Owen County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

The listed limitations period is two years for personal injury and damage to personal property.

1) Two Years A. Personal injury (that is, injury to a person as opposed to damage to property). B. Damage to personal property.

CRITICAL

Applies to

Change of judge request

A change-of-judge request must be filed in writing within 30 days after suit is filed, or earlier if trial is set within 30 days of filing.

A party seeking a change of judge must file that written request with the court within thirty (30) days after suit is filed (Trial Rule 76) or earlier if the trial is set within (30) days after filing suit.

CRITICAL

A party seeking an appeal must take the required action within 30 days of the Small Claims Court judgment.

To qualify for an appeal, the appealing party must take certain action within thirty (30) days of the Small Claims Court judgment.

CRITICAL

Applies to

Counterclaim

A counterclaim must be filed early enough for the Plaintiff to receive it at least seven days before trial.

You must file your counterclaim with the Court so that the Court will be able to maila copy to the Plaintiff in time for the Plaintiff to receive it at least seven (7) days before the trial.

CRITICAL

The limitations period begins when a contract is breached or when personal injury or property damage occurs.

The time limit begins to run for a contract when the contract is breached (broken) and for personal injury or damages to property when the injury occurs.

CRITICAL

A request to vacate or set aside a default judgment must be filed within one year after entry of the judgment.

Such a request must be filed with the court within one (1) year of the date the judgment was entered.

CRITICAL

Applies to

Jury trial transfer fee

The transfer fee is due within ten days after the jury-trial request is granted.

The transfer fee must be paid within ten (10) days after the jury trial request has been granted; otherwise, the party requesting the jury trial has waived the request.

CRITICAL

A motion to continue based on a conflicting setting must be filed within 14 days after notice of the conflict.

All motions for continuance based on conflicting case settings shall be filed within 14 days after notice of the conflict

CRITICAL

A lawsuit must be filed within the applicable statute of limitations and cannot be brought after that period expires.

Before you bring your lawsuit you must be sure that the suit is filed within the time period provided by the statute of limitations. You cannot bring suit if the time limit has expired.

CRITICAL

The written appearance is due at the earliest possible time after the attorney is retained or appointed.

An attorney must file a written appearance for the defendant at the earliest possible time after being retained by the defendant or appointed by the Court to represent the defendant.

CRITICAL

The listed limitations period is six years for accounts, specified unwritten contracts, rents and use of real estate, real-estate damage, recovery of personal property, and promissory notes or contracts for payment of money.

2) Six Years A. Accounts. B. Contracts not in writing (other than a contract for sale of goods). C. Rents and use of real estate (landlord-tenant disputes). D. Damage to real estate. E. Recovery of personal property. F. Promissory notes and/or contracts for the payment of money.

CRITICAL

Applies to

Jury trial request

A Defendant must request a jury trial no later than ten days after service of the Notice of Claim.

If the Defendant wants a jury trial, it must be requested no later than ten days after the Defendant is served with the Notice of Claim.

WARNING

A motion to withdraw an appearance based solely on nonpayment will not be granted if filed less than 30 days before the scheduled trial date.

D. WITHDRAWAL BASED ON NONPAYMENT OF FEES. An attorney’s motion to vacate or withdraw his appearance on behalf of a defendant based solely upon the defendant’s failure to pay the attorney’s fee, will not be granted: 2. If filed less than 30 days before scheduled trial date.

WARNING

The Clerk must place pleadings and case-related documents in the proper case file within five days of receipt from the Owen Circuit Court.

The Clerk of the Circuit Court of Owen County (Clerk) shall place within five (5) days of receipt from the Owen Circuit Court all pleadings and case- related documents in the proper case file.

WARNING

A party may object for cause to the Family Court designation within ten days after notice of selection is sent.

Within ten (10) days after notice is sent that a case has been selected for Family Court, a party may object for cause to the Family Court designation.

WARNING

Applies to

Third party notice of claim

A Defendant may file a third-party notice of claim before trial against a nonparty believed responsible for all or part of the Plaintiff's claim.

If you are the Defendant and you believe that another person who is not a party to the suit may be responsible to you for all or part of the Plaintiff's claim, before the trial you may file a third-party notice of claim against the person.

WARNING

A motion to withdraw an appearance based solely on nonpayment will not be granted if filed more than six months after the initial hearing.

D. WITHDRAWAL BASED ON NONPAYMENT OF FEES. An attorney’s motion to vacate or withdraw his appearance on behalf of a defendant based solely upon the defendant’s failure to pay the attorney’s fee, will not be granted: 1. If filed more than 6 months after the initial hearing;

WARNING

An attorney’s appearance is deemed withdrawn after the time to appeal a merits disposition expires without an appeal; if an appeal is initiated, the attorney remains of record until its conclusion or other authorized withdrawal.

E. Duration of Appearance. An attorney’s appearance on behalf of a defendant is deemed to be vacated or withdrawn after the time permitted to file a Notice of Appeal for the purposes of appealing a disposition on the merits has elapsed and an appeal has not been initiated. If an appeal is initiated, the attorney remains of record for the defendant until the appeal is concluded or the appearance is otherwise vacated pursuant to this rule.

WARNING

If you and the Defendant can work out some agreement, reduce it to writing, and submit it to the Court prior to the trial date, then no trial will be necessary.

If you and the Defendant can work out some agreement, reduce it to writing, and submit it to the Court prior to the trial date, then no trial will be necessary.

INFO

The State or the defendant may file a request to modify bond at any time.

The State and/or the defendant, at any time, can file a request for modification of bond.