Porter County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- On a motion to continue the initial hearing, the Court may grant or deny the motion or instead strike the hearing and set a later bench trial.
- A continuance requires a verified written motion stating the cause and good cause; it may not be granted within ten days of a hearing or bench trial unless the opposing party agrees and a Judge approves.
- A trial continuance may not extend beyond nine months after filing unless extreme hardship or emergency is shown to the Court, which must be notified immediately upon learning of the hardship.
- +18 more
Request must include
- A continuance motion or stipulation must be filed promptly after the cause is discovered and at least 14 days before trial or hearing, unless an affidavit shows good cause arose within that period.
Page & Word Limits2 rules
The transmission may not exceed ten (10) pages in length including the cover sheet. The ten (10) page maximum applies whether the sender is faxing on multiple cases (i.e. not 10 pages per case). Any transmission over ten (10) pages may be rejected by the Court in its entirety.
- Page limit
- Up to 10 pages
- Facsimile transmission
The transmission may not exceed ten (10) pages in length including the cover sheet. The ten (10) page maximum limit is applicable whether the sender is faxing on multiple files.
- Page limit
- Up to 10 pages
Document Format Requirements23 rules
All filings shall be placed on white, 8-1/2" x 11" paper, with printing or writing on one side only.
- Paper size
- Letter
Formatting
- •Printing or writing must appear on one side only
The joint property exhibit must include all divisible assets and follow the specified asset-form layout.
Court's wording
Said exhibit shall be presented to the court in the following form and shall include all assets of the parties subject to division by the court: EXAMPLE ASSET FORM ASSET NUMBER ASSET NAME WIFE=S VALUE HUSBAND=S VALUE AGREED VALUE COURT=S VALUE
Said exhibit shall be presented to the court in the following form:
Formatting
- •Identify how the account is titled, as shown in the example
Filings may be either printed or typewritten on white, 8-1/2" x 11" paper, with lines double spaced except for quotations, which shall be indented and single spaced and printed on one side only. Copies of filings shall likewise be printed on white paper. Legal-size paper is not permitted. Legible handwritten filings may be accepted in the discretion of the Court.
- Paper size
- Letter
Formatting
- •Print on one side only
- •Use double spacing except that quotations must be indented and single spaced
- •Legal-size paper is not permitted
If the filing requires the immediate attention of the Judge, it shall so indicate in bold letters in an accompanying transmittal memorandum.
Printed documents must have one-inch margins, be bound or stapled only at the top left, and have no covers or backing.
- Margins
- 1 inch
Court's wording
3200.60 Margins and Bindings. Margins shall be one inch (1") on all four sides of the printed document. Binding or stapling shall be at the top left hand side and at no other place. Covers or backing shall not be used.
All pleadings, documents and papers presented for filing to the Clerk shall be flat, unfolded, arranged in chronological order and affixed in flat file folders by standard prong fasteners.
Formatting
- •Papers must be arranged in chronological order
(3) Additional space shall be left by the propounder at the close of the interrogatories so that a typewritten signature line and appropriate typed oath or affirmation may be inserted by the responder.
Interrogatories shall be tailored specifically to each cause in which they are filed, and shall be consecutively numbered to facilitate response.
- Interrogatories
Formatting
- •Number interrogatories consecutively
The propounder must leave reasonably sufficient space for a typewritten answer after each interrogatory and separately answered subpart; the responder must attach and incorporate supplemental pages if more space is needed.
Court's wording
(2) After each interrogatory and every subpart requiring a separate answer, sufficient blank space shall be left by the propounder as is reasonably anticipated may be required for the responder's typewritten answer. If additional space is required for an answer, the responder shall attach supplemental pages, incorporated by reference, to comply with the spirit of T.R. 33.
(D) Duplicated Forms. No duplicated forms containing interrogatories shall be filed or served upon a party unless all interrogatories on such forms are consecutively numbered and applicable to the cause in which the same are filed and served.
Any application to the Court for an order shall be made by a written motion, unless made during the trial or the hearing, when the Court permits it to be made orally.
Any pre-trial motions must be submitted in writing seven (7) days prior to the pre-trial conference.
Pleadings filed by mail or left with the Court must include a sufficiently sized, self-addressed, stamped return envelope.
Court's wording
When pleadings are filed by mail, or left with the Court for filing, a self-addressed, stamped envelope sufficient for the number of pages being returned shall be included for return of documents to the attorney.
The name and address of the insurance agency providing the corporate surety bond shall be typed or printed on all corporate bonds in any estate or guardianship.
All accountings shall follow the prescribed statutory format. Informal, handwritten, or transactional accountings will not be accepted.
Originals or photocopies of the prescribed forms are acceptable; other forms or copies require the assigned Judge's approval.
Formatting
- •Originals or photocopies of the prescribed forms are acceptable for filing
Court's wording
Originals or photocopies of the forms described in LR64-SC2-1100.10 shall be acceptable for filing. Any other form, photocopy or computer generated copy thereof presented to the Clerk shall be accepted for filing upon approval of the Judge to whom the case is assigned.
(If yes, supply social security numbers for all family members on a separately attached document filed as confidential information on light green paper. Use Form TCM-TR3.1-4.)
Legibility of documents and timeliness of filing is the responsibility of the sender.
The State’s criminal-history filing must be on green paper and kept in the red confidential file.
Court's wording
At the time of the filing of a new infraction, misdemeanor or felony case, the State shall file on green paper to be kept in the red confidential file, a complete and accurate criminal history of the Defendant using the NCIC, MCF or other form developed by the prosecutor or directed by the courts.
A rubber stamp or facsimile signature on the original shall not be acceptable.
Formatting
- •Rubber-stamp and facsimile signatures are not acceptable on the original
The following form is recommended:
Formatting
- •The attorney signature form displayed in the document is recommended
Unless otherwise provided by law or rule, only the original copy of a motion need be filed.
Document Filing Requirements190 rules
Parties or their attorneys are solely responsible for tender to the Court of any documents desired to be filed in complete and correct form, together with proper costs and the correct number of copies, as determined by the Clerk.
All small claims shall be filed on forms furnished by the Clerk of the Court.
The parties are solely responsible to advise the Court in writing of any change of address.
In every case on an account, an Affidavit of Debt required by Indiana Small Claims Rule 2(B) shall be filed with the Notice of Claim.
All motions for continuance must be made in writing by the party or by the party=s attorney who has filed a written appearance on behalf of said party.
Any claim may be dismissed by filing a stipulation of dismissal signed by all parties to the claim.
Any Defendant may request a jury trial by submitting a written request to the court no fewer than ten (10) days after receipt of the Notice of Claim.
At least seven (7) days prior to the damages hearing, the landlord shall have filed the Landlord Computation of Damages Form (See Appendix 1).
For any matter in which a party is seeking an award of attorney fees, the attorney shall submit and file an Attorney Fee Affidavit detailing the hourly rate, number of hours performed, type of work performed and total fee requested.
At the damages hearing, the parties shall be required to advise the Court of any subsequent change of address during the pendency of the action.
In the event attorney fees are requested pursuant to a written agreement a copy of said agreement shall be filed with the Court.
A body-attachment request must include a filed Affidavit in Support of Bench Warrant showing notice and service on the debtor, a current and good address, and sufficient assets for levy.
Court's wording
the judgment creditor or attorney for judgment creditor has filed a form entitled AAffidavit in Support of Bench Warrant@ which affirmatively shows the Court that notice and service has been obtained upon the judgment debtor, that the address being utilized is current and good, and that sufficient assets exist upon which a levy can be made;
Counsel has filed an accounting of all payments on judgments received exclusive of payments made through the Clerk, together with a balance due on the account;
To obtain a stay in each relevant action, the judgment debtor must file the specified bankruptcy notice or cover sheet, or a motion to stay containing the required bankruptcy details and address matrix or schedule.
