Marshall County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A continuance motion must be filed as soon as its cause is discovered and no later than 10 days before a bench trial, unless an affidavit shows the reason arose within that 10-day period.
- Small-claims continuances are discretionary and generally cannot be granted less than 3 days before trial, subject to party-and-court concurrence or a timely affidavit establishing illness- or injury-related physical impossibility, accompanied by a physician’s statement.
Document Filing Requirements39 rules
Unrepresented litigants and attorneys for a party shall first file a formal written Appearance.
Counsel seeking to withdraw must file a motion for leave with a proposed order and comply with the Indiana Rules of Professional Conduct and Trial Procedure.
- Document
- Withdrawal of appearance motion
Must include
- •Proposed order
Court's wording
Counsel desiring to withdraw their Appearance in any cause shall file a motion requesting leave to do so. A proposed order shall be submitted along with said motion. All withdrawals of Appearance shall comply fully with the Ind. Rules of Professional Conduct and the Ind. Rules of Trial Procedure.
Every appearance or pleading filed shall clearly identify the name, address, email address, and telephone number of the attorney or unrepresented litigant filing..
Motions for more definite statement and to strike shall be accompanied by a brief or memorandum on the facts and law relevant to the cause.
All requests for extensions of time for filing briefs or memoranda, whether written or oral, shall be accompanied by a proposed order.
- Document
- Extension request
Must include
- •Proposed order
Motions, such as motions to dismiss, for judgment on the pleadings, and for summary judgment, shall be accompanied by a brief or memorandum containing both the facts and the law needed to decide the matter.
Objections to discovery must be specific and not boilerplate.
Discovery answers and objections must reproduce the request immediately before the response, and objections must cite legal authority if any.
Court's wording
Answers or objections to requests for production, interrogatories, or requests for admissions shall set forth in full the interrogatory or request being answered or objected to immediately preceding the answer or objection. Objections shall be accompanied by citation of legal authority, if any.
When special findings are required, counsel must submit proposed findings containing all facts counsel claims were proved and the conclusions of law.
Court's wording
Counsel shall submit proposed special findings of facts and conclusions of law in all cases where the Court is required to make special findings. The proposed findings shall contain all the facts which counsel claims to have been proved and the conclusions of law thereon.
All motions for continuance must be accompanied by a proposed order stating the amount of time reserved and providing appropriate blanks for the Court to reset the matter.
- Document
- Motion for continuance
Must include
- •Proposed order
A physician’s statement must accompany the affidavit.
however, if an appearance is filed, to withdraw, the deputy prosecuting attorney must file a notice of withdrawal of appearance.
The prosecuting attorney must provide the clerk with the specified attorney, case, arrest-report, fingerprint-transaction, and state-identification information.
Court's wording
The prosecuting attorney is responsible for providing the following information to the clerk: (a) the name, address, attorney number, telephone number, and electronic mail address of the prosecuting attorney; (b) the case type of the proceeding [Administrative Rule 8(B)(3)]; (c) the number of any arrest report relating to the factual basis underlying the criminal proceeding; and (d) the transaction control number associated with the fingerprints submitted by the arresting agency and the state identification number assigned to the defendant by the Indiana State Police Central Records repository, if the defendant has been arrested and processed at the jail.
When first appearing for a defendant, defense counsel must file an appearance form containing counsel's specified contact and attorney information and the case number.
- Document
- Appearance
Must include
- •Case number
Court's wording
When an attorney for the defendant first appears in the criminal proceeding, the defense attorney must file an appearance form setting forth the following information: (1) the name, address, attorney number, telephone number, and electronic mail address of the attorney representing the defendant; and (2) the case number assigned to the criminal proceeding.
Any special or senior prosecuting attorney appointed to replace the elected prosecuting attorney must provide the information set out in section (A)(1) to the clerk.
If information required by this rule is not yet available, the information must be submitted to the clerk and supplemented when the absent information is acquired.
