Randolph County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Proposed findings and conclusions

When findings and conclusions are requested under Trial Rule 52, counsel must submit proposed findings and conclusions in writing and on a disc formatted for the Court’s system.

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.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Agreed motion for continuance

When all counsel agree to a continuance, the agreement must be submitted as an “Agreed Motion for Continuance” signed by all counsel, or the motion’s text and title must recite that all counsel agree.

(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.

CRITICAL

Applies to

Motion to compel discovery

Must include

proposed order

A motion to compel discovery must include a tendered order with blank date lines for the Court to set a compliance deadline.

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.

CRITICAL

Applies to

Decree of dissolution

The decree must provide for payment, under the child support rules, of medical bills not paid by insurance.

The decree must also provide for the payment of medical bills not paid for by insurance to the child support rules.

CRITICAL

Applies to

Deposition

An agreement to use a deposition in lieu of oral testimony at trial must be noted in the deposition.

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.

CRITICAL

Applies to

Summary judgment motion

A motion for summary judgment must be accompanied by a brief.

Motions for Summary Judgment shall be accompanied by a brief.

CRITICAL

Applies to

Decree of dissolution

Sufficient copies of the decree must be tendered for all counsel and any unrepresented parties.

Sufficient copies of the decree for all counsel and parties if unrepresented must be tendered.

CRITICAL

Applies to

Filing

A certificate of forwarding the copies to the qualified Special Judge must be made part of the original documents.

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.

CRITICAL

Applies to

Contested final hearing submission

At contested final hearings, counsel are directed to submit asset and debt lists, a proposed distribution identifying disputed items, and supporting documents or exhibits.

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.

CRITICAL

Applies to

Withdrawal petition

Withdrawal requires ten days’ written notice to the client, and a copy of that notice must be attached to the petition.

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.

CRITICAL

Applies to

Partial summary judgment motion

A motion for partial summary judgment must include proposed findings of fact and conclusions of law.

(1) Any Motion for Partial Summary Judgment shall be accompanied by proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing form must be provided when a motion requires hearing notice.

When a motion requires notice of hearing, a Notice of Hearing form shall be provided.

CRITICAL

Applies to

Proposed findings of fact

Each proposed finding must specifically reference the material supporting it.

(3) Each finding shall be accompanied by specific reference to the material that supports said finding.

CRITICAL

Applies to

Trial de novo request

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.

(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.

CRITICAL

Applies to

Response to motion to compel discovery

A response to a motion to compel must state the question or request, the response or objection, and the legal grounds supporting the response.

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.

CRITICAL

Applies to

Summary judgment brief

When a brief refers to a pleading, counsel must tell the court the pleading’s filing date.

When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.

CRITICAL

Applies to

Withdrawal petition

Must include

proposed order

Counsel must tender an order granting the withdrawal petition and requested relief when filing 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.

CRITICAL

Applies to

Interrogatory answers and objections

Answers and objections to interrogatories must reproduce each interrogatory in full immediately before the answer or objection and identify its number.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Receipt

More than 30 days after judgment, release of exhibits and trial materials requires a receipt executed by counsel and proof that opposing counsel received 10 days' prior notice.

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.

CRITICAL

Applies to

Extension request

Must include

proposed order

An extension request for briefs or similar action must include a tendered order and sufficient copies as prescribed in 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.

CRITICAL

Applies to

Withdrawal notice

The withdrawal notice must include the client’s complete mailing address, specified warnings, and pertinent pending dates and deadlines.

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).

CRITICAL

Applies to

Agreed order

The parties must file a child support worksheet with any Agreed Order involving support, including a Decree of Dissolution of Marriage.

The parties must also file a child support worksheet to accompany any Agreed Order involving support, including their Decree of Dissolution of Marriage.

CRITICAL

Applies to

Appearance

Attorneys who will participate in criminal proceedings must file a new appearance when additional filings are made.

When additional filings are made, attorneys who are to be involved in the proceedings shall file a new Appearance.