Court's wording
All actions, including pending collection proceedings, shall be stayed as to any Judgment Debtor who files with the Court in each relevant action one (1) copy of the Bankruptcy Court=s notice of relief (or Bankruptcy Cover sheet showing date of filing, cause number, applicable bankruptcy chapter) or who files with the Court in each relevant action a Motion to Stay reciting the filing of bankruptcy by the Judgment Debtor and resultant stay of all proceedings by the Bankruptcy Court, including the cause number, date of filing, bankruptcy chapter, and attaching a copy of the applicable address matrix or schedule showing the listing of the creditor, and the name of the Bankruptcy Court.
Debtor=s counsel shall file a Proposed Order of Stay with the Court which shall include a provision to recall any and all outstanding bench warrants.
Before a garnishment order may issue, answered interrogatories or other employment verification must be returned, or the garnishee-defendant must have failed to answer interrogatories after notice.
Court's wording
A Garnishment Order shall not issue with respect to a judgment debtor's wages or other property without: (1) an active proceeding supplemental as to the judgment debtor; (2) service on the garnishee-defendant of the proceeding supplemental by: (a) first-class mail, certified mail, or refusal thereof, (b) Sheriff's service, or; (c) private process server; and (3) return of answered interrogatories, other verification of employment by the garnishee-defendant, or failure to answer interrogatories after notice.
A Motion to Dissolve Bankruptcy Stay on account of dismissal of a bankruptcy must include the Order from the United States Bankruptcy Court showing dismissal.
Plaintiff must return this form personally or by first class mail to the Clerk=s Office on or before seven (7) calendar days before the scheduled trial.
Each party must attach reasonably required and reasonably available information verifying assets, liabilities, and values, including the listed financial records; subpoenaed material and material held by the other party are not considered reasonably available.
Court's wording
For the purposes of providing a full and complete verification of assets, liabilities and values, each party shall attach to the Form all information reasonably required and reasonably available. This shall include recent bills, wage and tax records, and bank, pension and year-end mortgage statements. "Reasonably available" means that material which may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed or is in possession of the other party.
Provided, however, when the proceeding is post-decree and concerns an arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete merely that portion thereof which requires specification of the basis of the arrearage calculation (with appropriate supporting documentation).
However, once an appraisal is obtained, it must be exchanged.
In all proceedings involving child support, each party shall file with any settlement, or enter into evidence during any trial, Indiana Child Support Guidelines worksheets - one or more depending on the facts.
If an agreement concerning support contains deviation ten percent (10%) or more from the Guidelines, the parties shall present to the Court a written explanation, with supporting documents, justifying the deviation.
The worksheet(s) shall be promptly supplemented if any changes occur prior to resolution.
Additionally, pursuant to Trial Rule 26(E)(2) and (3), the Form shall be supplemented if additional material becomes available.
Submit a written report of his or her finding to the Court prior to the matter being heard by the Court.
The Guardian Ad Litem shall file a fee affidavit or motion with the Court if the Guardian Ad Litem needs additional fees to bring the fees current or to cover fees anticipated for the completion of the investigation, preparation of the report or appearance in court.
For cases assigned to the Porter County Family Court, submitted orders must include enough copies and the same number of postage-paid addressed envelopes to mail a copy to each party or counsel of record and to the Family Court.
Court's wording
LR64-FL00-2600.3 Required Number of Copies. In all cases that been assigned to the Porter County Family Court, it shall be the responsibility of the parties to make sure that Family Court receives a copy of all Orders. Therefore, all orders submitted to the Court shall be accompanied by a sufficient number of copies and the same number of postage paid addressed envelopes, so that a copy may be mailed to each party or counsel of record and a copy to the Family Court.
LR64-FL00-2400.7 Form of Order. Whenever a Guardian Ad Litem is appointed the Appointment of Guardian Ad Litem Order (See Appendix D) shall be prepared and submitted for approval of the Court.
If counsel disputes approval of an order’s form or believes unauthorized additions are being attempted, either attorney may submit a proposed order to the Court with a written explanation of the dispute attached.
Court's wording
LR64-FL00-2600.2 Additions. If the preparing attorney believes the receiving attorney is unreasonably withholding approval as to the form of order, or if either attorney believes the other is attempting to make additions not addressed by the Court, either may submit a proposed form of order to the Court, and shall attach thereto a written explanation of the dispute.
(2) A copy of the written fee contract, if any, shall be attached to the affidavit and be deemed as part thereof.
(1) The affidavit shall indicate the: (a) requested fee and the basis thereof; (b) amount counsel has billed, contracted for or been promised, and; (c) amount counsel has received from all sources.
LR64-FL00-2900.1 Signed Agreements Required. No agreed matter shall be submitted unless accompanied by a signed agreement, and other appropriate documents, such as a decree, a wage-withholding order, or a Qualified Domestic Relations Order. However, if the parties reach an agreement "on the courthouse steps", then the Court will accept evidence of
2800.1 Affidavits. When attorney fees, except those sought provisionally, are requested from the opposing party, the requesting attorney shall submit an appropriate affidavit, which the Court may admit as an exhibit.
The original and one copy of all orders shall be retained by the Clerk.
A copy of the TransParenting certificate shall be filed with the Court prior to the final hearing or shall be attached to the final decree as an exhibit thereto.
The application and fee must be returned to the agency conducting the seminar.
Financial Declaration Forms, complete with supporting exhibits
- Document
- Financial declaration forms
Include
- •Complete with supporting exhibits
The preparation of a master list of the parties= real and personal property, which list shall be submitted by the parties to the court as a joint exhibit at the Final Pre-Trial Conference.
The preparation of a master debt list, which shall be submitted by the parties to the court as a joint exhibit at the Final Pre-Trial Conference.
IN ALL CASES INVOLVING CHILD SUPPORT: Prepare and attach an Indiana Child Support Guideline Worksheet (with documentation verifying your income); or, supplement with such a Worksheet within ten (10) days of the exchange of this Form.
If you allege the existence of a child support, maintenance, or other arrearage, attach all records or other exhibits regarding the payment history and compute the child support arrearages.
You must attach a Child Support Guideline Worksheet to your Financial Declaration Form or one must be exchanged with the opposing party/counsel within 10 days of receipt of the other parties= Financial Declaration Form.
All property is to be listed regardless of whether it is titled in your name only or jointly or if property you own is being held for you in the name of a third party.
The marital bills, debts, and obligations section must list all bills, debts, and obligations regardless of whose name they are in, except monthly expenses paid in full each month.
Court's wording
XII. MARITAL BILLS, DEBTS, AND OBLIGATIONS (list every single bill, debt and obligation regardless of whether the bill is titled in your name, your spouse=s name, or jointly. Please include all mortgages, 2nd mortgages, home equity loans, charge cards, other loans, credit union loans, car payments, and unpaid medical bills, etc. Do not include monthly expenses such as utilities that are paid in full every month.)
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Facsimile transmissions must be sent directly to the applicable court, and may be sent to the Clerk of Court only in an emergency.
Facsimile transmissions shall be sent directly to the applicable court and only to the Clerk of Court upon emergency.
Page 70 | LR64-TR03-3200 PREPARATION OF FILINGS
A facsimile transmission will not be accepted if the filing requires payment of a fee.
The electronic facsimile transmission will not be accepted for filing if its filing requires the payment of any fee.
Page 70 | LR64-TR03-3200 PREPARATION OF FILINGS
Pro se litigants may not submit facsimile transmissions.
Facsimile transmissions shall not be accepted from Pro Se litigants.
Page 70 | LR64-TR03-3200 PREPARATION OF FILINGS
When special findings are required or requested, counsel must submit proposed special findings electronically and by hard copy.
In all cases in which the court is required to enter special findings of fact or the parties request the Court to issue special findings of fact, counsel of record shall submit to the court in an electronic format and by hard copy filing Proposed Special Findings embracing all the facts which they allege to have been proved and relevant conclusions of law thereon.