Counsel desiring to withdraw their Appearance shall file a petition requesting leave to do so. The Petition shall set forth satisfactory evidence that written notice of the petition was served to the client at least ten (10) days prior to the filing of the petition with the court.
A self-represented defendant must file an appearance form that includes the defendant’s name, address, telephone number, and e-mail address on a form as provided.
At the time of removal, the party shall give a detailed receipt to the Court Reporter which shall be filed in the cause.
A schedule for the submission of proposed preliminary instructions, proposed final instructions and motions in limine shall be incorporated into the Court’s Order scheduling trial.
Proposed jury instructions submitted by a party shall be filed with the Court and electronically mailed to a designated employee of the Court with an attached editable document containing the proposed instruction.
When requested by a Court to draft an order to reflect a court ruling the lawyer shall draft an order that accurately and completely reflects the court’s ruling. It shall be promptly prepared and submitted to the other counsel before the draft order is presented to the court.
When a party is represented by counsel, a motion for final hearing on a disputed family law matter must include the listed case, scheduling, discovery, asset and debt, child support, mediation, signature, and compliance information and attachments.
Court's wording
(B) When a party is represented by counsel, any motion for a final hearing on a disputed family law matter must contain the following: (1) A detailed statement of the issues to be tried; (2) The time required to be reserved for the hearing; (3) The proposed date and time the hearing is to be scheduled along with a statement that the date and time was approved by Court staff and approved by opposing counsel or approved by the opposing unrepresented party. (4) An affirmative representation that: (a) all exhibits have been exchanged prior to filing this motion; (b) there are no outstanding discovery disputes; (c) that counsel has diligently conducted all desired discovery or that counsel intentionally did not conduct discovery; (d) all work or reports to be taken into consideration by the Court of any custody evaluator; guardian ad litem, or expert are complete and in each parties’ possession; and (e) counsel is prepared to try the case. (5) A statement whether the parties have assets and debts to divide. If so – the parties must attach a joint asset and debt list or individual asset or debt lists if parties are in disagreement. All assets and debts must have values assigned and must identify which party is to be assigned the debt or asset. Any equalization calculations must be filed at this time. (6) A statement whether child support is in dispute. When child support is being sought a child support work sheet must be attached to the motion for final hearing and if the parties dispute the amount to be paid each party must file a child support worksheet with the motion for the hearing. (7) A statement whether or not the parties have completed mediation. (8) Contain the signature of all attorneys of record indicating that a final hearing is ready for the docket. (9) If needed a detailed explanation as to why any part LR50-FL00-MLR-021(C) could not be complied with in its entirety.
(C) When a party is represented by counsel, any motion for a hearing on a disputed family law matter that will take more than one (1) hour must contain the following: (1) A detailed statement of the issues to be tried;
if the parties dispute the amount to be paid each individual party must file a child support worksheet with the motion for the hearing.
When child support is being sought a child support work sheet must be attached to the motion for the hearing
Prior to scheduling any hearing on guardianship parties must complete and file the Court’s form titled Instruction for Guardian located in Appendix Ex.2, a proposed order, and proposed oath of guardian.
- Document
- Guardianship hearing
Must include
- •Proposed order
Prior to being released, individuals booked in for a violent crime, the arrestee must sign a No Contact Order protecting the alleged victim if one exists, in accordance with I.C. § 35-33-8-3.6.
The Motion shall list the reasons the Marshall County Prosecutor's Office believes would deem the individual a flight risk or a harm to the community. The filing shall be submitted directly to the assigned court.
A withdrawal of Appearance when accompanied by the Appearance of other counsel shall constitute compliance with the requirements of Paragraph (B)(1) of this rule.
Any pleading or motion not signed as required by the Indiana Trial Rules of Procedure shall be deemed defective and may be stricken from the record.
The time of hearing motions shall be fixed by the Court. Dates of hearing shall not be specified in the notice hearing of the motion unless prior authorization is obtained from the Judge or employee of the Court.
