Judge Evan Biesterveld

Applies to

Motion to compel

Must include

certificate of conference

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.

Applies to

Trial exhibits

If an exhibit cannot practicably be produced at the conference, it must be identified, notice of its intended use given, and arrangements made for opposing counsel to examine it.

Applies to

Exhibit stipulation

The parties must prepare a written stipulation covering intended trial exhibits, including their authenticity and admissibility.

Pre-trial motions must be filed at least 30 days before the scheduled trial date.

Plaintiff must file a witness and exhibit list at least 60 days before trial.

Defendant must file the same witness and exhibit list at least 50 days before trial.

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 continuance motion must be made for good cause, in writing, and promptly served on the opposing party, except when made during the hearing.

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.

The notice of extension used to obtain the automatic extension must be served on all parties.

Applies to

Trial exhibits

Each attorney must mark anticipated trial exhibits for identification and furnish a copy to opposing counsel.

Applies to

Hearing notices

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.