Page 119 | SPECIAL FINDINGS OF FACT
A person must have an authorized password and user identification to create a new case in Quest.
In order to create a new case in the court computer system (Quest), a person must have a password and user identification granting access to the system.
Page 125 | ELECTRONIC FILING OF PLEADINGS — New Cases
A person accessing court files electronically must obtain a unique password and user identification and execute a user agreement with the Court.
In order to access court files electronically, a person must; Obtain a unique password and user identification; and Execute a user agreement with the Court.
Page 125 | ACCESS
Each person is responsible for their password, and no one may knowingly use or cause another to use someone else's password without permission or in violation of the rules.
Each person is responsible for the use of his password. No person shall knowingly utilize or cause another person to utilize the password of another without permission of the holder of the password or in violation of these rules.
Page 126 | PASSWORD
An attorney may not knowingly allow anyone other than an employee of the attorney's law firm to use the attorney's user name and password.
No attorney shall knowingly permit or cause to permit his user name and password to be utilized by anyone other than an employee of his law firm.
Page 126 | PASSWORD
Facsimile filing is permitted in Porter County Circuit and Superior Courts, subject to the stated guidelines.
As outlined below, facsimile filing is permitted in the Circuit and Superior Courts of Porter County under the following guidelines:
Page 69 | LR64-TR03-3200 PREPARATION OF FILINGS
Do not also file a hard copy of a fax transmission; any simultaneous hard copies will be returned or destroyed by Court Staff.
A hard copy of the fax transmission shall not also be filed with the Court. Simultaneous hard copies shall be either returned to the sender or destroyed by Court Staff.
Page 70 | LR64-TR03-3200 PREPARATION OF FILINGS
Pro se litigants may not file by facsimile.
Facsimile transmissions shall not be accepted by Pro Se litigants.
Page 88 | 4700.50 Facsimile Transmissions
A hard copy of a fax transmission must not also be filed with the Court.
A hard copy of the fax transmission shall not also be filed with the Court.
Page 88 | 4700.50 Facsimile Transmissions
When an attorney withdraws an appearance, the attorney's access to file pleadings in that case will be removed.
Whenever an attorney withdraws his appearance in a case, his accessibility to that case for the filing of pleadings will be removed.
Page 125 | ELECTRONIC FILING OF PLEADINGS — Existing Cases
Routine pleadings, including inventories, inheritance tax schedules, and final reports, may be filed with the Clerk for transmittal to the Court.
Routine pleadings, such as inventories, inheritance tax schedules, and final reports, may be filed with the Clerk for transmittal to the Court.
Page 95 | LR64-PR00-5100 PLEADINGS
Beginning January 1, 2007, electronic filing is permitted for documents in electronically initiated cases, except for documents the Court specifically excludes.
Effective January 1, 2007, all documents (other than those specifically excepted by the Court) may be filed electronically in all cases, so long as the case was initiated electronically.
Page 124 | LR64-EF00-9300 JURISDICTION AND RELATED CASES
Existing cases are not required to convert to the computer system before activity occurs in the case.
Existing cases will not be required to convert to the computer system until some activity occurs in the case.
Page 124 | LR64-EF00-9300 JURISDICTION AND RELATED CASES
After accepting the appearance form, the Clerk will enable the appearing person to file pleadings in that case.
Upon accepting the appearance form filing, the Clerk will make that case accessible for the filing of pleadings by the person who has made the appearance.
Page 125 | ELECTRONIC FILING OF PLEADINGS — Existing Cases
A person may obtain a QUEST password and user name through a user agreement with the QUEST Coordinator in the Porter County Juvenile Probation Office.
Access to the court case management system QUEST may occur by obtaining the password and user name through a user agreement with the QUEST Coordinator in the Porter County Juvenile Probation Office.
Page 126 | PASSWORD
Filing Timing and Cure Windows
The filing-fee difference must be paid within ten days after the jury request is granted, or the Court may deny the request.
Within ten (10) days after the jury request has been granted, the requesting party shall pay the Clerk the difference between the small claims and plenary docket filing fee. If not timely filed, the Court may deny the request for jury trial.
Page 13 | 1400.50 Request for Jury Trial
A defendant's written jury-trial request may be made no fewer than ten days after receipt of the Notice of Claim.
Any Defendant may request a jury trial by submitting a written request to the court no fewer than ten (10) days after receipt of the Notice of Claim.
Page 13 | 1400.50 Request for Jury Trial
The landlord must file the Landlord Computation of Damages Form at least seven days before the damages hearing.
At least seven (7) days prior to the damages hearing, the landlord shall have filed the Landlord Computation of Damages Form (See Appendix 1).
Page 15 | 1700.10 Bifurcated Hearing and Expedited Hearing on Possession
A motion for proceedings supplemental may not be filed until 30 calendar days after judgment unless the Court orders otherwise for good cause shown.
A motion for proceedings supplemental may not be filed until thirty (30) calendar days have elapsed since the date of judgment except by order of the Court for good cause shown.
Page 16 | 1900.20 Thirty Day Rule
A writ of body attachment expires 180 days after it is issued.
A writ of body attachment expires 180 days after its issuance.
Page 19 | 1020.80 Expiration of Writs of Body Attachment and Civil Bench Warrants
The form is due at the Clerk's Office no later than seven calendar days before the scheduled trial and may be returned personally or by first-class mail.
Plaintiff must return this form personally or by first class mail to the Clerk=s Office on or before seven (7) calendar days before the scheduled trial.
Page 22 | SMALL CLAIMS RULES APPENDIX 1
Each party must prepare and exchange a Financial Declaration Form within 45 days of the initial filing.
In all family law matters, including dissolutions, separations, post-decree and support proceedings, each party shall prepare and exchange, respectively, within 45 days of the initial filing of the action or within 30 days of the filing of any post-decree matters, a Financial Declaration Form (see Appendix B and C).
Page 23 | LR64-FL00-2100.1 Requirement
Either attorney has seven days to respond before the Court enters an order.
Either attorney shall have seven (7) days to respond before the Court enters any order.
Page 27 | LR64-FL00-2600.2 Additions
If the Indiana Child Support Guideline Worksheet is not attached initially, it may be supplemented within ten days of exchanging the form.
IN ALL CASES INVOLVING CHILD SUPPORT: Prepare and attach an Indiana Child Support Guideline Worksheet (with documentation verifying your income); or, supplement with such a Worksheet within ten (10) days of the exchange of this Form.
Page 42
The GAL must submit a written report to the Court no later than ten days before a final hearing on issues relevant to the children.
That the GAL shall submit a written report to the Court no later than ten (10) days prior to any final hearing on issues, as set forth above, relevant to the children.
Page 59 | II. FAMILY LAW
A withdrawal request must be filed at least 30 days before a scheduled hearing, unless the Court determines good cause exists.
The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court not less than 30 days prior to any scheduled hearing, except for good cause shown as determined by the Court.
Page 69 | LR64-TR03-3100 WITHDRAWAL OF APPEARANCE
A moving party that wishes to file a reply brief or memorandum must do so within 5 days after service of the response, brief, or memorandum.
If the moving party desires to file a reply brief or memorandum, that party must do so within five (5) days of service of the response, brief or memorandum.
Page 72 | 3300.80 Briefs and Memoranda Regarding Motions
A motion for enlargement under this rule must be filed by the original due date.
The motion must be filed on or before the original due date or this rule shall be inapplicable.
Page 72 | 3300.70 Enlargement of Time
An opposing party that wishes to file a brief or memorandum must do so within 10 days after service of the movant’s brief or memorandum.
If the opposing party desires to file a brief or memorandum, that party must do so within ten (10) days of service of the movant's brief or memorandum.
Page 72 | 3300.80 Briefs and Memoranda Regarding Motions
A motion to reconsider must be filed within 15 days of the ruling it addresses.
