Marshall County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Notice of withdrawal

A deputy prosecutor withdrawing a filed appearance must file a notice of withdrawal.

however, if an appearance is filed, to withdraw, the deputy prosecuting attorney must file a notice of withdrawal of appearance.

CRITICAL

Applies to

Motion for more definite statement or to strike

Motions for a more definite statement or to strike must include a brief or memorandum addressing the relevant facts and law.

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.

CRITICAL

Applies to

Receipt

When removing material, the party must give the Court Reporter a detailed receipt and file it in the case.

At the time of removal, the party shall give a detailed receipt to the Court Reporter which shall be filed in the cause.

CRITICAL

Applies to

Trial scheduling order

The trial-scheduling order must include a schedule for submitting proposed preliminary and final instructions and motions in limine.

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.

CRITICAL

Applies to

No contact order

Before release, an arrestee booked for a violent crime must sign a No Contact Order protecting the alleged victim, if one exists.

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.

CRITICAL

Applies to

Motion for hearing

If the parties dispute the child support amount, each party must file a child support worksheet with the motion for a hearing.

if the parties dispute the amount to be paid each individual party must file a child support worksheet with the motion for the hearing.

CRITICAL

Applies to

Required information

If required information is unavailable, it must be submitted to the clerk and supplemented once it becomes available.

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.

CRITICAL

Applies to

Order

When asked to prepare an order reflecting a court ruling, a lawyer must accurately and completely reflect the ruling, prepare the order promptly, and submit it to opposing counsel before presenting it to the court.

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.

CRITICAL

Applies to

Guardianship hearing

Must include

proposed order

Before any guardianship hearing is scheduled, the parties must complete and file the Instruction for Guardian form, a proposed order, and a proposed oath of guardian.

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.

CRITICAL

Applies to

Appearance

Unrepresented litigants and attorneys must first file a formal written appearance.

Unrepresented litigants and attorneys for a party shall first file a formal written Appearance.

CRITICAL

Applies to

Discovery objection

Discovery objections must be specific and not boilerplate.

Objections to discovery must be specific and not boilerplate.

CRITICAL

Applies to

Withdrawal of appearance motion

Must include

proposed order

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.

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.

CRITICAL

Applies to

Appearance or pleading

Every filed appearance or pleading must identify the filing attorney’s or unrepresented litigant’s name, address, email address, and telephone number.

Every appearance or pleading filed shall clearly identify the name, address, email address, and telephone number of the attorney or unrepresented litigant filing..

CRITICAL

Applies to

Prosecutor information

The prosecuting attorney must provide the clerk with the specified attorney, case, arrest-report, fingerprint-transaction, and state-identification information.

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.

CRITICAL

Applies to

Motion for hearing

When child support is sought, a child support worksheet must be attached to the motion for a hearing.

When child support is being sought a child support work sheet must be attached to the motion for the hearing

CRITICAL

Applies to

Withdrawal petition

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.

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.

CRITICAL

Applies to

Extension request

Must include

proposed order

Every written or oral request for an extension of time to file a brief or memorandum must be accompanied by a proposed order.

All requests for extensions of time for filing briefs or memoranda, whether written or oral, shall be accompanied by a proposed order.

CRITICAL

Applies to

Proposed jury instructions

A party submitting proposed jury instructions must file them with the Court and email them to a designated Court employee with an editable document attached.

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.

CRITICAL

Applies to

Motion for final hearing

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.

(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.

CRITICAL

Applies to

Motion

Motions, including motions to dismiss, for judgment on the pleadings, and for summary judgment, must include a brief or memorandum stating the facts and law needed to decide the matter.

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.

CRITICAL

Applies to

Discovery response

Discovery answers and objections must reproduce the request immediately before the response, and objections must cite legal authority if any.

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.

CRITICAL

Applies to

Appearance

Must include

case number

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.

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.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Each motion for continuance must include a proposed order stating the amount of time reserved and providing blanks for the Court to reset the matter.

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.

CRITICAL

Applies to

Appearance form

A self-represented defendant must file the provided appearance form with their name, address, telephone number, and email address.

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.

CRITICAL

Applies to

Affidavit

An affidavit supporting the illness-or-injury exception to the small-claims continuance restriction must be accompanied by a physician’s statement.

A physician’s statement must accompany the affidavit.

CRITICAL

Applies to

Motion for hearing

For a represented party, a motion for a disputed family law hearing lasting more than one hour must include a detailed statement of the issues to be tried.

(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;

CRITICAL

Applies to

Prosecutor information

A special or senior prosecutor appointed to replace the elected prosecutor must provide the clerk with the information required by section (A)(1).

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.

CRITICAL

Applies to

Higher bond motion

A higher-bond motion must state the reasons the prosecutor believes the individual is a flight risk or a danger to the community and must be submitted directly to the assigned court.

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.

CRITICAL

Applies to

Proposed findings conclusions

When special findings are required, counsel must submit proposed findings containing all facts counsel claims were proved and the conclusions of law.

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.

WARNING

Applies to

Motion for hearing

If needed, the motion for a hearing must explain in detail why any part of LR50-FL00-MLR-021(C) could not be fully complied with.

(6) If needed a detailed explanation as to why any part LR50-FL00-MLR-021(C) could not be complied with in its entirety.

WARNING

Applies to

Withdrawal of appearance

An appearance by other counsel accompanying a withdrawal counts as compliance with the withdrawal requirements in paragraph (B)(1).

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.

WARNING

Applies to

Motion for hearing

The motion for a hearing must state whether child support is in dispute.

(5) A statement whether child support is in dispute.

WARNING

Applies to

Motion for hearing

The motion for a hearing must state the time required for the hearing.

(2) The time required to be reserved for the hearing;

WARNING

Applies to

Motion hearing notice

The Court sets motion hearing times, and a hearing date must not be specified in the motion notice without prior authorization from the Judge or a Court employee.

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.

WARNING

Applies to

Motion for hearing

The motion for a hearing must state the proposed hearing date and time and that court staff and opposing counsel or the opposing unrepresented party approved them.

(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.

WARNING

Applies to

Pleading or motion

A pleading or motion not signed as required by the Indiana Trial Rules of Procedure is defective and may be stricken.

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.

WARNING

Applies to

Motion for hearing

The motion for a hearing must affirmatively represent that all exhibits will be exchanged 10 days before the hearing.

(4) An affirmative representation that all exhibits will be exchanged ten (10) days prior to the hearing;

WARNING

Applies to

Device entry list

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.

(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

INFO

Applies to

Appearance

Deputy prosecutors need not file a separate or temporary appearance in assigned criminal proceedings.

Deputy prosecuting attorneys are not required to file a separate appearance or a temporary appearance in the criminal proceedings to which they are assigned;