Randolph County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A subsequent extension motion must state specific reasons in writing and identify its sequence in the heading; the court may allow opposing counsel to respond.
- An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.
- Requests to extend time for filing briefs or similar action must be filed timely and accompanied by a tendered order and the copies prescribed by Rule 3.
- +8 more
Request must include
- A continuance motion must be filed as soon as the cause is discovered and no later than five business days before trial, unless an affidavit shows the reasons arose within that five-day period.
- Where feasible, agreed continuance motions should be filed at least seven days before the hearing so the court can schedule other matters.
Document Format Requirements13 rules
Parties may, however, waive hearing upon said motions by filing with the Court, simultaneous with said filing, a written “WAIVER OF HEARING” upon a page separate from and not incorporated in the pleading or motion.
The time and date of hearing shall be left blank and fixed by the Court unless previously arranged with Court staff.
The order tendered upon initial motions for enlargement of time shall recite the specific date, 30 days in advance, to which the time is extended. Subsequent motions for enlargement of time shall contain appropriate blank date lines for the Court’s completion.
The disc containing proposed findings and conclusions must be formatted for the particular Court’s system.
Court's wording
In all cases where counsel has requested findings of fact and conclusions of law under Trial Rule 52, counsel shall be required to submit proposed findings and conclusions both in written form and on disc formatted for the particular Court’s system.
The sworn statement shall be tape recorded by both parties.
Pleadings and orders must have topic-specific titles and subtitles within the body where further specificity is needed.
Court's wording
All pleadings and orders shall be titled to delineate each topic included in the pleading, and further specificity shall be provided by placing subtitles within the body of the pleading, e.g., where a pleading contains an Answer, a Counterclaim, a Cross-claim, a Motion to Dismiss, a Motion to Strike or a Jury Request.
Xeroxed, printed, photocopies and form pleadings will be accepted only if clearly typed or printed and are legible, understandable and unaltered by strikeover or erasures and in compliance with section (A) of this Rule.
The abbreviation (H.I.) should not be used in pleadings.
Any multi-page document shall be fastened together in the upper left hand corner.
Neither typewritten signatures nor facsimile signatures shall be accepted on original documents. Facsimile signatures are, however, permitted on copies and facsimile filing.
If the Court is satisfied that an original deposition or discovery request or response cannot be filed when required, it may allow a copy instead.
Court's wording
(A) USE OF COPY. In the event it is made to appear to the satisfaction of the Court that the original of a deposition or request for discovery or response thereto cannot be filed with the Court when required, the Court may allow use of a copy instead of the original.
No Xeroxed or otherwise duplicated forms containing interrogatories shall be served unless they comply with the provisions of this Rule.
The Courts may require Jury Instructions to be submitted on disc formatted for the particular Court’s system.
Document Filing Requirements66 rules
Withdrawal requires ten days’ written notice to the client, and a copy of that notice must be attached to the petition.
Court's wording
Permission to withdraw shall be given only after the petitioning attorney has given his or her client ten (10) days written notice of the intent to withdraw. A copy of said written notice shall be attached to the petition.
At the time of filing a petition to withdraw, counsel shall tender to the Court an order granting the petition and ordering the relief sought.
The withdrawal notice must include the client’s complete mailing address, specified warnings, and pertinent pending dates and deadlines.
Court's wording
The written notice to the client shall contain the client’s complete mailing address and shall explain to the client that failure to secure new counsel or appear may result in dismissal of the client’s case or in the rendering of a default judgment, and shall further delineate other pertinent information such as any pending trial date, hearing date and any pleading, discovery or other pre-trial deadline(s).
Counsel desiring to withdraw an appearance in any pending action shall file a petition requesting leave of Court to do so.
An appearance, on the prescribed form, must be filed with the court to represent a party at a hearing and to receive notices from the Court.
Each filed pleading, motion, or other document must identify the filer’s specified contact and attorney information and the party represented.
Court's wording
Each pleading, motion or other document filed, shall clearly identify the name, attorney number, address, telephone number and facsimile number of the attorney (if facsimiles are accepted), attorneys or pro se litigant filing the same and shall designate the party for whom an attorney appears.