A motion to reconsider must be filed within fifteen (15) days of the ruling said motion addresses.
Page 73 | 3300.100 Motion to Reconsider Rulings
If all counsel do not execute the pre-trial order, each must file the required statement and proposed order no later than five days before the conference.
When, for any reason, the pre-trial order is not executed by all counsel, each shall file not later than five (5) days prior to the pre-trial conference a written statement of the reason therefore accompanied by a proposed pre-trial order.
Page 78 | 3800.20 Pretial Order from Parties
The pre-trial order must be filed no later than five days before the pre-trial conference.
Counsel for the first named defendant shall prepare a pre-trial order, which shall be executed by counsel for all parties and filed not later than five (5) days prior to the pre-trial conference.
Page 78 | 3800.20 Pretial Order from Parties
Memoranda of law addressing unusual legal questions must be filed no later than seven days before trial.
Memoranda of law, addressing any unusual questions of law, shall be filed and served no later than seven (7) days prior to trial.
Page 78 | 3800.40 Memoranda of Law
Proposed preliminary and final jury instructions must be filed and served at least seven days before trial, but instructions on issues that could not reasonably have been anticipated may be submitted during trial.
Proposed preliminary and final jury instructions shall be filed and served no later than seven (7) days prior to trial. Instructions covering issues arising at trial which could not reasonably be anticipated may be submitted during the trial.
Page 79 | 3800.50 Proposed Jury Instructions
The detailed receipt must be filed with the case at the time the materials are removed.
At the time of removal, a detailed receipt shall be left with the court reporter and filed with the cause.
Page 79 | LR64-AR00-3900 EXHIBITS
Moving counsel must give the client written notice at least 10 days before the hearing, include the next scheduled calendar setting, and file satisfactory evidence of notice; the requirement is waived if substitute counsel appears with the withdrawal.
Moving counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of such hearing to the attorney=s client. Further, the notice to the client shall also contain notice of the next scheduled calendar setting in the cause. A withdrawal of appearance, when accompanied by the appearance of other counsel, shall constitute a waiver of this requirement.
Page 85
In criminal prosecutions scheduled for jury trial, the plea-agreement deadline must be at least 13 days before trial, and later-filed agreements will not be accepted absent just cause.
In all criminal prosecutions scheduled for trial by jury the plea agreement deadline date shall be not less than thirteen days before trial. The Court shall not accept any plea agreements filed after this date, except for just cause shown.
Page 86 | LR64-CR00-4500 PLEA AGREEMENT DEADLINE DATE
Pre-trial motions must be submitted seven days before the pre-trial conference.
Any pre-trial motions must be submitted in writing seven (7) days prior to the pre-trial conference.
Page 92 | LR64-CR00-4920 PRE-TRIAL CONFERENCE
An inventory for a permanent guardianship must be filed within 90 days of the fiduciary’s appointment.
Guardianships, within ninety (90) days for permanent guardians
Page 96 | LR64-PR00-5300 INVENTORY
An inventory for a temporary guardianship must be filed within 30 days of the fiduciary’s appointment.
within thirty (30) days for temporary guardians.
Page 96 | LR64-PR00-5300 INVENTORY
An inventory for a supervised or unsupervised estate must be filed within 60 days of the fiduciary’s appointment.
Estates (supervised and unsupervised), within sixty (60) days;
Page 96 | LR64-PR00-5300 INVENTORY
For a supervised estate or guardianship real-estate sale, file the written appraisal with the Petition for Sale unless it was filed with the Inventory.
In all supervised estates and guardianships in which real estate is to be sold, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale unless such appraisal was filed with the Inventory.
Page 97 | 5400.10 Appraisals
All such appraisals shall be made within one year of the date of the Petition for Sale.
All such appraisals shall be made within one year of the date of the Petition for Sale.
Page 97 | 5400.10 Appraisals
Submit the deed with the Report of Sale of Real Estate or at the hearing on the Final Account.
All such deeds shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on the Final Account.
Page 97 | 5400.20 Deeds
Five months and fifteen days after the first published notice to creditors, the fiduciary or the fiduciary's attorney must examine the Claim Docket and allow or disallow each claim against the estate.
Five (5) months and fifteen (15) days after the date of the first published notice to creditors, the fiduciary, or the fiduciary's attorney, shall examine the Claim Docket and shall allow or disallow each claim filed against the estate.
Page 98 | 5600.10
If an estate cannot be closed within one year, file an intermediate accounting within 30 days after that year expires and within 30 days after each succeeding year expires.
Whenever an estate cannot be closed within one (l) year, an intermediate accounting shall be filed with the Court within thirty (30) days after the expiration of one year and each succeeding year thereafter.
Page 98 | 5700.10 Intermediate Accounting
All appraisals shall be made within one year of the date of the Petition to Sell.
All appraisals shall be made within one year of the date of the Petition to Sell.
Page 98 | 5500.10 Appraisals
Court costs must be paid and claims satisfied and released before the Final Account hearing; a Clerk’s Certification must be filed before the Final Account is approved.
All court costs shall be paid and all claims satisfied and released before the hearing on the Final Account and a Clerk's Certification thereof (see Appendix B) shall be filed with the Court before such Final Account shall be approved.
Page 99 | 5700.30 Court Costs and Claims
File receipts or canceled checks for all final distributions before the Court grants discharge.
Receipts or canceled checks for all final distributions shall be filed either in the final report, or a supplemental report, before discharge will be granted by the Court.
Page 99
Attach the required tax-payment documentation to the Final Report when it is filed.
The Federal Estate Tax Closing Letter and the Indiana Inheritance Tax Closing Letter (or the counter-signed receipt) or a photocopy thereof, showing payment of all Federal Estate and/or Indiana Inheritance Tax liability in the estate, shall be attached to the Final Report at the time of filing.
Page 99 | 5700.40 Proof of Tax Payment
Service and Proof of Service Rules
The Court or Clerk must distribute the order continuing trial to the parties.
the Court or Clerk shall distribute a copy of the order continuing trial to the parties.
Page 12 | 1300.10 General Rule
The moving party must notify the other party of a motion to continue and serve notice of the motion.
The moving party must notify the other party of the continuance motion and serve notice thereon.
Page 12 | 1200.20 Change of Calendar
The party or attorney obtaining a continuance must notify any opposing party in a timely fashion.
The party or attorney obtaining the continuance shall notify any opposing party in a timely fashion
Page 12 | 1300.10 General Rule
If the plaintiff proceeds after inadequate notice, the Clerk must mail the defendant notice of a new hearing setting to the address where service was obtained, with the notice and hearing set to comply with T.R. 6 and S.C. 2.
If the Plaintiff wishes to proceed, the Clerk shall notify the Defendant of a new calendar setting by first class mail to the address at which service was obtained. Such notice is sufficient if said notice is sent and the hearing set so as to comply with T.R. 6 and S.C. 2.
Page 14 | 1500.40 Notice in the Event of Inadequate Service
A default judgment may be entered against a defendant who fails to appear if good service is proven.
Upon the failure of a Defendant to appear at any hearing or trial on the merits, with proof of good service, a default judgment may be entered.
Page 14 | 1500.30 Default of Defendant
A plaintiff is not entitled to default when a defendant fails to appear at a covered hearing and the return of service shows less than ten days' notice.
Where the Court has received return of service which discloses less than ten (10) days notice to any Defendant of a hearing set pursuant to LR64-SC00-1200, and the Defendant fails to appear for said hearing, the Plaintiff shall not be entitled to entry of default.
Page 14 | 1500.40 Notice in the Event of Inadequate Service
Should a landlord request a continuance of the possession hearing, the landlord must serve new notice to the tenant of the possession hearing.
Should a landlord request a continuance of the possession hearing, the landlord must serve new notice to the tenant of the possession hearing.