(6) If needed a detailed explanation as to why any part LR50-FL00-MLR-021(C) could not be complied with in its entirety.
(5) A statement whether child support is in dispute.
(2) The time required to be reserved for the hearing;
(3) The proposed date and time the hearing is to be scheduled along with a statement that the date and time was approved by court staff and approved by opposing counsel or approved by the opposing unrepresented party.
(4) An affirmative representation that all exhibits will be exchanged ten (10) days prior to the hearing;
A witness or party in a nonsealed, nonconfidential proceeding seeking to bring a covered device must provide court security and court staff a list containing their name, the device type, and their address.
Court's wording
(I) Witnesses or parties in court proceedings that are not sealed or confidential, upon the condition the respective party provides a list to court security and the court staff of the applicable court. The list shall contain the name, type of device, and address of the party or witness seeking to bring in a device named above
Deputy prosecuting attorneys are not required to file a separate appearance or a temporary appearance in the criminal proceedings to which they are assigned;
Filing & Service rules
Electronic Filing Rules
Fax and email may not be used to file pleadings.
Electronic facsimile transmission (“fax”) and email are not permitted.
Page 2 | Pleadings — (A) FILINGS
Attorneys must e-file in the county.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
Others are encouraged to e-file in the county.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
Other pleadings are filed on receipt, but filings sent by registered or certified mail are complete upon mailing.
All other pleadings will be accepted and filed as of the date of receipt; provided, however, that any filing made by registered or certified mail, shall be complete upon mailing.
Page 2 | Pleadings — (A) FILINGS
Proposed special findings must be submitted within the time directed by the Court.
Such form of special findings shall be submitted to the Court within the time directed by the Court.
Page 7 | Special Findings of Fact
Defense counsel must file the appearance form when first appearing in the criminal proceeding.
When an attorney for the defendant first appears in the criminal proceeding, the defense attorney must file an appearance form
Page 16 | Appearances in Criminal Cases
The offering party must remove material held by the Court Reporter within four months after final disposition, unless the Court orders otherwise.
Any material placed in the custody of the Court Reporter shall be removed by the offering party, except as otherwise ordered by the Court, within four (4) months after the final disposition of the case.
Page 18 | Jury Trial Procedures
The required guardianship documents must be completed and filed before any guardianship hearing is scheduled.
Prior to scheduling any hearing on guardianship parties must complete and file the Court’s form titled Instruction for Guardian located in Appendix Ex.2, a proposed order, and proposed oath of guardian.
Page 32 | Guardianships
A final accounting must be filed when the guardianship terminates, unless the court waives it.
File a final accounting with the Court upon the termination of the Guardianship, whether due to the death of the Protected Person, or for any other reason, unless waived by the Court;
Page 40 | Appendix Ex. 2 — Instructions to Guardian
A verified account of guardianship income and expenditures must be filed every two years after appointment unless the court waives it.
File with the Court a verified account of all the income and expenditures of the Guardianship every two (2) years after your appointment, unless waived by the Court;
Page 40 | Appendix Ex. 2 — Instructions to Guardian
A verified inventory and appraisement must be filed within 90 days after appointment unless the court waives it.
File with the court, within ninety (90) days after your appointment, a verified inventory and appraisement of all of the property belonging to the protected person, unless waived by the court;
Page 40 | Appendix Ex. 2 — Instructions to Guardian
A status report on the Protected Person’s physical condition and general welfare must be filed with the Court every two years after appointment.
File with the Court a status report as to the physical condition and general welfare of the Protected Person every two (2) years after your appointment.
Page 41 | Appendix Ex. 2 Instructions to Guardian
For motions other than T.R. 7 motions to continue, T.R. 56 summary judgment motions, and T.R. 59 motions to correct error, failure to respond or reply within the applicable T.R. 6(D)(2) or Court-established time limits subjects the motion to summary ruling.
