Montgomery County Courts, Indiana Document Filing Requirements

Applies to

Schedule of exhibits

Must include

exhibit list

For contested hearings and trials, attorneys must prepare and submit a schedule of exhibits to the Court Reporter.

In all contested hearings and trials, the attorneys shall prepare and submit to the Court Reporter a schedule of exhibits.

Applies to

Withdrawal motion

Withdrawal is prohibited if it would deprive the court of jurisdiction over a party.

No withdrawal shall be permitted if such withdrawal would deprive the Court of jurisdiction over a party.

Applies to

Exhibits

After marking for identification, evidentiary models, diagrams, exhibits, and materials must be placed with the Court Reporter unless the Court orders otherwise.

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.

Applies to

Pretrial services report

Pretrial services must submit a report to the Court for any person charged with a felony or detention offense who has not posted bond.

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.

Applies to

Proposed order

Proposed orders submitted by counsel must include an original for the Court, a copy for the Court file, a copy for each attorney or pro se litigant, and enough copies for service by the Clerk or Sheriff.

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.

Applies to

Request for relief

Must include

proposed order

A proposed order must be tendered with any motion, petition, or other request for relief before the Court is required to act.

The Court shall not be required to act on any motion, petition or other request for relief unless a proposed order is tendered.

Applies to

Pleading or paper

Must include

certificate of service

The service of each copy sent to a special judge's office must be indicated on the certificate of service.

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.

Applies to

Pleading

After a special judge is selected, later-filed pleadings must include “Before Special Judge ____________________” immediately below the cause number.

After a special judge is selected, the caption of all pleadings filed thereafter shall designate “Before Special Judge ____________________” immediately below the cause number.

Applies to

Withdrawal motion

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.

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.

Applies to

Trial setting request

A request for a trial setting or other evidentiary hearing must include an honest, good-faith estimate of the court time needed.

An honest, good-faith estimate of the court time needed for the trial or hearing.

Applies to

Motion to serve additional interrogatories or requests for admission

A party seeking to serve additional interrogatories or requests for admission must file a written motion listing the proposed requests and explaining good cause.

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.

Applies to

Continuance motion

Motions for continuance must be in writing, and pro se litigants must verify them.

All motions for continuance shall be in writing, and shall be verified if filed by a pro se litigant.

Applies to

Proposed order

A proposed order accompanying a trial-setting request must have blanks for the date and time.

A proposed order shall be tendered with appropriate blanks for date and time.

Applies to

Withdrawal motion

The withdrawal motion must certify the client's last known address.

In the motion for withdrawal, the attorney shall certify the last known address

Applies to

Withdrawal motion

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.

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.

Applies to

Objection to interrogatories or requests for admission

Objections to interrogatories or requests for admission must state specific reasons and cite legal authority.

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.

Applies to

Trial setting request

A request for a trial setting or other evidentiary hearing must identify the type of trial or hearing.

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.).

Applies to

Receipt

When exhibits or other materials are removed, a detailed receipt must be given to the Court Reporter and filed in the case.

At the time of removal, a detailed receipt shall be given to the Court Reporter and filed in the cause.

Applies to

Proposed order

Proposed orders submitted by counsel must contain a complete distribution list with complete addresses for all attorneys and pro se litigants.

Contain a complete distribution list of all attorneys and/or pro se litigants with complete addresses.

Applies to

Proposed order

Proposed orders submitted by counsel must include addressed, prepaid envelopes for listed attorneys and pro se litigants, except for those with an email address in the electronic-service database and attorneys with a Clerk’s office mailbox.

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.