Montgomery County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance is not automatic or a matter of right; absent the opposing party's agreement or acquiescence, it cannot be granted ex parte and the Court will wait three days after filing, or six days if served by mail, before ruling.
- A motion for continuance must be filed promptly after the cause for it is discovered.
- Withdrawal or a change of attorneys, by itself, is not a sufficient basis to continue a trial or hearing.
- +5 more
Request must include
- Continuance motions, including agreed motions, must be filed at least five days excluding Saturdays, Sundays, and holidays before a court trial or hearing, unless good cause is shown.
- Continuance motions, including agreed motions, must be filed at least ten days before a jury trial, unless good cause is shown.
Document Format Requirements3 rules
Attorneys shall pre-mark all exhibits.
Formatting
- •All exhibits must be pre-marked
Plaintiffs and petitioners shall use numerals and defendants and respondents shall use letters.
Duplicated forms are discouraged and may not be filed or served unless each discovery request is consecutively numbered and applicable to the case; stock forms may be used when the case or number of parties makes them necessary.
Court's wording
Duplicated forms are discouraged and shall not be filed or served upon a party unless each interrogatory, request for admission or request for production of documents on such form is consecutively numbered and applicable to the case in which the same is filed and served. The intent and purpose of this Rule is to prohibit the filing of duplicated forms of stock interrogatories and requests for admission except where the nature of the case or the number of parties make the use of such forms necessary.
Document Filing Requirements20 rules
In all contested hearings and trials, the attorneys shall prepare and submit to the Court Reporter a schedule of exhibits.
- Document
- Schedule of exhibits
Must include
- •Exhibit list
After being marked for identification, models, diagrams, exhibits and material offered or admitted in evidence in any cause pending or tried before the Court shall be placed in custody of the Court Reporter unless otherwise ordered by Court.
At the time of removal, a detailed receipt shall be given to the Court Reporter and filed in the cause.
No withdrawal shall be permitted if such withdrawal would deprive the Court of jurisdiction over a party.
A withdrawal motion must state specific reasons and demonstrate written client notice advising of the potential consequences of not securing counsel, the motion's consideration date and time, and the case's status and relevant hearings or deadlines.
Court's wording
The written motion shall state the reasons for withdrawal with specificity and must demonstrate written notice to the client of the intent to make application to withdraw the appearance and representation. The notice must have been given at least ten (10) days prior to filing the motion to withdraw, shall advise the client that failure to secure new counsel may result in dismissal of the client's case or in the rendering of a default judgment, shall advise of the date and time the motion will be considered, and shall advise of the status of the case and of the existence and significance of any hearing dates or deadlines established by the Court in that case. The attorney shall in all other respects comply with Rule 1.16 of the Rules of Professional Conduct.
In the motion for withdrawal, the attorney shall certify the last known address
Withdrawal generally requires a written motion and a court order, except when the party authorizes it in open court or in verified writing, or successor counsel appears simultaneously.
Court's wording
An attorney's appearance and representation in a case may only be withdrawn upon the filing of a written motion and an order of the Court granting such motion, except in the following instances: (1) The party authorized the withdrawal in open court; (2) The party authorized the withdrawal in writing, such authorization being verified; or (3) There is an appearance simultaneously filed by successor counsel.
Include a sufficient number of copies of such proposed order as follows: Original for Court, copy for Court file, one copy for each attorney and/or pro se litigant, and sufficient copies for service by Clerk or Sheriff.
The Court shall not be required to act on any motion, petition or other request for relief unless a proposed order is tendered.
- Document
- Request for relief
Must include
- •Proposed order
A request for a trial setting or other evidentiary hearing must identify the type of trial or hearing.
Court's wording
All requests for trial settings or other evidentiary hearings shall include the following information: (1) Type of trial or hearing (jury trial, court trial, final hearing in dissolution, etc.).
Contain a complete distribution list of all attorneys and/or pro se litigants with complete addresses.
Include envelopes appropriately addressed, postage prepaid, for each attorney and/or pro se litigant on the distribution list. Envelopes are not necessary for any attorney or litigant who has an email address in the database for electronic service or for any attorney who has a mailbox in the Clerk’s office.
An honest, good-faith estimate of the court time needed for the trial or hearing.
All motions for continuance shall be in writing, and shall be verified if filed by a pro se litigant.
A proposed order shall be tendered with appropriate blanks for date and time.
The service of each copy sent to a special judge's office must be indicated on the certificate of service.
- Document
- Pleading or paper
Must include
- •Certificate of service
Court's wording
A copy of each pleading or each paper filed with the Court after a special judge has qualified shall be mailed or delivered to the office of that special judge by the counsel or litigant with service indicated on the certificate of service.
After a special judge is selected, the caption of all pleadings filed thereafter shall designate “Before Special Judge ____________________” immediately below the cause number.
- Document
- Pleading
- Placement
- Caption
Any party desiring to serve additional interrogatories or requests for admission shall file a written motion setting forth the proposed additional interrogatories or requests for admission and the reasons establishing good cause for their use.
Objections to interrogatories or requests for admission shall be stated with specificity and certainty and the reasons therefor shall be accompanied by citation of legal authority.
The pretrial services division of the probation department shall submit to the Court a report on any person charged with a felony or a detention offense who have not posted bond.
Filing & Service rules
Filing Timing and Cure Windows
Written notice to the client must be given at least 10 days before filing the withdrawal motion.