When a motion requires notice of hearing, a Notice of Hearing form shall be provided.
An enlargement motion must state the response’s due date and requested extended date, and an untimely motion must explain why it is late.
Court's wording
Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is requested to be enlarged. If the motion is not filed on or before the original due date it shall state specific reasons why it is not timely.
All motions for enlargement of time shall be accompanied by a tendered order sustaining same.
Each pleading must include the attorney’s written and printed signatures, attorney number, applicable law firm name, complete address and telephone number, and the party represented.
Court's wording
All pleadings shall contain the written signature and attorney number of the individual attorney, his or her printed signature, the name, if appropriate, of the law firm, complete address and telephone number (including zip and area codes respectively), and a designation as to the party for whom he or she appears.
A certificate of forwarding the copies to the qualified Special Judge must be made part of the original documents.
Court's wording
Once a Special Judge has qualified, parties shall mail or deliver to the Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief or memorandum.
Discovery requests and responses filed with the Court to seek sanctions or an order compelling discovery must be signed by a party and at least one attorney of record.
Court's wording
For discovery filed with the Court in seeking sanction or an order compelling, every request for and response to discovery shall be signed by a party as required by the Indiana Rules of Civil Procedure and shall further be signed by at least one attorney of record in his or her individual name.
A motion to shorten the discovery response time must explain why the shortened time is necessary; lack of diligence may result in summary denial.
Court's wording
A motion requesting that the Court shorten the time period for response to discovery shall specifically set forth reasons for the request. Any such motion shall be accompanied by a tendered order containing blank lines for the Court’s use in establishing the response date. Such motions shall specifically set forth why the shortened response time is necessary. Lack of diligence on the part of the requesting party may result in a summary denial of the request.
A party who is not represented by an attorney shall sign the request or response and state his or her specific address and phone number.
The signatures certify that the signer read the discovery request or response and, after reasonable inquiry, believes it is legally warranted, properly motivated, and not unreasonable or unduly burdensome.
Court's wording
Signature(s) shall constitute a certification that the signing person(s) has read the request or response and that, to the best of that person’s knowledge, information and belief formed after a reasonable inquiry, such request, answer or objection is: (1) warranted by existing law or constitutes a good faith attempt to extend, modify or reverse existing law; (2) for no improper purpose, such as harassment, unnecessary delay or needless increase in the cost of litigation; and (3) not unreasonable, unduly burdensome or expensive, given the needs of the case, the prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the litigation.
A motion by an attorney requesting a discovery conference must include a discovery plan identifying the issues, proposed schedule, proposed limitations and orders, and reasonable efforts to reach agreement with opposing attorneys.
Court's wording
The Court may do so upon motion by the attorney for any party if the motion is accompanied by a discovery plan which includes: (1) A statement of the issues as they then appear; (2) A proposed schedule of discovery; (3) Any limitations proposed to be placed on discovery; (4) Any proposed orders with respect to discovery; and (5) A statement showing that the attorney making the motion has made a reasonable effort to reach agreement with opposing attorneys on the matters set forth in the motion.
In the event an agreement to use depositions in such manner is reached, pursuant to T.R. 32(A)(3)(f), such agreement shall be noted within the context of the deposition.
Answers and objections to interrogatories under T.R. 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection with the interrogatory numbers identified.
When videotapes or DVD’s are offered into evidence, the offering party shall file with the Court a transcript of the testimony contained therein, unless prior approval of the Court removing this requirement has been given.
In all cases where counsel has requested findings of fact and conclusions of law under Trial Rule 52, counsel shall be required to submit proposed findings and conclusions both in written form and on disc formatted for the particular Court’s system.
A motion to compel discovery shall be accompanied by a tendered order compelling discovery with blank date lines for use by the Court in setting a deadline for compliance.
All responses to motions to compel discovery shall set forth the respective question or request propounded and the response or objection. Additionally, a recitation of the legal grounds in support of the response shall be provided.
A party who seeks an award of expenses or attorney’s fees in conjunction with the filing of a Motion to Compel, shall clearly make said request in the motion or in a separate written petition.