For motions other than motions to continue under T.R. 7, summary judgment motions under T.R. 56, and motions to correct error under T.R. 59, the failure to respond or reply in accordance with the time limits allowed by T.R. 6(D)(2) or established by the Court shall subject the motion to summary ruling.
Page 4 | Motions
Failure to file an opposing brief, memorandum, or designated evidence within the applicable Rule 56 or Court-established time limits subjects a summary judgment motion to summary ruling.
Failure to file opposing briefs or memorandum or designated evidence, in opposition to summary judgment, within time limits established by T.R. 56 or by the Court shall subject the motion to summary ruling.
Page 4 | Motions
The prosecutor may file a higher-bond request at any point after the individual is booked into the Sheriff Department's custody.
The Marshall County Prosecutor's Office may file a request for higher bond. This may be done at any point once an individual is booked into the Marshall County Sheriff Department's custody.
Page 35 | MOTION FOR HIGHER BOND
After an individual released on personal recognizance or bond is charged with a new misdemeanor or felony in any jurisdiction, the prosecutor may file a motion to revoke bond.
The Marshall County Prosecutor's Office may file a Motion to Revoke Bond for an individual released on personal recognizance or admitted to bond upon the subsequent charge of that individual for a new misdemeanor or felony offense in any jurisdiction.
Page 35 | REVOCATIONS OF BOND
Service and Proof of Service Rules
The client must be served written notice of the withdrawal petition at least ten days before the petition is filed.
written notice of the petition was served to the client at least ten (10) days prior to the filing of the petition with the court.
Page 17 | Appearances in Criminal Cases
No pleadings, order or notices, other than those originated by the Court, will be returned or distributed to attorneys by mail unless the Court is provided with stamped, self- addressed return envelopes.
No pleadings, order or notices, other than those originated by the Court, will be returned or distributed to attorneys by mail unless the Court is provided with stamped, self- addressed return envelopes.
Page 2 | Pleadings — (B) DISTRIBUTION AND SERVICE
Clerk’s office mailboxes are designated as a suitable place for service on attorneys who consent by using a clerk’s office mailbox.
Pursuant to Indiana rules of trial procedure the Courts of Marshall County hereby designate the mailboxes in the clerk’s office as a suitable place for service upon attorneys that consent to service by utilizing a clerk’s office mailbox.
Page 2 | Pleadings — (B) DISTRIBUTION AND SERVICE
Lawyers must not time the filing or service of motions or pleadings to unfairly limit another party’s opportunity to respond.
Lawyers will not time the filing or services of motions or pleadings in any way that unfairly limits another party’s opportunity to respond,
Page 25 | Rules of Civility
Filing Fees and Waivers
A matter may not be dismissed, reopened, granted, closed, terminated, or transferred without proof that its costs have been paid, unless the Court orders otherwise.
No cause shall be dismissed or reopened, nor any dissolution of marriage or adoption granted, nor any estate closed, nor any other matter terminated or transferred, without proof that the costs of the action have been paid, unless specifically otherwise ordered by the Court.
Page 9 | Payment of Costs
Individuals ordered into the Marshall County Drug Court through Marshall Superior Court No. 3 must pay a $50 monthly user fee beginning in the second month of supervision.
All individuals ordered to enroll in the Marshall County Drug Court through Marshall Superior Court No. 3 shall be assessed and pay the fees set by Indiana Code § 33-23- 1623, as amended. Drug Court fees shall include: (2) $50.00 monthly user fee assessed beginning on the second month of supervision.
Page 30 | Court Alcohol and Drug Program Fees; Drug Court User Fees
Individuals ordered into the Marshall County Drug Court through Marshall Superior Court No. 3 must pay a $100 initial user fee.