CRITICAL

Applies to

Attendance certificate

Divorcing parents with minor children and litigants in paternity actions must attend the program and provide the court the original attendance certificate.

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.

CRITICAL

Applies to

Partial summary judgment response

A response to a motion for partial summary judgment must include proposed findings of fact reflecting the genuine issues the party contends exist.

(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.

CRITICAL

Applies to

Decree of dissolution

A written decree involving minor children must state that the non-custodial parent is responsible for the annual child support docket fee.

The written decree must state that the non-custodial parent is responsible for the annual child support docket fee.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Every continuance motion must include a tendered order identifying the existing hearing date and time to be vacated and reset, with blanks for the court to complete for the continued hearing.

(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.

CRITICAL

Applies to

Child support worksheet

If applicable, each party must file a child support worksheet for a contested final hearing.

Also, if applicable, a child support worksheet shall be filed by each party.

CRITICAL

Applies to

Decree

A child support worksheet must be attached to every decree.

A child support worksheet must be attached to all decrees.

CRITICAL

Applies to

Motion for enlargement of time

An enlargement motion must state the response’s due date and requested extended date, and an untimely motion must explain why it is late.

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.

CRITICAL

Applies to

Written no contact order

An oral authorization for a no-contact order must be reduced to a written order and submitted to the Judge.

which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.

CRITICAL

Applies to

Discovery request or response

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.

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.

CRITICAL

Applies to

Motion

A motion to shorten the discovery response time must explain why the shortened time is necessary; lack of diligence may result in summary denial.

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.

CRITICAL

Applies to

Videotape or dvd evidence

When offering videotapes or DVDs into evidence, the offering party must file a transcript unless the Court has approved removing that requirement.

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.

CRITICAL

Applies to

Motion to compel or separate written petition

A party seeking expenses or attorney’s fees for a motion to compel must clearly request them in the motion or in a separate written petition.

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.

CRITICAL

Applies to

Motion

A motion filed pursuant to T.R. 12 must be accompanied by a brief or memorandum.

All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief or memorandum.

CRITICAL

Applies to

Withdrawal petition

Counsel seeking to withdraw an appearance in a pending action must file a petition requesting leave of court.

Counsel desiring to withdraw an appearance in any pending action shall file a petition requesting leave of Court to do so.

CRITICAL

Applies to

Discovery request or response

A party without an attorney must sign the discovery request or response and provide a specific address and phone number.

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.

CRITICAL

Applies to

Motion for enlargement of time

Must include

proposed order

Every motion for enlargement of time must be accompanied by a tendered order granting it.

All motions for enlargement of time shall be accompanied by a tendered order sustaining same.

CRITICAL

Applies to

Summary judgment brief

Summary judgment support and opposition briefs must specifically reference the materials relied on.

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.

CRITICAL

Applies to

Appearance form

An appearance on the prescribed form must be filed to represent a party at a hearing and receive court notices.

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.

CRITICAL

Applies to

Discovery request or response

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.

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.

CRITICAL

Applies to

Summary judgment brief

A brief referring to interrogatories or a deposition must include the pertinent questions and answers as attachments.

When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.

CRITICAL

Applies to

Summary judgment filings

By the time a summary judgment motion and supporting brief or an opposing brief is filed, counsel must ensure all supporting or opposing materials, including affidavits, are part of the record.

(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.

CRITICAL

Applies to

Pleading motion or other document

Each filed pleading, motion, or other document must identify the filer’s specified contact and attorney information and the party represented.

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.

CRITICAL

Applies to

Post hearing decree

A post-hearing decree prepared at the court's direction must be prepared by petitioner's counsel, submitted to respondent's counsel, and signed by both as “Approved as to Form.”

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.”

CRITICAL

Applies to

Trial de novo request

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.

(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.

CRITICAL

Applies to

Proposed conclusions of law

Proposed conclusions of law must refer to statutory or case citations.

(4) Conclusions of law shall make reference to statutory or case citations