Page 15 | 1700.20 Notice to Tenant
Unless the landlord files the specified pleading and bond, the tenant must be served notice of the possession hearing at least ten days beforehand.
Unless the landlord shall file the pleading and bond set forth in I.C. 32-6-1.5-1, et seq., notice of the possession hearing shall be served on a tenant not less than ten (10) days prior to the possession hearing.
Page 15 | 1700.20 Notice to Tenant
The landlord must complete and provide the tenant and the Court with the damages computation form at least seven days before the damages hearing.
At least seven (7) days prior to the damages hearing, the landlord shall complete and tender to the Tenant and Court a copy of the Landlord Computation of Damages Form, so that the Tenant may review the form and appropriately respond to the Court=s inquiry whether the Damages Hearing is contested or uncontested.
Page 15 | 1700.40 Landlord Computation of Damages Form
For the prior-order-and-failure-to-appear basis for a body attachment, the debtor or garnishee defendant must have been served with a contempt citation and failed to appear for the contempt hearing.
the judgment debtor or garnishee defendant previously ordered to appear for a scheduled hearing was served with a contempt citation and failed to appear for the contempt hearing
Page 18 | LR64-SC00-1020 CONTEMPT/RULE TO SHOW CAUSE/ BODY ATTACHMENT
After receiving enough money to satisfy the judgment, interest, and costs, the judgment creditor must immediately obtain an order releasing the garnishment and forward a copy to the garnishee-defendant.
Upon receipt by the judgment creditor, or by the Clerk on the judgment creditor's behalf, of monies sufficient to fully satisfy the judgment, and any accrued interest and costs, the judgment creditor shall immediately obtain a Court order releasing the applicable Garnishment Order and shall forward a copy to the garnishee-defendant.
Page 20 | 1030.40 Release
The proceeding supplemental must be served on the garnishee-defendant by one of the listed methods before a garnishment order may issue.
A Garnishment Order shall not issue with respect to a judgment debtor's wages or other property without: (1) an active proceeding supplemental as to the judgment debtor; (2) service on the garnishee-defendant of the proceeding supplemental by: (a) first-class mail, certified mail, or refusal thereof, (b) Sheriff's service, or; (c) private process server; and (3) return of answered interrogatories, other verification of employment by the garnishee-defendant, or failure to answer interrogatories after notice.
Page 20 | 1030.20 Requirements for Garnishment Order to Issue
When service has occurred but counsel has not appeared, the moving party must serve the completed Form on the other party and notify them of their duty to prepare and serve one.
In those cases where there is service but no appearance by counsel, it is the responsibility of the moving party to serve the completed Form on the other party and to notify that party of the duty to prepare and serve one as well.
Page 23 | LR64-FL00-2100.1 Requirement
When reasonably possible, worksheets must be delivered to the other party with the Financial Declaration Form; in all events, they must be delivered within ten days after receiving the other party's Form.
Further, the worksheet(s) shall, when reasonably possible, be delivered to the other party simultaneously with the Financial Declaration Form, but, in any event, within ten (10) days of receiving the other party's Form.
Page 25 | LR64-FL00-2200 CHILD SUPPORT GUIDELINES
The attorneys and self-represented litigants shall receive notice of the filing of the report and may inspect same upon notice to the Court.
The attorneys and self-represented litigants shall receive notice of the filing of the report and may inspect same upon notice to the Court.
Page 26 | LR64-FL00-2400 GUARDIANS AD LITEM
Once appointed, the Guardian Ad Litem becomes a party and must also be served with anything served on the opposing party.
The Guardian Ad Litem then becomes a party and anything to be served on the opposing party shall also be served on the Guardian Ad Litem.
Page 26 | LR64-FL00-2400 GUARDIANS AD LITEM
Attorneys directed to prepare decrees or other orders must first submit them to all other attorneys of record within fourteen days, before submitting them to the Court.
LR64-FL00-2600.1 Exchange. It shall be the duty of the parties' attorneys to prepare decrees and other orders as directed by the Court. The attorney so directed shall first submit them to all other attorneys of record, within fourteen (14) days, to enable them to challenge any provision thereof before submission to the Court for entry.
Page 27 | LR64-FL00-2600.1 Exchange
If a Petition for Modification or Petition for Rule to Show Cause addresses the parties’ financial obligations, the parties must exchange Financial Declaration Forms and supporting exhibits within 30 days after it is filed.
and within thirty (30) days from the date that a Petition for Modification or Petition for Rule to Show Cause is filed, provided said petitions address the financial obligations of the parties, i.e. child support, including but not limited to, educational expenses or the payment of marital debt.
Page 32 | APPENDIX A
The parties must exchange Financial Declaration Forms and supporting exhibits within 45 days after a Petition for Dissolution of Marriage or Petition for Legal Separation is filed.
Financial Declaration Forms, complete with supporting exhibits, shall be exchanged between the parties within forty five (45) days from the date the Petition for Dissolution of Marriage or Petition for Legal Separation is filed
Page 32 | APPENDIX A
If the worksheet is not attached to the Financial Declaration Form, exchange it with opposing counsel within 10 days of receiving the other party’s Financial Declaration Form.
You must attach a Child Support Guideline Worksheet to your Financial Declaration Form or one must be exchanged with the opposing party/counsel within 10 days of receipt of the other parties= Financial Declaration Form.
Page 45 | V. PROVISIONAL ARREARAGE COMPUTATIONS
The GAL must be notified of hearings, other proceedings, and actions taken on behalf of the children.
That the Guardian Ad Litem is now considered a party to this action and shall therefore be notified of any hearings, staffings, investigations, depositions, and/or other proceedings in this cause and shall be notified properly as to any action taken on behalf of the child(ren) by any party.
Page 59 | II. FAMILY LAW
For a case involving a protection order or no-contact order, the initiating party must provide a legal-service address that does not expose the petitioner’s whereabouts.
(If Yes, the initiating party must provide an address for the purpose of legal service but that address should not be one that exposes the whereabouts of a petitioner.)
Page 63
Before permission to withdraw, the attorney must give the client ten days' written notice and file a copy of that notice with the Court.
Permission to withdraw shall be given only after the withdrawing attorney has given the attorney's client ten (10) days written notice of the attorney's intention to withdraw and has filed a copy of such with the Court.
Page 69 | LR64-TR03-3100 WITHDRAWAL OF APPEARANCE
When sending a facsimile transmission to the Court, the sender must serve all parties or counsel by fax or first-class U.S. mail and fax an acknowledgment of receipt and certificate of service to the Clerk or Court.
Upon sending a facsimile transmission to the Court, the sender shall serve it upon all parties or counsel of record by facsimile or first class U.S. mail and file an acknowledgement of receipt and certificate of service via facsimile to the Clerk or Court.
Page 70 | LR64-TR03-3200 PREPARATION OF FILINGS
For a motion requiring notice, serving a copy of the motion on the other parties constitutes notice of filing.
When a motion requires notice, the serving of the copy of the motion upon the other parties in the cause shall constitute notice of filing same.
Page 71 | 3300.10 Notice
A copy of the supporting brief or memorandum must be promptly served on the opposing party.
a copy shall be promptly served upon the opposing party.
Page 72 | 3300.80 Briefs and Memoranda Regarding Motions
The movant must notify opposing parties of every hearing scheduled on a motion.
It shall be the responsibility of the movant to give notice to opposing parties of all hearings scheduled on motions.
Page 73 | 3300.120 Responsibility for Notice
A motion to reconsider must be personally served on the judge who issued the ruling.
A motion to reconsider a ruling of the Court on any motion must be in writing and must be served personally upon the ruling Judge.
Page 73 | 3300.100 Motion to Reconsider Rulings
A copy of the entry form must be served on all counsel of record when the entry is an appearance of counsel or sets a court hearing date.
