Pike County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Information for contempt

An information for contempt must be filed, and proceeding on it requires a filed proceedings supplemental and an order of garnishment or personal order of garnishment.

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.

CRITICAL

Applies to

Hearing request

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.

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.

CRITICAL

Applies to

Summary judgment response

A non-moving party’s responsive brief must include a statement of genuinely disputed material facts supported by appropriate citations to evidence.

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.

CRITICAL

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.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Proposed division of marital debts

Each party must submit a proposed division of the marital estate’s debts.

A proposed division of the debts of the marital estate.

CRITICAL

Applies to

Settlement negotiation report

The attorneys must advise the Court of the result, if any, of settlement negotiations.

The attorneys shall advise the Court regarding the result, if any, of settlement negotiations.

CRITICAL

Applies to

Income and property disclosures form

Each party must submit an income and property disclosures form listing the parties’ assets as of the petition filing date and the fair market value of each item.

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.

CRITICAL

Applies to

Proposed division of marital assets

Each party must submit a proposed division of the marital estate’s assets.

A proposed division of the assets comprising the marital estate.

CRITICAL

Applies to

Claim

For county indigent transcripts, the court reporter must submit a claim directly to the county.

the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order must accompany every motion unless the Court directs otherwise.

A proposed order shall accompany all motions, unless the Court otherwise directs.

CRITICAL

Applies to

Jury instruction

Each proposed jury instruction must contain citations to supporting authority.

Each instruction shall contain citations to supporting authority.

CRITICAL

Applies to

Exhibit stipulation

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

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.

CRITICAL

Applies to

Proposed findings conclusions

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.

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.

CRITICAL

Applies to

Stipulation of facts

The parties must submit a stipulation of undisputed facts, if any, and must certify in writing when they cannot stipulate to a factual matter.

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.

CRITICAL

Applies to

Petition to show cause

If a judgment debtor fails to appear at a proceedings supplemental hearing, the judgment plaintiff must first file a petition directing the defendant to show cause before a body attachment warrant may issue.

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.

CRITICAL

Applies to

Fact stipulation

The attorneys must stipulate in writing to all material facts that are not genuinely disputed.

The attorneys shall stipulate, in writing, all material facts about which there exists no genuine issue.

CRITICAL

Applies to

Motion in limine

The defendant must raise any objection to noticed Evid.R. 404(b) evidence by filing a motion in limine.

(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;

CRITICAL

Applies to

Summary judgment motion

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.

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.

CRITICAL

Applies to

Transcript fee report

Court reporters must report transcript fees to the Division at least annually using its prescribed forms.

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

CRITICAL

Applies to

Final witness and exhibit lists

The parties must exchange and file their final witness and exhibit lists 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.

CRITICAL

Applies to

Notice of compliance

The State must provide the Court with written notice of compliance 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.

CRITICAL

Applies to

Itemized debt list

Each party must submit an itemized list of all debts, their balances and payment amounts, and who is liable for each debt.

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.

CRITICAL

Applies to

Notice of compliance

Defendant’s counsel must provide the Court with written notice of compliance within 60 days 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.

CRITICAL

Applies to

Substantive motion

Every motion concerning a substantive issue must include a separate supporting brief.

All motions concerning substantive issues shall be accompanied by a separate, supporting brief.

CRITICAL

Applies to

Defendant discovery disclosures

Defense counsel must provide the State the specified discovery information in writing 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:

WARNING

Applies to

Written explanation

Any explanation a party wishes to provide about property, income, or expenses must be in writing and accompany the other submissions.

Any explanation of property, income, or expense, that either party wishes to provide shall be set forth in writing and accompany the above items.

INFO

Applies to

Jury instructions

Each party may submit proposed pattern jury instructions and up to 10 non-pattern instructions by the final pre-trial conference.

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.

INFO

Applies to

Jury instruction

Parties should use Indiana Pattern Jury Instructions whenever possible.

Indiana Pattern Jury Instructions are to be used whenever possible.