All motions to compel discovery shall contain the precise question or request propounded and the responsive answer or objection.
(F) BY AGREEMENT OF COUNSEL. Where all counsel of record agree to the continuance, such agreement shall be submitted to the Court in a denominated “Agreed Motion for Continuance” signed by all counsel of record or by recitation within the text and title of the Motion that all counsel agree.
(H) TENDER OF ORDER. All Motions for Continuance shall be accompanied by a tendered order sustaining same. The order shall identify the date and time of the existing hearing to be vacated and reset and contain appropriate blanks for the continued hearing to be completed by the Court.
Motions for Summary Judgment shall be accompanied by a brief.
(1) Any Motion for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.
(3) Each finding shall be accompanied by specific reference to the material that supports said finding.
When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.
(2) Responses to Motions for Partial Summary Judgment shall similarly be accompanied by proposed findings of fact which reflect the genuine issues which a party contends exist in a cause.
Briefs in support of and in opposition to Motions for Summary Judgment shall make specific reference to materials relied upon to support or oppose the Motion.
When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.
(B) MATERIAL IN SUPPORT OF AND IN OPPOSITION TO SUMMARY JUDGMENT. At or prior to the time of filing a Motion for Summary Judgment and Brief in support thereof or an opposing brief, counsel shall insure, that all supporting or opposing materials, including affidavits, are made a part of the record in the cause.
(4) Conclusions of law shall make reference to statutory or case citations
which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.
When additional filings are made, attorneys who are to be involved in the proceedings shall file a new Appearance.
A party requesting trial de novo for an infraction or ordinance violation must file a surety or cash deposit securing the specified claims and costs, in the amount set for the violation plus statutory costs.
Court's wording
(A) The party filing request for trial de novo shall file with the Clerk of the Court a surety or cash deposit in accordance with Supreme Court Rule 2(D)(1). (B) The bond required by Supreme Court Rule 2(D)(1) shall secure the State or municipality’s claims, interest, and court costs, undertaking both the litigation of the trial de novo to a final judgment and payment of any judgment entered against a party filing the request by the trial de novo court. (C) The bond shall be in an amount as follows: “C” infraction and traffic ordinance violations $500.00; “B” infraction $1,000.00; “A” infraction and non-traffic ordinance violations $1,500.00; plus the statutory costs in the trial de novo court.
A party requesting trial de novo after a civil judgment must file a bond or cash deposit based on the judgment, with specified interest and attorney-fee additions, subject to the court’s jurisdictional limit.
Court's wording
(A) The party filing the request for trial de novo shall file with the Clerk of the Court a surety bond or cash deposit in accordance with Supreme Court Rule 1(C)(1). The bond or cash deposit required by Supreme Court Rule 1(C)(1) shall be in the amount of the judgment entered in the city or town court, plus an amount equaling eight percent (8%) of the total judgment as an allowance for interest. In any case where attorney fees have been awarded as part of the total judgment, the amount of bond shall be increased by 25 percent (25%) of the total judgment as an allowance for additional attorney fees. This bond, however, shall not exceed the jurisdictional limit of the city or town court from which the appeal is taken.
The decree must also provide for the payment of medical bills not paid for by insurance to the child support rules.
Sufficient copies of the decree for all counsel and parties if unrepresented must be tendered.
At contested final hearings, counsel are directed to prepare and submit a list of assets, list of debts, and proposed distribution of assets and debts indicating those items which are in dispute along with any other supporting documents or exhibits.
The parties must also file a child support worksheet to accompany any Agreed Order involving support, including their Decree of Dissolution of Marriage.
All divorcing parents with minor children (younger than 18 years of age), and all litigants in paternity actions, must attend the “Families in Transition” program and provide the court with the original certificate of attendance.
The written decree must state that the non-custodial parent is responsible for the annual child support docket fee.
Also, if applicable, a child support worksheet shall be filed by each party.
A child support worksheet must be attached to all decrees.
A decree prepared following a hearing at the direction of the court shall be prepared by Counsel for the Petitioner and submitted to counsel for the Respondent who shall both sign the Decree “Approved as to Form.”