All individuals ordered to enroll in the Marshall County Drug Court through Marshall Superior Court No. 3 shall be assessed and pay the fees set by Indiana Code § 33-23- 1623, as amended. Drug Court fees shall include: (1) $100.00 initial user fee, and
Page 30 | Court Alcohol and Drug Program Fees; Drug Court User Fees
Individuals ordered into the Marshall County Drug and Alcohol Program may be charged a program-services fee capped at the maximum set by Indiana Code § 12-23-14-16, as amended.
(A) All individuals ordered to enroll in the Marshall County Drug and Alcohol Program may be charged a fee for program services not to exceed the maximum fee set by Indiana Code § 12-23-14-16, as amended.
Page 30 | Court Alcohol and Drug Program Fees; Drug Court User Fees
Pre-Motion Conference Requirements
Before requesting a default or dismissal, lawyers must notify opposing counsel if they know that counsel’s identity.
No default or dismissal shall be requested without first notifying opposing counsel, when we know his or her identity.
Page 25 | Rules of Civility
Adjournment & Extension Requirements
An extension of time to file a brief or memorandum may be granted only by Court order.
Extensions of time for filing briefs or memorandum shall be granted only by order of the Court.
Page 4 | Motions
Parties may not alter a deadline established by Court order by agreement without first seeking leave of the Court.
Deadlines established in Court orders may not be altered by agreement of the parties without first seeking leave of the Court.
Page 4 | Motions
A continuance motion must be filed as soon as its cause is discovered and no later than 10 days before a bench trial, unless an affidavit shows the reason arose within that 10-day period.
A motion for continuance must be filed as soon after the cause for continuance is discovered by the moving party and not later than 10 days before a bench trial unless the reason thereafter is shown by affidavit to have occurred within said 10-day period.
Page 8 | Continuances
Small-claims continuances are discretionary and generally cannot be granted less than 3 days before trial, subject to party-and-court concurrence or a timely affidavit establishing illness- or injury-related physical impossibility, accompanied by a physician’s statement.
Continuances of small claims will be granted only at the discretion of the Court and, in no event, less than 3 days prior to trial, unless all parties and the Court concur to the continuance or unless shown by affidavit filed with the Court at least 1 day prior to trial that it is physically impossible to attend trial due to illness or injury. A physician’s statement must accompany the affidavit.
Page 8 | Continuances
Lawyers shall agree to reasonable extension requests and waivers of procedural formalities unless doing so would materially or adversely affect their clients’ legitimate rights.
Lawyers shall agree to reasonable requests for extension of time and for waiver of procedural formalities, provided our clients’ legitimate rights will not be materially or adversely affected.
Page 25 | Rules of Civility
When a hearing, deposition, meeting, or conference conflicts and needs rescheduling, lawyers must notify other counsel and, if appropriate, the court or others as early as possible.
Lawyers will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences are in conflict and need to be rescheduled.
Page 25 | Rules of Civility
They will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel. If a lawyer has been given an accommodation because of a calendar conflict, the lawyer will notify those who have been accommodating when and if the conflict has been removed.
They will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel. If a lawyer has been given an accommodation because of a calendar conflict, the lawyer will notify those who have been accommodating when and if the conflict has been removed.
Page 25 | Rules of Civility
Lawyers must not request an extension solely to cause unjustified delay or obtain a tactical advantage.
and they will not request an extension of time solely for the purpose of unjustified delay or to obtain a tactical advantage.
Page 25 | Rules of Civility
Chambers Communication Rules
Attorneys must promptly notify the clerk of changes to previously supplied information.
Attorneys must promptly advise the clerk of any change in the information previously supplied.
Page 17 | Appearances in Criminal Cases
Prosecutors may substitute their names and attorney numbers in an open case by giving notice to the clerk.
Prosecuting attorneys, including special and senior prosecuting attorneys may substitute their names and attorney numbers in any open case with notice to the clerk.
Page 16 | Appearances in Criminal Cases
Use the county website or courts-and-clerks directory for local court contact information, and contact the local court directly with the listed questions.
For local court contact information, visit the county's official website or see our directory of courts and clerks. Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts