Pike County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance motion must be filed as soon as possible after the cause is discovered and no later than 10 days before the hearing or trial, unless an affidavit shows the reason arose within that period.
- An agreement to continue a hearing or trial must be signed by both counsel and the parties, or accompanied by proof of written notice to the parties instead of their signatures, and filed at least 10 days beforehand unless the Court allows a shorter period.
Page & Word Limits1 rule
Briefs shall not exceed twenty-five (25) pages in
- Brief
- Up to 25 pages
Document Format Requirements4 rules
The body of the text shall be no less than twelve (12) point font, and footnotes shall be no less than ten (10) point font. Margins, top and bottom, left and right, shall be one (1) inch.
- Font size
- 12 points
- Margins
- 1 inch
Formatting
- •Footnotes must be no less than 10-point font
Interrogatories shall be numbered consecutively to facilitate response.
Formatting
- •Interrogatories must be numbered consecutively to facilitate response
Plaintiff’s exhibits shall be identified by number; defendant’s shall be identified by letter.
Parties are encouraged to submit an additional copy of “non-pattern” jury instructions on computer diskette in a format compatible with Word Perfect (Windows).
Document Filing Requirements29 rules
A motion to compel must include a separate certification filed contemporaneously with the motion, stating that the moving party conferred or attempted to confer in good faith and providing the conference’s date, time, place, and participants; a motion without the certification will be summarily denied.
- Document
- Motion to compel
Must include
- •Certificate of conference
Court's wording
Motions to compel shall include a certification, which shall be made in a separate document filed contemporaneously with the motion, that the moving party has in good faith conferred, or attempted to confer, with the person or party in an effort to resolve the matter without court action. The certification shall also state the date, time and place of the conference or attempted conference, and the names of all person participating therein. Any motion to compel filed without this certification shall be summarily denied.
Exhibits of a nature that renders production impracticable at the conference shall be identified and notice given of the intended use. Necessary arrangements must be made to afford opposing counsel an opportunity to examine such exhibits.
The attorneys shall advise the Court regarding the result, if any, of settlement negotiations.
The parties must prepare a written stipulation covering intended trial exhibits, including their authenticity and admissibility.
Court's wording
Written stipulation shall be prepared concerning exhibits the parties intend to introduce at trial. The stipulation shall include, but not be limited to, the agreement of the parties concerning the authenticity and admissibility of the exhibits.
The attorneys shall stipulate, in writing, all material facts about which there exists no genuine issue.
A hearing request must be made in a separate motion served and filed with the initial or reply brief, and must state its purpose and the estimated hearing time.
Court's wording
A request for hearing on a motion shall be made by a separate motion served and filed with the initial brief or reply brief. The motion for hearing shall set forth specifically the purpose of the request and an estimate of the time reasonably required for the Court to devote to the hearing.
A non-moving party’s responsive brief must include a statement of genuinely disputed material facts supported by appropriate citations to evidence.
- Document
- Summary judgment response
Must include
- •Statement of facts
Court's wording
If the non-moving party files a responsive brief, if shall be accompanied by a statement of material facts, supported by appropriate citations to discovery responses, depositions, affidavits, and other admissible evidence, as to which the non-moving party contends there exists a genuine issue.
A proposed order shall accompany all motions, unless the Court otherwise directs.
- Document
- Motion
Must include
- •Proposed order
When findings and conclusions are required, counsel must submit proposed findings embracing all material facts proven and conclusions of law within 20 days after the relevant hearing or proceeding concludes.
Court's wording
In all cases where findings of fact and conclusions of law are required, counsel shall submit to the Court findings of fact counsel propose embrace all material facts proven, and conclusions of law thereon within twenty (20) days after the conclusion of a hearing or proceedings from which such findings and conclusions must be made by the Court.
Any motion filed pursuant to Ind. Trial Rule 56, shall be accompanied by a separate, supporting brief and a statement of material facts, supported by appropriate citations to discovery responses, depositions, affidavits, and other admissible evidence, as to which the moving party contends there is no genuine issue.
- Document
- Summary judgment motion
Must include
- •Statement of facts
All motions concerning substantive issues shall be accompanied by a separate, supporting brief.
An information for contempt shall be filed. To proceed on a information for contempt, a proceedings supplemental must have been filed and an order of garnishment or personal order of garnishment obtained.
Whenever a judgment debtor fails to appear for a hearing on a complaint in proceedings supplemental, no body attachment warrant shall issue until after the judgment plaintiff files a petition directing the judgment defendant to show cause for the failure to appear.
Each instruction shall contain citations to supporting authority.
A proposed division of the debts of the marital estate.
An income and property disclosures form, itemizing all assets of the parties, real and personal, existing on the date of filing of the Petition for Dissolution of Marriage, along with the fair market value of each item.