Exhibits and trial materials will be released to counsel or parties pursuant to a receipt executed by counsel and upon proof that 10 days prior notice has been given to opposing counsel.
A petition to withdraw appearance, accompanied by the proper appearance of other counsel, or where one has been recently filed, shall constitute a waiver of the notice requirements of (B) of this rule.
Parties may, however, waive hearing upon said motions by filing with the Court, simultaneous with said filing, a written “WAIVER OF HEARING” upon a page separate from and not incorporated in the pleading or motion.
If an attorneys’ conference is held, plaintiff’s counsel must prepare a statement about it and file the statement with the Court at the pretrial conference.
Court's wording
In the event a Conference of Attorneys is held, plaintiff’s counsel shall prepare, in advance of the Pre-Trial Conference, a statement regarding the conference of attorneys and forward same to opposing counsel for their approval. Said statement shall then be filed with the Court at the time of the Pre- Trial Conference.
The Court may request counsel to prepare and tender a proposed Pre-Trial Order or prepare one itself, and all counsel and parties must strictly comply with the order.
Court's wording
(F) PRE-TRIAL ORDER. Following the Pre-Trial Conference, the Court may request that counsel prepare and tender a proposed Pre-Trial Order or, in the alternative, the Court itself may prepare and forward to counsel a Pre-Trial Order. In all cases, however, the letter and intent of such Pre-Trial Order shall be strictly complied with by all counsel and parties.
After a discovery conference, the Court will enter an order addressing the identified issues, discovery plan and schedule, any limitations, allocation of expenses as needed, and other discovery matters.
Court's wording
Subsequent to the conference, the Court will enter a discovery conference order which will encompass the following: (1) A tentative identification of the issues; (2) Plan and schedule for discovery; (3) Recitation of limitations, if any, on discovery; (4) Allocation of expenses, as may be deemed necessary for the proper management of discovery in the action; (5) Any other matters relating to discovery.
Motions to compel and responses or objections which merely make reference to the moving party’s discovery motion and the opposing party’s response or objection shall be subject to summary ruling.
Filing & Service rules
Filing Timing and Cure Windows
The opposing party has 10 days after service of the petition to respond and request a hearing; failure to respond may result in summary granting, though the Court may set a hearing in its discretion.
The opposing party shall have a period of ten (10) days after service of the petition in which to respond and request a hearing. A failure to respond may result in a summary granting of the petition. The Court may, however, in its discretion, set hearing upon any such petition and response.
Page 10 | LR68-TR37-113 MOTIONS TO COMPEL
(F) UNTIMELY MOTIONS FOR SUMMARY JUDGMENT. Due to congestion of Court calendars, any Motion for Summary Judgment filed less than thirty (30) days before the trial may not be considered by the Court.
(F) UNTIMELY MOTIONS FOR SUMMARY JUDGMENT. Due to congestion of Court calendars, any Motion for Summary Judgment filed less than thirty (30) days before the trial may not be considered by the Court.
Page 12 | LR68-TR56-116 MOTIONS - SUMMARY JUDGMENT
An adverse party has 30 days after service of the movant’s brief to file an answer brief and any opposing affidavits.
An adverse party shall have thirty (30) days after service of the movant’s brief to file an Answer brief and any opposing affidavits.
Page 12 | LR68-TR56-116 MOTIONS - SUMMARY JUDGMENT
The written no-contact order must be submitted to the Judge on the next business day of the Court; failure to seek a written order may result in release of the no-contact provision.
which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court. Failure to seek written order may result in release of the no contact provision.
Page 21
In dissolution actions, proof of attendance must be filed before the final hearing begins or accompany the Waiver of Final Hearing.
In dissolution actions, proof of attendance must be filed prior to the commencement of their final hearing or accompanying their Waiver of Final Hearing.
Page 29 | LR68-FL00-501(A) CHILD SUPPORT WORKSHEET AND CERTIFICATE OF ATTENDANCE
Counsel should wait to file a summary judgment motion until discovery is sufficiently complete to permit proper assessment of the motion and response.
Although the rules of civil procedure permit early filing of Motions for Summary Judgment, counsel should refrain from filing Motions for Summary Judgment until discovery is sufficiently complete to permit a proper assessment of the Motion and Response.
