St. Joseph County Superior Court, Indiana

Electronic filing of pleadings by computerized or facsimile transmission is prohibited unless authorized by LR 701 et seq.

Unless otherwise authorized by LR 701 et seq., electronic filing of pleadings by computerized or facsimile transmission is not permitted.

Page 29 | Rule LR71-TR77-201. Filing, Pleading, and Motions; 201.2. Filing with the Clerk

Reports of appraisers, masters, and commissioners must be filed electronically with the Court.

Reports of appraisers, masters, and commissioners shall be electronically filed with the Court.

Page 32 | 201.6. Reports

An attorney entering an appearance or a defendant appearing pro se must file a written appearance electronically in accordance with Indiana Trial Rule 3.1.

An attorney entering an appearance on behalf of any party, or defendant appearing “Pro-se” shall file a written appearance electronically as provided by and in accordance with Rule 3.1 of the Indiana Rules of Trial Procedure.

Page 58 | 304.1. Written Appearance

Probate Court notice requirements must comply with the Local Rules for Electronic Filing.

Notice requirements in the Probate Court must also comply with the Local Rules for Electronic Filing.

Page 103 | Local Probate Rules for St. Joseph County

All Probate Court filings must comply with the Local Rules for Electronic Filing.

All filings in the Probate Court must comply with the Local Rules for Electronic Filing.

Page 103 | Rule LR71-PR00-602. Filing of Pleadings; 602.1. Compliance

Some documents, such as inheritance tax returns, are required to be filed in paper format. When necessary, such documents may be filed with the Clerk for transmittal to the Court.

Some documents, such as inheritance tax returns, are required to be filed in paper format. When necessary, such documents may be filed with the Clerk for transmittal to the Court.

Page 103 | Rule LR71-PR00-602. Filing of Pleadings; 602.2. Paper Pleadings

Probate Court documents must be filed electronically in QUEST, except for documents specifically exempted by the court; old cases need not convert until activity occurs.

These rules apply to all new cases filed with the Probate Court and all old cases already filed with the Probate Court. Old cases will not be required to convert to the computer system until some activity occurs in the case. As of January 1, 2006, all documents (other than those specifically excepted by the Probate Court) shall be filed electronically in all cases. The Probate Court is utilizing a computer case management system known as “QUEST.” A filing in QUEST or a QUEST filing is a filing in the Probate Court’s computer system.

Page 113 | 702.1. Application; 702.2. Case Management System

A person must have a password and user identification granting access to QUEST to create a new case.

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 114 | 702.4.1. New Cases

A person must complete and file an appearance form before electronically filing a pleading in QUEST; access follows acceptance and is removed when an attorney withdraws.

To electronically file a pleading in QUEST, one must first complete an appearance form and file it with the clerk. 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. Whenever an attorney withdraws his appearance in a case, his accessibility to that case for the filing of pleadings will be removed.

Page 114 | 702.4.2. Existing Cases

Accessing Probate Court files electronically through QUEST requires a unique username and password, issued after the requester executes a user agreement.

In order to access Probate Court files electronically on the QUEST case management system, a person must obtain a unique username and password. Prior to being assigned a username and password, the requesting individual must execute a user agreement with the Probate Court. Upon receipt of the signed user agreement, the QUEST system administrator will issue a unique user identification and password.

Page 115 | 702.5.1. Password

A signed DVCSRRP plea must be e-filed before transfer can occur.

Transfer will occur only after a signed DVCSRRP plea has been e-filed.

Page 137

After successful assessment and acceptance to the Veteran’s Court Program, a signed Veteran’s Court plea must be e-filed before the cause is transferred.

Upon successful completion of the assessment process as determined by the Veteran’s Court team, acceptance to the Veteran’s Court Program, and the e-filing of a signed Veteran’s Court plea, the cause shall be transferred to the Superior Court judge assigned to Veteran’s Court and given that judge’s cause number designation.

Page 137

After successful assessment and acceptance to the Drug Court Program, a signed Drug Court plea must be e-filed before the cause is transferred.

Upon successful completion of the assessment process as determined by the Drug Court team, acceptance to the Drug Court Program, and the e-filing of a signed Drug Court plea, the cause shall be transferred to the Superior Court judge assigned to Drug Court and given that judge’s cause number designation.

Page 137

CCS entries must not be filed because the electronic filing system generates them.

Chronological Case Summary (CCS) entries shall not be filed. All CCS entries are generated by the electronic filing system.