A proposed division of the assets comprising the marital estate.
The parties must submit a stipulation of undisputed facts, if any, and must certify in writing when they cannot stipulate to a factual matter.
Court's wording
A stipulation of facts about which there is no genuine issue, if any. If the parties are unable to reach stipulation regarding any factual matter, the parties shall certify, in writing, that stipulation could not be reached.
Each party must submit an itemized list of all debts, their balances and payment amounts, and who is liable for each debt.
Court's wording
An itemized list of all debts of the parties with the balance due thereon, the amount of monthly or weekly payments on said debts, and a statement of who is liable on each debt.
The State must provide the Court with written notice of compliance within 40 days of the Discovery Order.
Court's wording
II. Notice of Compliance by State. Within forty (40) days of the date of this Discovery Order, the State shall provide the Court, in writing, with notice of its compliance with the foregoing provisions of this Discovery Order.
(F) Inform the Court and State of any objection to evidence which the State has given notice of intent to offer, pursuant to Evid.R. 404(b), by filing of a motion in limine;
Counsel for the defendant shall provide to the State, in written form, within sixty (60) days of the date of this Discovery Order:
V. Final Witness and Exhibit List. Final witness and exhibit lists shall be exchanged by the parties and filed with the Court at or before the final pre-trial conference in this cause.
Defendant’s counsel must provide the Court with written notice of compliance within 60 days of the Discovery Order.
Court's wording
IV. Notice of Compliance by Defendant. Within sixty (60) days of the date of this Discovery Order, counsel for the Defendant shall provide the Court, in writing, with notice of defendant’s compliance with the foregoing provisions of this Discovery Order.
the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
Court reporters must report transcript fees to the Division at least annually using its prescribed forms.
Court's wording
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
Any explanation of property, income, or expense, that either party wishes to provide shall be set forth in writing and accompany the above items.
Indiana Pattern Jury Instructions are to be used whenever possible.
Each party may submit proposed pattern jury instructions and up to 10 non-pattern instructions by the final pre-trial conference.
Court's wording
X. Jury Instructions. At or before the final pre-trial conference in this cause, each party may submit to the Court proposed pattern jury instructions and up to ten (10) non- pattern jury instructions to be considered by the Court for reading to the petit jury at the trial of this cause.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in Pike County.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
Non-attorneys are encouraged to e-file in Pike County.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
Plaintiff must file a witness and exhibit list at least 60 days before trial.
Plaintiff shall file a list of witnesses, including experts, and exhibits at least sixty (60) days prior to the scheduled trial date.
Page 5 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Pre-trial motions must be filed at least 30 days before the scheduled trial date.
Pre-trial motions shall be filed at least thirty (30) days prior to the scheduled trial date.
Page 5 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Defendant must file the same witness and exhibit list at least 50 days before trial.
Defendant shall file the same at least fifty (50) days prior to the scheduled trial date.
Page 5 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Required proposed findings of fact and conclusions of law must be submitted within 20 days after the relevant hearing or proceeding concludes.
In all cases where findings of fact and conclusions of law are required, counsel shall submit to the Court findings of fact counsel propose embrace all material facts proven, and conclusions of law thereon within twenty (20) days after the conclusion of a hearing or proceedings from which such findings and conclusions must be made by the Court.
Page 6 | MOTION PRACTICE
The non-moving party must serve and file a responsive brief within 30 days after service of the initial brief.
The non-moving party shall have thirty (30) days after service of the initial brief in which to serve and file a responsive brief.
Page 6 | MOTION PRACTICE
A non-movant seeking to file a responsive brief or request relief from Trial Rule 56(C)’s timing requirements must do so within 30 days after service of the summary judgment motion.
If the non- moving party wishes to file a responsive brief, or request relief from the time requirements of Trial Rule 56(C), the non-movant shall do so within thirty (30) days after service of the summary judgment motion.
Page 6 | MOTION PRACTICE
A proceedings supplemental complaint may not be filed until 10 days after judgment, except for good cause shown.
Except for good cause shown, a complaint in proceedings supplemental may not be filed until ten (10) days have elapsed since the date judgment was entered by the Court.
Page 7 | PROCEEDINGS SUPPLEMENTAL
A proceedings supplemental hearing must be held at least 20 days after the complaint is served on the judgment defendant.
A proceedings supplemental hearing shall be held not less than twenty (20) days after service of the complaint in proceedings supplemental on the judgment defendant.
Page 7 | PROCEEDINGS SUPPLEMENTAL
Proposed preliminary and final jury instructions must be filed no later than 10 days before trial.
Proposed preliminary and final jury instructions shall be filed and served no later than ten (10) days prior to trial.