Page 12 | LR68-TR56-116 MOTIONS - SUMMARY JUDGMENT
If a summary judgment motion is filed prematurely, the court may delay its ruling and hearing until after the pretrial conference.
When Motions for Summary Judgment are prematurely filed, the Court may delay ruling and hearing thereon until a time subsequent to the Pre-trial Conference.
Page 12 | LR68-TR56-116 MOTIONS - SUMMARY JUDGMENT
A separate order will be issued by the court, and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
A separate order will be issued by the court, and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Page 30 | LR68-FL00-501(F) GUARDIAN AD LITEMS/CASA
Service and Proof of Service Rules
After a Special Judge qualifies, parties must mail or deliver copies of subsequent filings to that judge.
Once a Special Judge has qualified, parties shall mail or deliver to the Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.
Page 5 | LR68-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Objections or additions to matters in the discovery-conference motion must be served within ten days after service of the motion.
Objections or additions to matters set forth in the motion shall be served no later than ten (10) days after service of the motion.
Page 8 | LR68-TR26-110 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS (A) DISCOVERY CONFERENCE
Notice of a motion for a discovery conference must be served on all parties.
Notice of the motion shall be served on all parties.
Page 8 | LR68-TR26-110 DISCOVERY CONFERENCE AND DISCOVERY MATERIALS (A) DISCOVERY CONFERENCE
The Defendant must disclose and furnish relevant discovery to the State within 15 days after the State's disclosure.
and the Defendant shall disclose and furnish all relevant items and information under this rule to the State within fifteen (15) days after the State’s disclosure.
Page 15 | LR68-CR00-202 AUTOMATIC CRIMINAL DISCOVERY RULES (A) GENERAL PROVISIONS
After defense counsel appears, the State must disclose and furnish relevant discovery to the Defendant within 30 days, subject to constitutional limits and any separate court order.
Upon the entry of an appearance by an attorney for the Defendant, the State shall disclose and furnish all relevant items and information under this rule to the Defendant within thirty (30) days from the date of the appearance, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order
Page 15 | LR68-CR00-202 AUTOMATIC CRIMINAL DISCOVERY RULES (A) GENERAL PROVISIONS
The Defendant must make a discovery disclosure within 15 days thereafter.
and a discovery disclosure by the Defendant within 15 days thereafter.
Page 15 | LR68-CR00-201 CRIMINAL PRE-TRIAL CONFERENCES
The Automatic Discovery Rules require a discovery disclosure by the State within 30 days of the Initial hearing
The Automatic Discovery Rules require a discovery disclosure by the State within 30 days of the Initial hearing
Page 15 | LR68-CR00-201 CRIMINAL PRE-TRIAL CONFERENCES
The Court Reporter may dispose of trial materials after 30 days following judgment if 10 days' notice is given to all counsel of record.
The Court Reporter may dispose of trial materials at any time after 30 days following judgment, provided 10 days notice is given to all counsel of record.
Page 33 | LR68-AR00-703 DISPOSITION OF TRIAL MATERIALS (B)(2)
More than 30 days after judgment, proof of 10 days' prior notice to opposing counsel is required before exhibits and trial materials are released.
Exhibits and trial materials will be released to counsel or parties pursuant to a receipt executed by counsel and upon proof that 10 days prior notice has been given to opposing counsel.
Page 33 | LR68-AR00-703 DISPOSITION OF TRIAL MATERIALS (B)(2)
Furnish adequate copies when requesting law-enforcement service, such as for protective orders.
Adequate copies must be furnished where a request is made for service by law enforcement authorities, e.g., protective orders.
Page 5 | LR68-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
Documents submitted to the Court must include enough copies for the Clerk to retain the original and for all parties or attorneys of record, plus one additional copy of orders for the RJO.
All documents submitted to the Court shall be accompanied by sufficient copies to provide retention of the original by the Clerk (plus one additional copy of orders for retention in the RJO) and copies for all parties or attorneys of record.
Page 5 | LR68-TR10-105 PREPARATION OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS
If an attorneys’ conference is held, plaintiff’s counsel must prepare a statement in advance of the pretrial conference and forward it to opposing counsel for approval.