A copy of the entry form of the filing shall also be served on all counsel of record whenever the entry is the appearance of counsel or contains a setting for a Court hearing date.
Page 74 | 3400.50 Service of Copies on Counsel and Unrepresented Parties
A filing that must be served under T.R. 5 must be served on all counsel of record before filing or on the day it is filed.
Every filing required to be served by T.R. 5 shall be served on all counsel of record either before it is filed or on the day it is filed with the Court.
Page 74 | 3400.50 Service of Copies on Counsel and Unrepresented Parties
Interrogatories to a party must be prepared in an original and two duplicates and served on the party required to answer.
(1) An original and two duplicates of all interrogatories to parties shall be prepared and served on the party required to answer.
Page 76 | 3600.30 Interrogatories (A)(1)
The responding party must serve the original and one copy of the answers on propounding counsel.
The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.
Page 76 | 3600.30 Interrogatories (C) Answers and Objections
The parties must exchange witness lists, photocopies of exhibits, contentions, and statements of factual and legal issues at least 30 days before the pre-trial conference.
The parties shall exchange written lists of witnesses and photocopies of exhibits, together with contentions and statements of issues of fact and law, at least thirty (30) days prior to the pre-trial conference.
Page 78 | 3800.20 Pretial Order from Parties
Memoranda of law addressing unusual legal questions must be served no later than seven days before trial.
Memoranda of law, addressing any unusual questions of law, shall be filed and served no later than seven (7) days prior to trial.
Page 78 | 3800.40 Memoranda of Law
Proposed preliminary and final jury instructions must be served no later than seven days before trial.
Proposed preliminary and final jury instructions shall be filed and served no later than seven (7) days prior to trial.
Page 79 | 3800.50 Proposed Jury Instructions
Filing Fees and Waivers
A party seeking to convert a small claims case to the plenary docket must first pay the difference in filing fees.
Should any party seek to have a small claims case converted to the plenary docket, the party shall first pay the difference in filing fee between small claims and the plenary docket.
Page 13 | 1400.40 Conversion of Action from Small Claims to Plenary Docket
After a jury request is granted, the requesting party must pay the Clerk the difference in filing fees within ten days or the Court may deny the jury-trial request.
Within ten (10) days after the jury request has been granted, the requesting party shall pay the Clerk the difference between the small claims and plenary docket filing fee. If not timely filed, the Court may deny the request for jury trial.
Page 13 | 1400.50 Request for Jury Trial
Each party must pay the annually determined TransParenting fee, which may be waived if the party submits a verified affidavit of poverty and is found indigent upon investigation.
A fee determined annually and payable per party is required and is used to cover all costs of the TransParenting program including the presenter's fees, handouts, applications and program administration. The fee may be waived if a party presents a verified affidavit of poverty and it appears upon investigation that the party is indigent.
Page 29 | LR64-FL00-2911.3 Fees
Before taking a matter requiring pre-filing judicial action, such as a filing-fee waiver, to the judge, the filer must determine the case assignment at the Clerk’s Office; a cause number is assigned only after the parties return to the Clerk following the judge’s action.
If a case being filed requires some action by a judge before filing, e.g., waiver of filing fees, the party filing the action must go to the Clerk's Office to determine case assignment before taking the case to the Judge. In such cases, no cause number will be assigned until the parties return to the Clerk after action by the Judge.
Page 66 | 3000.70 Judicial Action before Filing
An individual released on recognizance must pay the fee to the Sheriff’s Department upon conviction, which must issue a receipt and notify the Clerk for entry on the case summary.
(c) RECOGNIZANCE PROMISE TO APPEAR RELEASE: The arrested individual is responsible for payment of the fee upon conviction directly to the Porter County Sheriff’s Department who shall issue a receipt and promptly notify the Clerk of Court the fee has been paid and the cause number for which it has been paid. The Clerk of Court shall note said payment on the chronological case summary.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
The defendant must pay an additional $25 late-payment fee, which the Clerk must collect.
The defendant shall pay an additional $25.00 fee pursuant to IC 33-37-5-22 and the Clerk of the Court shall collect the late payment fee.
Page 93
An individual on probation who has not paid the fee must pay it as a condition of probation in a manner consistent with their financial ability, with payment made to the Sheriff’s Department.
(d) PAYMENT AS A CONDITION OF PROBATION: An individual who has been placed on probation and who has not paid the Inmate Processing Fee shall pay the same as a condition of probation in a manner consistent with their financial ability to do so. The payment shall be made to the Porter County Sheriff’s Department who shall issue a receipt with the appropriate cause number and notify the Clerk of Court of the payment. The Clerk of Court shall note the payment on the chronological case summary.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
For covered defendants, the Clerk must deduct $80 from a cash bond for the inmate processing and death benefit fees, ahead of other deductions unless a court orders otherwise or waives the inmate processing fee.
(a) CASH BONDS: The Clerk of Court shall deduct $80.00 from the cash bond ($75.00 Inmate Processing Fee and $5 Death Benefit Fee) of all defendants designated above, and this deduction shall take precedence over all other deductions from cash bonds, unless a court shall specifically order to the contrary, or shall waive the Inmate Processing Fee. The Sheriff shall promptly notify the Clerk of Court of the posting of such bond.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
If an inmate released after conviction has not paid the fee, up to the full fee may be deducted from the inmate’s commissary fund; the Death Benefit Fee is excluded.
(e) INMATE COMMISSARY ACCOUNT: An inmate released after conviction who has not other paid the Inmate Processing Fee shall have deducted from the inmate’s commissary fund at the Porter County Jail an amount up to the full amount of the Inmate Processing Fee. The Death Benefit Fee is excluded from this collection method. The Porter County Sheriff shall issue a receipt with the appropriate cause number and notify the Clerk of Court of the payment. The Clerk of Court shall note the payment on the chronological case summary.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
Eligible defendants owe a $75 inmate processing fee, charged once for simultaneous incarcerations across multiple cases and for each separate incarceration on a separate case.
Every defendant who has been arrested, incarcerated in the Porter County Jail, and who has been convicted of a misdemeanor or felony offense in Porter County arising from such arrest are liable for an Inmate Processing Fee in the sum of $75.00. In the event an individual is incarcerated on multiple criminal cases simultaneously, only one Inmate Processing Fee shall apply to that period of incarceration. In the event an individual is incarcerated at different times on separate cases, the fee shall apply to each case and each incarceration.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
An additional $80 cash bond must be posted for every case in which a surety bond is posted, and the Sheriff must promptly notify the Clerk.
(b) SURETY BONDS: For every case in which a surety bond is posted, whether posted individually, or as a dual bond required by a court, an added cash bond of $80 must be posted. The Sheriff shall promptly notify the Clerk of Court of the posting of such bonds.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
People ordered to participate in PCADOS or another certified court-ordered alcohol and drug treatment program must pay all applicable and necessary fees.
Those persons directed to participate in the Porter County Alcohol and Drug Offenders Service (PCADOS), or any certified alcohol and drug treatment program ordered by the Court, shall pay all applicable and necessary fees.
Page 117 | ESTABLISHMENT OF FEE SCHEDULE FOR PORTER COUNTY ALCOHOL AND DRUG OFFENDERS PROGRAM
A person accessing court files electronically must pay the required fee.
Pay the required fee.
Page 125 | ACCESS
A cause number may be obtained by submitting an appearance form and paying the filing fee, or by presenting the Clerk with a court order waiving that fee.
The cause number may be obtained upon submission of an appearance form and payment of the filing fee to the Clerk [or upon presentation to the Clerk of a court order waiving the filing fee].
Page 125 | ELECTRONIC FILING OF PLEADINGS — New Cases
If a qualifying plenary-docket case is transferred to small claims court, no difference in filing fees is reimbursed.
Should a case be filed on the plenary docket seeking less than the statutory maximum damages of small claims court, the plenary court may have the matter transferred to small claims court without reimbursement of any difference in filing fees.