Page 8 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Each party must file the listed divorce or separation submissions at least 20 days before the final hearing.
Each party to an action for divorce or separation shall file with the Court, not later than twenty (20) days prior to the date of the final hearing, the following items:
Page 9 | DIVORCE OR SEPARATION CASES
The State's written compliance notice is due within 40 days of the Discovery Order.
II. Notice of Compliance by State. Within forty (40) days of the date of this Discovery Order, the State shall provide the Court, in writing, with notice of its compliance with the foregoing provisions of this Discovery Order.
Page 13 | Notice of Compliance by State
Defense counsel's specified written discovery disclosures are due to the State within 60 days of the Discovery Order.
Counsel for the defendant shall provide to the State, in written form, within sixty (60) days of the date of this Discovery Order:
Page 14 | Information to be Provided by the Defendant Within Sixty (60) Days
Substantive motions, specified requests, and notices not governed by statutory deadlines must be filed at least 21 days before trial unless the moving party shows good cause.
IX. Pre-Trial Motions. All substantive motions, including Motions to Suppress, Motions to Dismiss, 404(b) requests, and Notices which are not controlled by statutory deadlines shall be filed no later than twenty-one (21) days prior to trial unless good cause can be shown by the moving party.
Page 15 | Pre-Trial Motions
All depositions and discovery must be completed at least 21 days before the scheduled trial date.
VII. Discovery Deadline. All depositions and discovery shall be completed at least twenty-one (21) days prior to the scheduled trial date in this cause.
Page 15 | Discovery Deadline
Written notice of the Defendant’s compliance is due within 60 days of the date of the Discovery Order.
IV. Notice of Compliance by Defendant. Within sixty (60) days of the date of this Discovery Order, counsel for the Defendant shall provide the Court, in writing, with notice of defendant’s compliance with the foregoing provisions of this Discovery Order.
Page 15 | Notice of Compliance by Defendant
Final witness and exhibit lists must be filed with the Court at or before the final pre-trial conference.
V. Final Witness and Exhibit List. Final witness and exhibit lists shall be exchanged by the parties and filed with the Court at or before the final pre-trial conference in this cause.
Page 15 | Final Witness and Exhibit List
Parties may furnish trial briefs to the Court up to 2 days before trial, provided all opposing counsel receive notice of the intent to submit a brief at least 10 days before trial.
Trial briefs may be furnished to the Court by the parties not later than two (2) days before trial, providing notice of intention to submit a trial brief is given to all opposing counsel at least ten (10) days prior to trial.
Page 8 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Jury instructions addressing issues that could not reasonably have been anticipated may be submitted during trial.
Instructions covering issues arising at trial, which could not reasonably be anticipated, may be submitted during the trial.
Page 8 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Service and Proof of Service Rules
The notice of extension used to obtain the automatic extension must be served on all parties.
A party required to plead or otherwise respond to a complaint, counterclaim, or cross-claim may obtain an automatic extension of thirty (30) days beyond the time prescribed by Ind. Trial Rule 6(C) to plead or otherwise respond to the complaint, counterclaim, or cross-claim by filing a notice of extension with the Court and serving all parties.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
Each attorney must mark anticipated trial exhibits for identification and furnish a copy to opposing counsel.
Each attorney shall mark for identification and furnish opposing counsel with a copy of all exhibits which the attorney expects to introduce at trial.
Page 5 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
After the defendant fails to appear at the show-cause hearing, the Court may issue a body attachment warrant only upon proof that the defendant was served notice of both hearings.
If the defendant fails to appear at the show cause hearing, the Court may issue a body attachment warrant upon proof that the defendant was served with notice of the original proceedings supplemental hearing and the show cause hearing.
Page 7 | BODY ATTACHMENTS
Notice of intent to submit a trial brief must be given to all opposing counsel at least 10 days before trial.
Trial briefs may be furnished to the Court by the parties not later than two (2) days before trial, providing notice of intention to submit a trial brief is given to all opposing counsel at least ten (10) days prior to trial.
Page 8 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Proposed preliminary and final jury instructions must be served no later than 10 days before trial.
Proposed preliminary and final jury instructions shall be filed and served no later than ten (10) days prior to trial.
Page 8 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
The paragraph (A) submissions must be served in accordance with Indiana Trial Rule 5.
The items prescribed by paragraph (A) of this rule shall be served in accordance with Ind. Trial Rule 5.
Page 9 | DIVORCE OR SEPARATION CASES
The parties must exchange their final witness and exhibit lists with one another by the final pre-trial conference.
V. Final Witness and Exhibit List. Final witness and exhibit lists shall be exchanged by the parties and filed with the Court at or before the final pre-trial conference in this cause.