In the event a Conference of Attorneys is held, plaintiff’s counsel shall prepare, in advance of the Pre-Trial Conference, a statement regarding the conference of attorneys and forward same to opposing counsel for their approval.
Page 6 | LR68-TR16-107 CIVIL PRE-TRIAL CONFERENCES
A separate order will be issued by the court, and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
A separate order will be issued by the court, and the CASA appointed by the Court should file a written report with the court, with a copy to all counsel and parties of record, within 2 days of any scheduled hearing.
Page 30 | LR68-FL00-501(F) GUARDIAN AD LITEMS/CASA
The clerk is authorized to use an electronic certified-mail return receipt, which the courts designate as satisfying the Trial Rules’ service requirements.
The Randolph County Clerk shall be authorized to utilize a process for return of certified mail through an electronic version in accordance with USPS Postal Bulletin 22137 as an electronic return receipt. The Courts hereby designate this means of service as meeting the requirements of the Trial Rules governing service.
Page 3 | LR68-TR4.15-102 ELECTRONIC RETURN RECEIPT
Filing Fees and Waivers
An indigent rush or overnight transcript prepared within 24 hours or less costs $7.50 per page.
If a court reporter is requested to prepare in indigent “rush/overnight” transcript (preparation within twenty-four (24) hours or less), the per page fee shall be $7.50.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
Index and table-of-contents pages are charged at the applicable per-page transcript-preparation rate.
The Index and Table of Contents pages shall be charged at the per page rate being charged for transcript preparation either for county, state or private cases.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
County indigent transcript fees are capped at $4.50 per page, with specified half-rate copy and exhibit fees and a $6.50 per-page expedited rate.
The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.50; including cover pages; ½ of per page fee for transcript for each page for a copy of a transcript provided to the Public Defender’s. Office or the Prosecutor’s Office; and ½ of per page fee for each exhibit. The fee for an “expedited” transcript (preparation within three (3) days) on a county case shall be $6.50 per page.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
A private rush or overnight transcript prepared within 24 hours or less is capped at $7.50 per page.
If a court reporter is requested to prepare a private “rush/overnight” transcript (preparation within twenty-four (24) hours or less), the maximum per page fee shall be $7.50.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
Private transcript fees are capped at $4.50 per page, expedited fees are agreed but capped at $6.50, and specified copies and exhibits may be charged at half the transcript fee.
The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $4.50 with the court reporter being responsible for expenses as provided in Section Four (4), Paragraph Two (2). The fee for an “expedited” transcript (preparation within three (3) days) on a private case will be agreed upon between the court reporter and party requesting the same but in no event may exceed $6.50 per page. The court reporter may charge up to ½ of per page fee for transcript for each page for a copy of a transcript (including a disc copy), or ½ of per page fee for each exhibit with the court reporter being permitted to use the court system’s copy machine outside of regular work hours. If so requested by a party, an “original copy” generated from the computer may be reproduced and charged at one-half (½) the transcript fee.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
State indigent transcripts are capped at $4.50 per page, with copies and exhibits at half the per-page fee and expedited transcripts capped at $6.50 per page.
The maximum per page fee a court reporter may charge for the preparation of a State indigent transcript shall be $4.50; and ½ of per page fee for transcript for each page for a copy of a transcript; and ½ of per page fee for each exhibit. The fee for a State Public Defender requested “expedited” transcript (preparation within three (3) days) on a State indigent case will in no event exceed $6.50 per page.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
A court reporter may charge an additional labor fee for specified binding and exhibit-preparation work, generally limited to five hours subject to the stated unusual-circumstances provision.
An additional labor charge approximating the hourly rate based upon the court reporter’s annual fixed compensation as reflected in the court budget, may be charged for the time spent binding/scanning exhibit preparation the transcript and exhibit binders. The labor charge shall not exceed five (5) hours, unless unusual circumstances permit the submission of a recapitulation enumerating the hours spent beyond the two (2) hour base.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
A State Public Defender-requested indigent rush or overnight transcript prepared within 24 hours or less costs $7.50 per page.