Page 13 | 1400.40 Conversion of Action from Small Claims to Plenary Docket
A defendant found indigent and unable to pay may apply to the Court for an order waiving collection of the fee.
(f) INDIGENCY: Any Defendant found to be indigent and unable to pay the Inmate Processing Fee may apply to the Court for an Order waiving collection of the fee.
Page 93 | LR64-CR00-4940 INMATE PROCESSING FEE
Basic Education Services (12 hours) cost $400.
Basic Education Services (12 Hours) $400
Page 117 | LEVEL I
Assessment only costs $100.
Assessment Only $100
Page 117 | OTHER FEES
Fees and fee deadlines are determined at the clinical evaluation or assessment.
Fees are to be determined at the time of the clinical evaluation or assessment. Fee deadlines are determined a the time of the evaluation or assessment.
Page 117 | ESTABLISHMENT OF FEE SCHEDULE FOR PORTER COUNTY ALCOHOL AND DRUG OFFENDERS PROGRAM
An informational session with assessment costs $200.
Informational Session with Assessment $200
Page 117 | OTHER FEES
Transfers cost $200.
Transfers $200
Page 117 | OTHER FEES
Advanced Education Services (20 hours) cost $400.
Advanced Education Services (20 Hours) $400
Page 117 | LEVEL II
A one-day class informational session (8 hours) costs $100.
One Day Class Informational Session (8 Hours) $100
Page 117 | OTHER FEES
Sealing & Redaction Procedures
The Social Security number attachment must be filed as confidential information.
(If yes, supply social security numbers for all family members on a separately attached document filed as confidential information on light green paper. Use Form TCM-TR3.1-4.)
Page 63
In Protective Order cases, the petitioner's date of birth and social security number must be entered as confidential information.
In Protective Order cases, the date of birth and social security number of the petitioner shall be entered as confidential information.
Page 111 | LR64-FC00-6400 ASSIGNMENT OF CASES, CLERKS RESPONSIBILITIES
Confidential records must retain their confidential status and must be excluded from the public record of the proceedings.
Confidential records shall retain their confidential status and the Family Court shall direct that confidential records not be included in the public record of the proceedings.
Page 112 | LR64-FC00-6800 ACCESS TO RECORDS
When privacy warrants, the Court may order Forms sealed upon motion, but such requests should not be routine; if sealing is ordered, the court reporter must place the Forms flat in a sufficiently large sealed envelope and affix a copy of the order.
Whenever the interest of privacy so requires, the Court may, upon motion, direct the admitted Forms sealed until further order. However, such requests shall not be made as a matter of course. When ordered sealed, the court reporter shall take custody of the Forms and place them in a flat manner in an envelope of sufficient size, seal the envelope and affix a copy of the order.
Page 24 | LR64-FL00-2100.5 Privacy - Sealing of Forms
Forms may be withdrawn at the conclusion of the case on terms set by the Court.
Forms may be withdrawn at the conclusion of the case on such terms as the Court allows.
Page 24 | LR64-FL00-2100.5 Privacy - Sealing of Forms
Filing Bundling Requirements
A supporting brief or memorandum must accompany the motion or be filed at the same time.
Any brief or memorandum in support of any motion shall accompany or be filed simultaneous with the motion
Page 72 | 3300.80 Briefs and Memoranda Regarding Motions
Pre-Motion Conference Requirements
Additional discovery must not begin until the Forms have been exchanged.
Further, any additional discovery such as a motion to produce, interrogatories, or depositions of the parties shall not commence until the Forms are exchanged.
Page 25 | II. FAMILY LAW
Sanctions motions are heard as part of the trial on the merits.
Motions for sanctions shall be heard as a part of the trial on the merits.
Page 13 | 1300.40 Sanctions for Failure to Notify
The court has discretion whether to hear requested oral argument, but motions for summary judgment and motions to dismiss under T.R. 41(E) cannot be granted without a hearing.
Any such oral argument requested may be heard only at the discretion of the Court, except on Motions for Summary Judgment or Motions to Dismiss pursuant to T.R. 41(E), which cannot be granted without hearing.
Page 72 | 3300.60 Oral Arguments on Motions and Other Pleadings
Absent agreement, the Court shall schedule the filing, briefing, and hearing of dispositive motions discussed at the case management conference.
(5) the necessity for amendments to the pleadings and the filing or hearing of dispositive motions. Absent agreement, the Court shall schedule the filing, briefing, and hearing thereof;
Page 77 | 3700.10 Case Management Conferences
Adjournment & Extension Requirements
A continuance requires a verified written motion stating the cause and good cause; it may not be granted within ten days of a hearing or bench trial unless the opposing party agrees and a Judge approves.
With appropriate verified written motion and for good cause only, any party may file a motion to continue the initial hearing, bench trial, motions hearing or proceedings supplemental to judgment, stating cause for such continuance. Continuances are highly disfavored and interfere with the general principle of quick and speedy justice in the Small Claims Rules. A continuance under this subsection may not be granted within ten (10) days of a hearing or bench trial unless agreed upon by the opposing party and approved by a Judge.
Page 12 | 1300.10 General Rule
A defendant in an action involving possession of real estate may receive a continuance only for good cause and with Court approval.
No continuance shall be granted to a Defendant where the action involves the issue of possession of real estate, except for good cause shown and upon approval by the Court.
Page 13 | 1300.30 Possession of Real Estate
A trial continuance may not extend beyond nine months after filing unless extreme hardship or emergency is shown to the Court, which must be notified immediately upon learning of the hardship.
No case shall be continued for trial beyond nine (9) months from the date the action is filed. Only extreme hardship or emergency shall serve as an exception. Any continuance shall be granted only by the Court upon due showing of extreme hardship or emergency by either party. Said hardship condition shall be reported to the Court immediately upon learning of the hardship. In the event such extreme hardship or emergency is shown, the Court will grant an additional continuance for a period not longer than necessary.
Page 13 | 1300.20 No Delay Beyond Nine (9) Months
The parties must appear for a Final Pre-Trial Conference within 90 days after the Initial Pre-Trial Conference, but the court may schedule it later if additional time is required for specified proceedings or efforts.
Within ninety (90) days from the conclusion of the Initial Pre-Trial Conference, the parties shall be required to appear in person, if they are proceeding pro se, or by their respective attorneys, for a Final Pre-Trial Conference. Said conference is hereby scheduled before this court on the day of , 201 , at m. Provided, however, the court shall be permitted schedule the Final Pre-Trial Conference later than ninety (90) days from the date of the Initial Pre-Trial Conference if it determines that additional time is required by the parties to complete the discovery identified at the Initial Pre-Trial Conference or if additional time is required to complete the Guardian-ad-Litem=s investigation and report, the custodial evaluations, the real and personal property evaluations and/or mediation, or if the parties intend to attempt counseling and/or reconciliation.
Page 33 | II. FAMILY LAW
A continuance of a listed hearing or conference requires strict compliance with Trial Rule 53.5 and Local Rule 3500; if granted, it is charged to the requesting party and may be considered when the court rules on attorney fees or other costs.
No continuances of the Provisional Hearing, Initial Pre-Trial Conference, Final Pre-Trial Conference, or Final Hearing may be obtained without strict compliance with the provisions outlined in Trial Rule 53.5 and Local Rule 3500 . If a continuance is requested and granted, said continuance shall be charged against the party requesting same. The existence of charged continuances, whether or not in good faith, may be considered by the court in its ruling regarding the payment of attorney fees or other costs of the action.
Page 36
A late GAL report does not automatically continue a hearing; a party seeking a continuance must notify the Court and GAL and allow the GAL two business days to complete and submit the report, and the Court decides whether the request is reasonable.