The notice must have been given at least ten (10) days prior to filing the motion to withdraw
Page 6 | Withdrawal of Appearance
If the scheduling problem cannot be resolved, written notice to the Court with the party’s good-faith estimate is due within ten days after receipt of the original order.
If unable to resolve the problem, the opposing party or pro se litigant shall then notify the Court in writing within ten (10) days of the receipt of the original order and give their honest, good-faith estimate of the court time needed.
Page 8 | Trial Settings
The court may not permit withdrawal when fewer than 40 days remain before a trial or hearing.
Withdrawal may not be permitted if less than 40 days remain until a trial or hearing date.
Page 6 | Withdrawal of Appearance
Service and Proof of Service Rules
A continuance motion and accompanying materials must be served in person on opposing counsel or the opposing party, unless they have acquiesced or agreed to the motion.
Such motion and any accompanying affidavits or documents shall be served upon opposing counsel or the opposing party in person unless there is a showing that opposing counsel or the party has acquiesced or agreed to the motion to continue.
Page 9
After a special judge qualifies, counsel or the litigant must mail or deliver a copy of each filed pleading or paper to that judge's office.
A copy of each pleading or each paper filed with the Court after a special judge has qualified shall be mailed or delivered to the office of that special judge by the counsel or litigant with service indicated on the certificate of service.
Page 10 | LR54-TR79-11 Special Judges
Adjournment & Extension Requirements
A motion for continuance must be filed promptly after the cause for it is discovered.
The motion must be filed promptly upon the discovery of the cause therefor.
Page 8 | Continuances
Continuance motions, including agreed motions, must be filed at least five days excluding Saturdays, Sundays, and holidays before a court trial or hearing, unless good cause is shown.
Motions for continuance, including agreed motions, must be filed at least five (5) days, excluding Saturday, Sunday and holidays, before a court trial or hearing, unless good cause is shown.
Page 8 | Continuances
A continuance motion must state the specific reason, whether opposing counsel was advised and agrees, and the date and time of the hearing or trial; general assertions may be summarily denied.
Motions for continuance shall include the following information: (1) The specific reason the continuance is necessary (general assertions, e.g., "unavailability of counsel", "unavailability of witness", "other commitments", etc., shall be subject to summary denial). (2) Whether opposing counsel has been advised that a continuance will be requested. (3) Whether opposing counsel agrees to the continuance. (4) The date and time of the hearing or trial for which a continuance is sought.
Page 8 | Continuances
Continuance motions, including agreed motions, must be filed at least ten days before a jury trial, unless good cause is shown.
Motions for continuance, including agreed motions, must be filed at least ten (10) days before a jury trial, unless good cause is shown.
Page 8 | Continuances
A continuance is not automatic or a matter of right; absent the opposing party's agreement or acquiescence, it cannot be granted ex parte and the Court will wait three days after filing, or six days if served by mail, before ruling.
The motion to continue will not be granted as a matter of course or as a matter of right. Unless the opposing party or attorney agrees or acquiesces in the motion, the motion will not be granted ex parte and the Court will not rule on the motion until three (3) days after filing, or six (6) days if served by mail.
Page 9
A matter may not be continued or removed from the hearing or trial calendar without a Court order granting the request.
Under no circumstances and in no case will any matter be continued or removed from the Court's hearing or trial calendar without order of the Court granting such continuance or removal from the calendar.
Page 9
A continuance motion must be signed by the requesting party, or by the attorney, whose signature certifies the party's notice, agreement, and understanding.
All motions for continuance must be signed by the party who is requesting it or whose attorney is requesting it. If the party does not sign the motion, signature by the attorney is certification that the party has been notified of the request, agrees to the continuance, and understands the reason for which the continuance is sought.
Page 9
Withdrawal or a change of attorneys, by itself, is not a sufficient basis to continue a trial or hearing.
Withdrawal or change of attorneys, in and of itself, shall not be sufficient basis for continuing a trial or hearing.
Page 8 | Continuances
A continuance request must state the approximate time needed for the hearing or trial after rescheduling.
(5) The approximate amount of time needed for such hearing or trial upon rescheduling.
Page 9
If the Court grants a continuance, it may condition the continuance on payment of costs or expenses necessarily incurred by the parties or the Court.
The motion to continue, if granted, may be granted subject to the payment of costs or expenses connected with the continuance or for the delay of the trial or hearing which are necessarily incurred by the parties or by the Court.
Page 9
Chambers Communication Rules
An opposing attorney or pro se litigant with a scheduling conflict or disagreement about the time estimate must first contact the person who obtained the setting and attempt to resolve the issue and agree on the date and time estimate.
Every opposing attorney or pro se litigant who receives such an order and either has a conflict with the setting or disputes the estimate of court time needed for the trial or hearing, or both, shall first contact the attorney or pro se litigant who obtained the setting and attempt to resolve the scheduling problem and agree on the date and amount of time for the trial or hearing.
Page 8 | Trial Settings
If the scheduling problem cannot be resolved, the opposing party or pro se litigant must notify the Court in writing within ten days after receiving the original order and provide an honest, good-faith estimate of the required court time.
If unable to resolve the problem, the opposing party or pro se litigant shall then notify the Court in writing within ten (10) days of the receipt of the original order and give their honest, good-faith estimate of the court time needed.
Page 8 | Trial Settings