If a court reporter is requested by the State Public Defender to prepare an indigent “rush/overnight” transcript (preparation within twenty-four (24) hours or less), the per page fee shall be $7.50.
Page 35 | SECTION TWO. SALARIES AND PER PAGE FEES
The court reporter is responsible for supplies for private transcripts and may not charge their cost separately.
All supplies for Private transcripts, i.e. transcript paper, binders and copy paper shall be the responsibility of the court reporter. The court reporter will not be allowed to charge for the cost of such supplies due to the allotted fee approved herein for the preparation of a private transcript.
Page 36 | SECTION FOUR. SUPPLIES
A minimum fee of up to $35 per transcript is allowed for transcripts shorter than eight pages.
A minimum fee up to $35.00 per transcript shall be allowed for transcripts under eight (8) pages.
Page 36 | SECTION TWO. SALARIES AND PER PAGE FEES
Supplies for county or state indigent transcripts must be provided through the court system’s office supply account.
All supplies for County or State indigent transcripts, i.e. transcript paper, binders and copy paper shall be provided through the court system’s office supply account.
Page 36 | SECTION FOUR. SUPPLIES
Pre-Motion Conference Requirements
An adverse party has 15 days after service of the movant’s brief to file an answer brief; untimely briefs subject T.R. 12 motions to summary ruling.
An adverse party shall have 15 days after service of the movant’s brief to file an answer brief. Failure to timely file briefs shall subject all motions filed pursuant to T.R. 12 to summary ruling.
Page 6 | LR68-TR12-106 MOTIONS - RULE 12
Trial Rule 26(F) must be complied with before filing a motion to compel discovery or a motion for protection from discovery.
Trial Rule 26(F) shall be complied with prior to the filing of any Motion to Compel Discovery pursuant to Trial Rule 37 or any Motion for Protection from Discovery pursuant to Trial Rule 26(C).
Page 10 | LR68-TR37-113 MOTIONS TO COMPEL
Before filing a continuance motion, counsel must consult all opposing counsel about the request and its reasons, state that consultation and opposing counsel’s position in the motion, and make specific follow-up attempts if initial contact fails.
(E) CONSULTATION WITH OPPOSING COUNSEL. Prior to filing a Motion for Continuance, the movant’s counsel shall contact all opposing counsel of record and apprise them of the fact that a continuance will be sought and the reasons for the same. A Motion for Continuance shall recite that a consultation was sought and the position of opposing counsel to the sought continuance. Mere statements that attempts to reach opposing counsel have been unsuccessful without showing specific follow-up attempts may result in a summary denial of the motion.
Page 11 | LR68-TR53.5-115 CONTINUANCES
Adjournment & Extension Requirements
An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.
An initial written motion for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be automatically granted, allowing an additional thirty (30) days from the original due date.
Page 3 | LR68-TR6-103 MOTIONS FOR ENLARGEMENT OF TIME
A subsequent extension motion must state specific reasons in writing and identify its sequence in the heading; the court may allow opposing counsel to respond.
Any subsequent motions for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be supported with a written statement of specific reasons why a second or subsequent extension is required. Further, the motion shall clearly indicate in the heading that is a second, third etc., motion for enlargement of time. The Court, upon its own discretion, may allow opposing counsel an opportunity to respond to subsequent motions for enlargement of time.
Page 4 | LR68-TR6-103 MOTIONS FOR ENLARGEMENT OF TIME
Requests to extend time for filing briefs or similar action must be filed timely and accompanied by a tendered order and the copies prescribed by Rule 3.
All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.
Page 6 | LR68-TR12-106 MOTIONS - RULE 12
A continuance motion must be filed as soon as the cause is discovered and no later than five business days before trial, unless an affidavit shows the reasons arose within that five-day period.
(D) TIME FOR FILING. Motions for Continuance shall be filed as soon after the cause for continuance is discovered by the party seeking same, and no later than five (5) business days before the date assigned for trial, unless the reasons therefore are shown by affidavit to have occurred within said five (5) day period.
Page 11 | LR68-TR53.5-115 CONTINUANCES
Unless made in open court or otherwise directed by the court, a continuance motion must be written and verified, state the existing hearing date and time and specific reasons, and avoid only general assertions.