If such report is not submitted timely, the parties do hereby agree that there shall not be an automatic continuance of a hearing granted to either party relevant to such late report, and any party requesting such continuance shall provide notice thereof to the Court and the GAL and allow the GAL two business days to complete and submit such report. Ultimately, the Court shall have discretion to rule on the reasonableness of any continuance request.
Page 59 | II. FAMILY LAW
An initial written motion under T.R. 6(B)(1) to enlarge time to respond to a claim is automatically allowed for 30 additional days from the original due date, with a written court order.
An initial written motion for enlargement of time pursuant to T.R. 6(B)(1) to respond to a claim shall be automatically allowed for an additional thirty (30) days from the original due date with a written order of the Court.
Page 72 | 3300.70 Enlargement of Time
Subsequent motions for enlargement of time must be designated as subsequent and are granted only for good cause shown.
All subsequent motions shall be so designated and will be granted only for good cause shown.
Page 72 | 3300.70 Enlargement of Time
Unless made during a hearing or trial, a continuance motion must be written, verified, state its grounds with particularity, and identify opposing counsel’s position and whether the movant previously requested continuances.
Unless made during a hearing or trial, a Motion for Continuance shall be made in writing, stating with particularity the grounds therefore and be verified, and shall state whether opposing counsel objects to the motion, and whether prior continuances have been requested by the moving party.
Page 74 | 3500.20 Motion for Continuance
Continued matters must be rescheduled when all attorneys are available; if all attorneys of record are not present when the continuance is granted, the requesting attorney must reschedule within 10 days after checking their availability, unless the Court directs otherwise.
Unless the Court directs otherwise, all matters continued shall be rescheduled on the Court's calendar when all attorneys will be available. If all attorneys of record are not present in the Court when a matter is continued, the attorney(s) who requested such continuance shall, within ten (10) days following the granting of the continuance, reschedule the matter continued after ascertaining the availability of all attorneys of record for the rescheduled date and time.
Page 75 | 3500.60 Rescheduling
A continuance motion or stipulation must be filed promptly after the cause is discovered and at least 14 days before trial or hearing, unless an affidavit shows good cause arose within that period.
Motions or Stipulations for Continuance must be filed as soon after the cause for continuance or delay is discovered by the movant, and no later than fourteen (14) days before the date assigned for trial or hearing, unless good cause therefore is shown by affidavit to have occurred within the fourteen (14) day period.
Page 75 | 3500.40 Time for Filing
The Court may extend the discovery period for good cause if the request is made before the period expires; motions and stipulations must explain the reasons, and stipulations require Court approval.
For good cause shown and prior to the expiration of the time within which discovery is required to be completed, time may be extended for completion of discovery. Motions and stipulations for additional time for completion of discovery must set forth reasons justifying the additional time. Stipulations extending the discovery period must be approved by the Court.
Page 76 | 3600.20 Extensions of Time
A continuance requires good cause and may last only as long as necessary; written continuance and enlargement motions must address opposition and prior requests, and an order must identify whose motion was granted.
Upon motion of any party, the Court may grant a continuance only upon showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defendant, but also the public interest in the prompt disposition of the case. All orders granting continuances shall indicate on which party's motion the continuance is granted. All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party and whether such prior request was granted.
Page 87 | LR64-TR07-4700 MOTIONS
Untimely notice of a continuance may result in sanctions, and any sanctions motion is heard as part of the trial on the merits.
Where notice of continuance has not been timely given, the Court may assess sanctions which may include, but are not limited to, reasonable attorney's fees, lost wages and other costs for each party and necessary witness appearances due to lack of notice. Motions for sanctions shall be heard as a part of the trial on the merits.
Page 13 | 1300.40 Sanctions for Failure to Notify
The Court may grant the Defendant a continuance if the plaintiff does not timely return the claim form.
Failure to timely return this claim form to the Clerk=s Office may result in the granting of a continuance to the Defendant.
Page 22 | SMALL CLAIMS RULES APPENDIX 1
The court may extend or shorten the Financial Declaration Form exchange deadlines by order for good cause shown.
In all family law matters, including dissolutions, separations, post-decree and support proceedings, each party shall prepare and exchange, respectively, within 45 days of the initial filing of the action or within 30 days of the filing of any post-decree matters, a Financial Declaration Form (see Appendix B and C). These time limits may be extended or shortened by court order for good cause shown.
Page 23 | LR64-FL00-2100.1 Requirement
On written request and a showing of good cause, the Court may shorten or extend the time for a discovery response.
The Court may, upon written request and for good cause shown, shorten or extend such time as it deems appropriate.
Page 73 | 3300.110 Motions to Compel Discovery
The Court may require the party requesting a continuance to sign the written motion in addition to the attorney.
The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to the signature of the attorney so moving.
Page 74 | 3500.20 Motion for Continuance
Continuance motions are discouraged, and neither side has an automatic right to a continuance.
Motions for Continuance are discouraged. Neither side is entitled to an automatic continuance as a matter of right.
Page 74 | 3500.10 Continuances Disfavored
(2) The Court may require the stipulation to continue the hearing of any pending matter to state with particularity the grounds for the continuance and be signed by all attorneys of record.
(2) The Court may require the stipulation to continue the hearing of any pending matter to state with particularity the grounds for the continuance and be signed by all attorneys of record.
Page 75 | Continuance
The Court may grant or deny a continuance in its discretion.
The Court in its discretion may grant or deny a continuance.
Page 75 | 3500.50 Court's Discretion
On a motion to continue the initial hearing, the Court may grant or deny the motion or instead strike the hearing and set a later bench trial.
Should any party file a motion to continue the initial hearing, the Court may grant or deny the motion, or strike the initial hearing and set the matter for bench trial at a later date.
Page 12 | 1200.20 Change of Calendar
Chambers Communication Rules
When parties reach an agreement while a court date is pending, they must notify the Court timely; failure to do so may result in sanctions against either or both parties or their attorneys.
In all proceedings where a court date is pending and the parties reach an agreement between themselves, the parties shall notify the Court in a timely manner. Failure to do so may result in sanctions being imposed against either or both parties and/or their attorneys.
Page 30 | LR64-FL00-2912 Timely Notification to Court of Agreement
Except for motions to correct error and those listed in LR64-TR-3300.40, motions must be set for hearing when filed; the movant must obtain a date from the court calendar personnel and coordinate it with opposing counsel.
Except for motions to correct error or those described in LR64-TR-3300.40, all motions shall be set for hearing at the time of their filing. It shall be the responsibility of the movant or the movant's attorney to secure the date of such hearing from the Court personnel who maintain the calendar for each of the Judges or Magistrates. It shall also be the responsibility of the movant to coordinate the hearing date with all opposing counsel.
Page 71 | 3300.20 Setting Motions for Hearing
When filing any of the listed motions, the moving party must bring it to the assigned judge’s attention.
At the time of filing, a moving party shall bring the following motions to the attention of the Judge assigned: (1) Motion for Enlargement of Time; (2) Motion to Reconsider; (3) Motion for Change of Venue from County; (4) Motion for Change of Judge; (5) Motion to Dismiss Complaint by Plaintiff when no Answer has been filed; (6) Motion to Dismiss Counterclaim by Defendant when no reply has been filed; (7) Trial Rule 37 (A) Motions to Compel Responses to Interrogatories (pursuant to T.R. 33), or to Requests for Production (pursuant to T.R. 34).
Page 72 | 3300.40 Motions Not Likely to Require Hearing
All parties must notify the Court of any settlement.
All parties have the duty to notify the Court of any settlement of their cause.
Page 75 | 3500.80 (JURY TRIALS)
A settlement not reported to the Court within five calendar days of the trial date is treated as a failure to notify the Court.
(5) Failure to notify the Court of any settlement within five (5) calendar days of the date set for trial shall constitute failure to notify the Court of settlement.
Page 76 | 3500.80 (JURY TRIALS)
Contact the local court with questions about jury duty, upcoming court dates, or copies of documents unavailable online.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts