Only motions that are fully briefed and at issue at least seven days before the hearing will be considered by the Court, absent leave of court.

A defendant’s obligation to respond is not triggered until the later of 30 days after the plaintiff files the Verified Initial Disclosure Statement or 30 days after service of summons.

A. Time for filing. The obligation of defendants to respond to a Plaintiff’s Complaint is not triggered until 30 days after Plaintiff files a Verified Initial Disclosure Statement or 30 days after the defendant is served with summons in the case, whichever time is later.

Defendants may not file Rule 12 motions or other responsive pleadings until the plaintiff’s VIDS filing period has expired.

No T.R. 12 motions or other responsive pleadings may be filed until the time for Plaintiff to file his Verified Initial Disclosure Statement (“VIDS”) has expired.

Defendants must file Expert Witness Lists 120 days before trial or 30 days after Plaintiffs’ Rule 711(G)(4)(D) compliance, whichever is later.

E. 120 days before trial, or 30 days after Plaintiffs have complied with the disclosure requirements of Rule 711(G)(4)(D), whichever date is later, Defendants shall file their Expert Witness Lists identifying those expert witnesses from whom Defendants may offer testimony at trial or in connection with any dispositive motions.

Defendants must file their Final Witness and Exhibit Lists 60 days before trial or 30 days after Plaintiffs file theirs, whichever is later.

H. 60 days before trial, or 30 days after Plaintiffs have filed their Final Witness and Exhibit Lists pursuant to Rule 711(G)(4)(F), whichever date is later, Defendants shall file their Final Witness and Exhibit Lists.

Motions for summary judgment must be filed 150 days before trial and comply with Rule 610.

A. Motions for summary judgment shall be filed 150 days before trial and comply with Rule 610.

Parties must file all motions in limine challenging expert qualifications or opinions under Indiana Rule of Evidence 702 no later than 28 days before trial.

Not later than 28 days before the trial date, the parties shall file all motions in limine to limit, exclude or challenge the qualifications or opinions of any expert witness under Indiana Rules of Evidence 702

A motion for change of venue or correction of venue must be filed within ten days after service of the Notice of Claim, or venue objections are waived.

Motions for Change of Venue and Motions to Correct Venue shall be filed within ten (10) days of the service of the Notice of Claim or objections to venue will be deemed waived.

A jury-trial demand must be filed no fewer than ten days after the first setting of the initial hearing.

A demand for trial by jury must be filed with the Court no fewer than ten (10) days after the first setting of the initial hearing.

In all criminal cases, the defendant must file a Notice of Intended Witnesses & Exhibits within five days after receiving the State’s notice.

(d) Defendant’s Notice of Intended Witnesses & Exhibits. In all criminal cases, the defendant is to file a Notice of Intended Witnesses & Exhibits within five (5) days after receipt of the State’s Notice of Intended Witnesses & Exhibits.

Parties must notify the court when previously provided information changes.

Parties shall advise the court of change in information previously provided to the court.

The defendant’s settlement conference attendance confirmation must be filed with the court within 15 days after receiving the Notice and Order for Settlement Conference.

This Confirmation is to be filed with the Court within fifteen (15) days of receiving the Notice and Order for Settlement Conference from this Court.

Good cause for not closing a supervised estate within one year may be shown by filing an intermediate account within 30 days after the one-year period expires.

415.2 Good cause for not closing a supervised estate within one (1) year may be shown by filing an intermediate account within thirty (30) days after the expiration of one (1) year.

The court may amend the Financial Declaration Form filing time limits for good cause shown.

These time limits may be amended by court order for good cause shown.

The movant or another interested party may file a reply within seven days after the responsive filing.

The party filing the motion or any other interested party in the case may file a reply thereto within seven days of the responsive filing.

The Court may rule without awaiting a response to a defendant's motion to enlarge time, file an oversize brief, or withdraw an appearance.

The Court will not await a response before ruling on the following motions: defendants’ motions to enlarge time, to file an oversize brief, or to withdraw an appearance.

A party has 30 days after the court grants a T.R. 12(B) motion to replead.

A party shall have 30 days following the grant of a T.R. 12(B) motion within which to replead.

Filing a motion under T.R. 12 tolls the filing party's pending discovery deadlines.

The filing of a motion under T.R. 12 tolls pending discovery deadlines for the filing party.

A party opposing a summary-judgment motion must file its response 30 days after service of the motion.

30 days after service of the motion, a party opposing the motion shall file:

A summary-judgment reply brief must be filed within 10 days after service of the opposing party’s submissions.

C. Reply Brief. A party filing a motion for summary judgment may file a reply brief, not to exceed 8 pages in length, 10 days after service of the opposing party’s submissions.

A permitted surreply brief is due within five days after service of the reply brief and is limited to newly cited evidence and evidentiary objections.

D. Surreply. If, in reply, the moving party relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief, not to exceed 8 pages in length, limited to such new evidence and objections, five days after service of the reply brief.

The court accepts pleadings and conducts other business from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding recognized Circuit Court holidays, although additional sessions may be arranged outside regular hours.

The Court shall be open to accept pleadings and conduct any other business during “regular office hours” of 8:30 a.m. to 4:30 p.m. Monday through Friday of each week, except for holidays as recognized by the Circuit Court. For the convenience of the public, the Court may also arrange for sessions outside regular office hours.