Page 31 | 201.4.1. Chronological Case Summary Entry Form

Documents may be filed electronically while the Clerk’s office is open to receive filings or at other times designated by the Clerk and publicly posted.

A document may be filed through an E-filing system at any time that the Clerk’s office is open to receive the filing or at such other times as may be designated by the Clerk and posted publicly.

Page 114 | 702.4.3. Time of Filing

An attorney must not knowingly allow anyone other than an employee of the attorney’s law firm to use the attorney’s username and password.

No attorney shall knowingly permit or cause to permit his username and password to be utilized by anyone other than an employee of his law firm.

Page 115 | 702.5.2. Security

Each user is responsible for their password, and no one may knowingly use or cause another to use someone else’s password without permission or contrary to 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 115 | 702.5.2. Security

A person may, but is not required to, notify the Court by signing the Notice and mailing or delivering it to the appropriate Court address shown on the Summons.

You may, but are not required to, notify the Court by signing this Notice where indicated and mailing or delivering it to the appropriate Court at either 101 S. Main Street, South Bend, IN 46601 or 219 Lincolnway West, Mishawaka, IN 46544, as indicated on the Summons.

Page 50 | Appendix A — Notice Regarding Mortgage Foreclosure

The Court will provide assistance or instruction to electronic filing system users and make provisions to ensure access for disabled or self-represented parties or litigants.

The Court will provide assistance and/or instruction to individuals utilizing the electronic filing system. Provisions will be made to ensure access to the system by disabled or self-represented parties or litigants.

Page 115 | 702.5.4. Training and Assistance

A motion to enlarge time must be filed no later than the original due date for the rule to apply.

The motion must be filed on or before the original due date or this Rule shall be inapplicable.

Page 33 | 201.7.5. Motion for Enlargement of Time.

Unless an exception applies, the hearing on a Motion to Withdraw must be set at least 14 days after the motion is filed.

Unless authorized by the party in open Court or in writing or upon the appearance of other counsel, an attorney will be permitted to withdraw their appearance for a party only after filing a Motion to Withdraw and setting the matter for hearing not fewer than 14 days from the date of filing.

Page 35 | 204.2. Withdrawal of Appearance

If trial has been set, a motion to withdraw must be filed at least 30 days before trial unless the court grants leave to file later.

If a trial date has already been set, a motion to withdraw an appearance must be filed at least 30 days before that date unless the attorney has leave of the court to file in a shorter amount of time.

Page 35 | 204.2. Withdrawal of Appearance

Unless the Court authorizes otherwise, the hearing must be scheduled at least 14 days after the time allowed for filing briefs.

Unless otherwise authorized by the Court, the hearing shall be scheduled for a day not fewer than 14 days after the time allowed for the filing of briefs as specified in Rule 206.1 supra.

Page 36 | 206.2. Hearing; Hearing Date; Opposing Memorandum

For other motions or matters, an adverse party wishing to respond must do so within 15 days of service, as long as that is consistent with the Indiana Rules of Procedure.

With regard to all other motions or matters submitted to the Court, and so long as consistent with Indiana Rules of Procedure, an adverse party wishing to respond shall do so within 15 days of service.

Page 36 | 206.1. Supporting Memorandum of Law

Failing to file an answer or reply brief on time waives the right to that brief and subjects the motion to summary ruling.

Failure to file an answer brief or reply brief within the time prescribed shall be deemed a waiver of the right thereto and shall subject the motion to summary ruling.

Page 36 | 206.1. Supporting Memorandum of Law

An adverse party must serve and file an answer brief within 30 days after service of the motion.

An adverse party shall have 30 days after service of the motion in which to serve and file an answer brief.

Page 36 | 206.1. Supporting Memorandum of Law

A party seeking attorney’s fees must file the attorney-executed affidavit when filing the default-judgment motion or at the scheduled hearing for entry of default judgment.

At the time of filing of a motion for default judgment or at the time of a hearing scheduled for entry of a default judgment, a moving party who is requesting an allowance of attorney’s fees shall file an affidavit executed by the attorney requesting the fee.

Page 38 | 207.3 Affidavit of Attorney Fees

The default-judgment affidavit must be filed when the motion is filed or at the scheduled hearing for entry of default judgment.

At the time of filing of a motion for default judgment or at the time of a hearing scheduled for entry of a default judgment, the moving party shall file an affidavit indicating that the party or parties against whom default is sought is not a member of the military service, is neither a minor nor incompetent, and is not institutionalized.