(B) MOTION. A Motion for Continuance, unless made in open Court, shall be in writing and verified unless the Court directs otherwise. The motion shall set forth the date and time of the existing hearing and the specific reasons for the requested continuance. A motion which contains only general assertions, e.g., “Unavailability” or “other commitments”, with no additional specificity may be subject to summary denial.
Page 11 | LR68-TR53.5-115 CONTINUANCES
A contested faxed continuance motion filed less than five days before a hearing must state an emergency basis or may be summarily denied.
Faxed motions for Continuance filed less than five days prior to a hearing and which are contested by the opposing party must state an emergency basis for continuance or are subject to summary denial.
Page 11 | LR68-TR53.5-115 CONTINUANCES
An extension of time to file a brief may be granted only by court order.
Extensions of time for filing briefs shall be granted only by order of the Court.
Page 12 | LR68-TR56-116 MOTIONS - SUMMARY JUDGMENT
The court may require the party requesting a continuance to sign the written motion in addition to counsel.
(C) SIGNING REQUIREMENT BY PARTY TO SUIT. The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to counsel.
Page 11 | LR68-TR53.5-115 CONTINUANCES
The court may, in its discretion, assess costs and expenses necessarily incurred by the court or parties because of continuances or delays.
(G) PAYMENT OF COSTS. The Court, in its discretion, may assess any costs and expenses necessarily incurred by the Court or parties as a result of continuances or delays.
Page 11 | LR68-TR53.5-115 CONTINUANCES
Where feasible, agreed continuance motions should be filed at least seven days before the hearing so the court can schedule other matters.
Agreed Motions should be filed at least seven (7) days before the date of the hearing where feasible in order to permit the Court to schedule other matters.
Page 11 | LR68-TR53.5-115 CONTINUANCES
Continuances are discouraged and are not available to a party as a matter of right, even when another party receives one.
(A) GENERAL. Motions for continuance are discouraged. Parties are not entitled to continuances as a matter of right, and the granting of a continuance for one party does not entitle opposing parties to a continuance as a matter of right.
Page 11 | LR68-TR53.5-115 CONTINUANCES
The Court may, in its discretion, continue the Final Hearing or withhold the Final Decree if a party fails to attend the class or provide the worksheet.
The Court may, in its discretion, continue the Final Hearing or withhold entering the Final Decree for failure to attend the required class or to provide the worksheet.
Page 29 | LR68-FL00-501(A) CHILD SUPPORT WORKSHEET AND CERTIFICATE OF ATTENDANCE
Specified Tuesday Superior Court and Friday Circuit Court hearings may be time-limited; if a party expects a hearing to take substantial time, a continuance should be requested to set it on another weekday.
Hearings scheduled in provisional matters, IV-D Child Support Matters, Contempt Citation and Visitation matters set on Tuesdays in Superior Court and Fridays in Circuit Court may be subject to time limitations. If a party believes the hearing will take a substantial amount of time, a continuance should be requested, with the matter set on a different day of the week.
Page 29 | LR68-FL00-501(E) DOMESTIC/PATERNITY HEARINGS
Chambers Communication Rules
A party may request a hearing, but the court generally decides whether to grant one; requests should be made in writing rather than by correspondence to the court.
Any party may request hearing upon a motion, but the granting of a hearing is discretionary with the Court, except where required by the Indiana Rules of Civil Procedure. Requests for hearing should be made in writing and not by correspondence to the Court.
Page 4 | LR68-TR7-104 MOTIONS - GENERAL
Counsel should contact the Court to determine the appropriate format for proposed findings and conclusions.
Counsel should contact the Court to determine the appropriate format.
Page 10 | LR68-TR52-114 FINDINGS OF FACT AND CONCLUSIONS OF LAW
Outside regular court business hours, the Prosecuting Attorney or Sheriff may contact a Judge to request release on bond or oral authorization for a no-contact order.
If a no-contact order is needed at times other than regular court business hours, the Prosecuting Attorney or the Sheriff may contact a Judge and request release of the arrested person on bond or an oral authorization for a no-contact order,
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