Page 15 | Final Witness and Exhibit List
A party that finds additional information, facts, objects, or persons covered by the Discovery Order must promptly notify the other party in writing.
VI. Supplementation of Discovery Responses. Should either party find, at any time, additional information, facts, objects or persons which would be subject to, or covered by, this Discovery Order, that party shall promptly notify the other party, in writing, of the finding.
Page 15 | Supplementation of Discovery Responses
Trial briefs need not be served on opposing counsel unless the Court orders service.
Service upon opposing counsel is not required, unless ordered by the Court.
Page 8 | PRE-TRIAL SUBMISSIONS AND EXHIBITS
Adjournment & Extension Requirements
A party responding to a complaint, counterclaim, or cross-claim may obtain an automatic 30-day extension beyond the time prescribed by Ind. Trial Rule 6(C) by filing a notice of extension with the Court and serving all parties.
A party required to plead or otherwise respond to a complaint, counterclaim, or cross-claim may obtain an automatic extension of thirty (30) days beyond the time prescribed by Ind. Trial Rule 6(C) to plead or otherwise respond to the complaint, counterclaim, or cross-claim by filing a notice of extension with the Court and serving all parties.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
A continuance motion must be filed as soon as possible after the cause is discovered and no later than 10 days before the hearing or trial, unless an affidavit shows the reason arose within that period.
A motion for continuance must be filed as soon as possible after the cause for continuance is discovered, and not later than ten (10) days before a hearing or trial, unless the reason for continuance is shown by affidavit to have occurred within that period.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
Requests for additional extensions must be made by motion and hearing unless the parties agree otherwise.
Requests for additional extensions of time shall be made by a motion and hearing unless agreed to by the parties.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
An agreement to continue a hearing or trial must be signed by both counsel and the parties, or accompanied by proof of written notice to the parties instead of their signatures, and filed at least 10 days beforehand unless the Court allows a shorter period.
An agreement by counsel to continue a hearing or trial of any pending matter shall be signed by both counsel and parties, or by proof of written notice to the parties in lieu of their signatures, and filed at least then (10) days before hearing or trial, or such shorter period as the Court in its discretion may allow.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
A continuance motion must be made for good cause, in writing, and promptly served on the opposing party, except when made during the hearing.
A motion for continuance, unless made during the hearing of a matter, shall be made for good cause, in writing, and promptly served upon the opposing party.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
A continuance motion may be granted ex parte only if the moving party’s attorney certifies in writing the efforts made to give notice and the reasons actual notice should not be required.
A motion for continuance may be granted ex parte only if the moving party’s attorney certifies to the Court, in writing, the efforts made to give notice and the reasons supporting the moving party’s claim that actual notice should not be required.
Page 3 | CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME
A continuance within 10 days of trial will not be granted unless extenuating, unforeseeable circumstances beyond the movant’s fault exist.
XII. Continuance. A continuance will not be granted, absent extenuating, unforeseeable circumstances of no fault of the movant, within ten (10) days of the scheduled trial date.
Page 16 | Continuance
A proceedings supplemental hearing will not be continued for progress after an order of garnishment or personal order of garnishment has been obtained.
Proceedings supplemental hearings will not be continued for progress after an order of garnishment or personal order of garnishment has been obtained.
Page 7 | PROCEEDINGS SUPPLEMENTAL
Additional time for depositions and discovery requires leave of Court and a showing of good cause.
Additional time for depositions and discovery may be obtained only by leave of this Court for good cause shown.
Page 15 | Discovery Deadline
Chambers Communication Rules
Counsel for the moving party must respond promptly to court personnel’s telephone request to appear; requesting a body attachment constitutes consent to that notice.
Counsel for the moving party shall respond to the telephone request by court personnel to appear at the hearing forthwith, and counsel shall be deemed to have consented to such notice to appear by requesting a body attachment.
Page 7 | BODY ATTACHMENTS
Parties must bring discovery disputes to the Court in time and in a manner that permits a hearing without compromising the trial date.
VIII. Discovery Matter in Controversy. Any discovery matters in controversy between the parties shall be brought to the Court’s attention in such time and manner to allow a hearing to be conducted to resolve the matter without compromising the scheduled trial date.
Page 15 | Discovery Matter in Controversy
Parties or their attorneys must arrange with the Bailiff to inspect completed jury questionnaires, which are available before trial.
Completed jury questionnaire forms shall be available for inspection by the parties, or their attorneys, in the cause in which prospective jurors who have completed such forms may be called, at any time prior to trial. Arrangements for inspection shall be made by the parties, or their attorneys with the Bailiff of the Pike Circuit Court.
Page 22 | JURIES
For questions about jury duty, an upcoming court date, or an unavailable case document, contact the local court directly.
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