Noble County Courts, Indiana Document Filing Requirements

Applies to

Pretrial release risk assessment

A foreign national reasonably believed to be unlawfully present must have a pretrial release risk assessment filed and a hearing held before bail may be set.

A foreign national who law enforcement reasonably believes to be present in the United States unlawfully under federal immigration law shall not be let to bail until a pretrial release risk assessment has been filed with the Court and a hearing is held before a judicial officer at which time the judicial officer shall, if appropriate, set bail and the terms thereof.

Applies to

Motion to withdraw

A motion to withdraw must include the court’s name and address, the client’s last known address and telephone numbers, and relevant hearing, trial, and pretrial deadline dates.

A motion to withdraw shall including the following: (1) The name and address of the Court where the case is filed; (2) The last known address of the client and the client’s telephone numbers; and (3) Any hearing or trial dates and any pleading, discovery or other pretrial deadline dates.

Applies to

Withdrawal of appearance

Permission to withdraw is limited to the stated circumstances: an appearance by new counsel, a written motion served on the client at least ten days before filing, or other good cause found by the Court.

Permission to withdraw shall be granted only upon the following circumstances: (1) The filing of an appearance by new counsel for said client; (2) Upon written motion to withdraw, which motion shall be served on the client at least ten (10) days prior to the date of the filing of the motion, or (3) Upon other good cause found by the Court.

Applies to

Request for appointment

A request to appoint a Guardian ad Litem or Custody Evaluator must include the recommended professional’s availability and contact information, the cost of services, and the proposed division of costs.

The request shall contain the availability, name, address, and phone number of the recommended professional and the cost of services, and how the party proposes that costs will be divided.

Applies to

Pretrial release risk assessment

For the listed offenses and related attempts or conspiracies, a pretrial release risk assessment must be filed and a hearing held before bail may be set.

Notwithstanding the Presumptive Bail schedule set forth above, the following offenses, or the attempt to commit, or the conspiracy to commit the following offenses, shall not be bailable until a pretrial release risk assessment has been filed with the Court and a hearing is held before a judicial officer at which time bail will be set:

Applies to

Motion for continuance

A continuance motion based on a scheduling conflict must identify both courts’ relevant case and hearing or trial information.

A Motion for Continuance based on a scheduling conflict with another cause shall specify the Court, the case name, the cause number, the date the hearing or trial in both cases was set, and the type of conflicting hearing or trial.

Applies to

Motion

Must include

proposed order

A motion seeking a Court order or a Notice of Hearing must be accompanied by an original proposed order.

All motions seeking an Order of the Court or a Notice of Hearing shall be accompanied by an original proposed order.

Applies to

Withdrawal of appearance

A counsel withdrawal must be in writing and ordered by the Court.

All withdrawals of appearance of counsel shall be in writing and upon Order of the Court.

Applies to

Pretrial release risk assessment

For a person believed to have an active warrant or specified supervision status, a pretrial release risk assessment must be filed and a judicial hearing held before bail may be set.

A person who law enforcement reasonably believes to have an active warrant, to be on probation, parole, pretrial release or other community supervision for an offense, other than a Level A offense on the Offense Levels and Presumptive Bail Schedule, shall not be let to bail until a pretrial release risk assessment has been filed with the Court and a hearing is held before a judicial officer at which time the judicial officer shall, if appropriate, set bail and the terms thereof.

Applies to

Motion for continuance

A continuance motion must be written and signed and comply with Indiana Trial Rule 53.5, unless made on the record during the hearing or specifically authorized otherwise by the Court.

A Motion for Continuance, unless made on record during the hearing of the cause or otherwise specifically authorized by the Court, shall be in writing and signed. Such motion shall comply in all respects with T.R. 53.5 of the Indiana Rules of Trial Procedure.