Parke County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Trial setting request

Trial-setting and other evidentiary-hearing requests must be filed and state the type of trial or hearing and a good-faith estimate of court time after consultation with opposing parties.

3.1 All requests for trial settings or other evidentiary hearings shall be filed and shall contain the following information: A) Type of trial or hearing (I.E. jury trial, bench trial, final hearing, fact finding hearing) B) An honest, good faith estimate (after consultation with the opposing party/parties) of the Court time needed for the trial of hearing.

CRITICAL

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the Court file.

At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence and the receipt will be made a part of the Court file.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be written and approved by the Court, and may be allowed only after client notice is given and filed or new counsel enters an appearance simultaneously.

7.1 All withdrawals of appearance shall be in writing and by leave of Court. Permission to withdraw shall be given only after the withdrawing attorney has given his client written notice of his intention to withdraw and has filed a copy of such with the Court or upon a simultaneous entering of appearance by new counsel for said client.

CRITICAL

Applies to

Court reporter compensation agreement

The supervising court must enter a written agreement specifying how court reporters are compensated for gap and overtime hours, through monetary compensation or compensatory time off regular work hours.

(1) Court Reporters shall be paid an annual salary for time spent working under the control, direction and direct supervision of their supervising court during any regular work hours, gap hours or overtime hours. The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours; i.e. monetary compensation or compensatory time off regular work hours.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial Court and serve all parties before trial.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Fee petition

Every fee petition must specifically state the fee requested.

ALL FEE PETITIONS must specifically set forth the fee requested.

CRITICAL

Applies to

Pleading

After a special judge is selected, every subsequently filed pleading must put “Before Special Judge _______________” immediately below the cause number in the caption.

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

CRITICAL

Applies to

Proposed order

Proposed orders must include an original for the Court, one copy for each attorney and pro se litigant, and appropriately addressed, prepaid envelopes where necessary.

B. Sufficient number of copies of such proposed Order as follows: Original for Court, one copy for each attorney and/or pro se litigant, with envelopes appropriately addressed and postage pre-paid where necessary.

CRITICAL

Applies to

Evidence disposition notice

The notice must state that evidence will be destroyed by a specified date if it is not retrieved before then.

In all cases, the Court shall provide actual notice, by mail, to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.

CRITICAL

Applies to

Proposed order

Proposed orders must contain a distribution list with the full addresses of all attorneys and pro se litigants.

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

CRITICAL

Applies to

Private practice court resources agreement

If a court reporter in private practice wants to use court equipment, workspace, or supplies, the court and reporter must enter a written agreement specifying the reasonable market rate, recordkeeping method, and reimbursement method.

(1) If a court reporter elects to engage in private practice through the recording of a deposition and\or preparing of a deposition transcripts, and the court reporter desires to utilize the court’s equipment, work space and supplies, the court agrees to the use of the court equipment for such purposes, the court and court reporter shall enter into a written agreement which must, at a minimum, designate the following: (a) the reasonable market rate for the use of equipment, work space and supplies. (b) the method by which records are to be kept for the use of equipment, work space and supplies; and (c) the method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.

CRITICAL

Applies to

Transcript fee report

At least annually, each court reporter must report fees received for county indigent, state indigent, and private transcripts to the Indiana Supreme Court Division of State Court Administration using its prescribed forms.

(6) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the division of state court administration.

CRITICAL

Applies to

Extraordinary fee petition

Petitions requesting extraordinary fees must describe the services rendered specifically.

Fee petitions requesting extraordinary fees must set forth services rendered with specificity.

CRITICAL

Applies to

Request for relief

Must include

proposed order

A motion, petition, or other request for relief must be filed with a proposed order.

No Motion or Petition or other request for relief shall be filed without a proposed Order.

WARNING

Applies to

Waiver and consent

A waiver and consent stating that interested persons were advised of a request for extraordinary or above-guideline fees may allow the court to dispense with a hearing.

If all interested persons sign a waiver and consent stating that they have been advised of a request for extraordinary fees or fees exceeding the guidelines, a hearing may not be required.

INFO

Applies to

Proposed order

Opposing counsel are requested, where possible, to submit proposed alternative orders.

Opposing counsel are further requested, where possible, to submit to the Court proposed alternative Orders.