Page 38 | 207.2 Affidavit for Judgment by Default

Special-instruction requests must be submitted by the commencement of trial, or earlier if ordered; additional instructions may be tendered during trial for matters not reasonably anticipated in advance.

All requests for special instructions tendered in accordance with T.R. 51 shall be submitted to the Court not later than the commencement of the trial or in advance of trial if ordered by the Court. The Court shall, in the interests of justice, permit the tender of additional instructions during the trial on matters which could not have been reasonably anticipated in advance of trial.

Page 45 | Rule LR71-TR51-212. Trial Procedures; 212.2. Instructions Requested at Commencement of Trial

For matters requiring a proposed order, the moving party or applicant must furnish it before the Court enters the order.

Before entry by the Court of orders granting motions or applications

Page 46 | Rule LR71-TR77-213. Proposed Orders; 213.1. Matters in Which Proposed Orders Required

Unless the Court directs otherwise or grants leave, proposed orders must be filed within 48 hours after emergency hearings and within seven days under Ind. Trial Rule 6 after other hearings.

Unless otherwise directed or given leave of the Court, proposed Orders in emergency matters shall be filed within 48 hours after a hearing; proposed Orders in other matters shall be filed within seven days as computed by Ind. Trial Rule 6.

Page 47 | 213.4. Orders Following Other Hearings.

Accrued costs and the transfer fee must be paid within 10 days after the transfer order is entered.

When a change of venue from the County is granted, all accrued costs and the fee for transfer must be paid to the Clerk by the moving party within 10 days after the transfer order is entered.

Page 48 | 215.1. Payment of Transfer Fee.

The required written notice of an approaching or passed deadline must be given before filing a praecipe under Indiana Trial Rule 53.1(E).

It shall be the responsibility of counsel or the unrepresented party to advise the assigned Judge, in writing, by motion or other appropriate notice of the approaching or passed deadline prior to filing a praecipe (Notice of Appeal) under Indiana Trial Rule 53.1(E)

Page 48 | Rule LR71-TR53.1-214. Matters Under Advisement.

Post-judgment proceedings may not begin until 10 calendar days after entry of final judgment, although the Court may waive the requirement under a condition described in the continuation.

Post-judgment proceedings shall not be instituted until 10 calendar days have elapsed since the entry of a final decree or judgment in the records of the Clerk of the Court. The Court may waive this requirement where it is

Page 48 | 219.1. Post-Judgment Proceedings.

A person wishing to exercise the right to a foreclosure settlement conference must notify the Court within 30 days after service of the Notice.

If you want to take advantage of this right, you must notify the Court of your intention no more than 30 days after this Notice was served.

Page 50 | Appendix A — Notice Regarding Mortgage Foreclosure

Either party may request a hearing on the summary judgment motion, but the court must receive the request no later than 10 days after the response is filed or due.

Either party may request a court hearing on the summary judgment motion. A written request for a hearing must be received by the Court no later than ten (10) days after the response was filed or is due.

Page 52 | Appendix B

The court must receive a response to the summary judgment motion within 33 days after the opponent’s motion was mailed, or the court cannot consider the response or its attachments.

If you wish to file a response to the motion, the Court must receive your response within thirty-three (33) days after your opponent’s motion was mailed to you. Failure to meet this timeframe will result in the Court being unable to consider your response or any attachments thereto.

Page 52 | Appendix B

A garnishee may return the interrogatory answers to the Clerk by mail within 25 days after service.

In place of said appearance, the Garnishee may answer the following interrogatories and return them to the Clerk of the Court by mail within twenty-five (25) days after service.

Page 55 | Appendix D

A motion to quash or limit a grand jury subpoena must be filed at least seven days before the appearance or production date, unless good cause supports later filing.

Motions to quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than seven (7) days prior to the appearance or production date unless good cause exists for a later filing.

Page 57 | 303.1.3

After the Petition is filed, the Court may enter scheduling orders; cases in which trial is set or requested must be ready on at least three days’ notice, though contested matters may be set sooner at a party’s request if the Court’s calendar permits.

A scheduling order, setting for trial, pre-trial conference, and discovery cut-off dates may be entered by the Court after the filing of the Petition. Each case in which a trial has been set must be ready on at least three (3) days’ notice by the Court to the attorneys of record. Petitions for dissolution will be set by the Court as early as the Court’s calendar permits. Contested matters that are ready for trial in less time than provided herein may be set for trial at the request of one or both of the parties as the calendar of the Court permits. Cases in which a request for trial has been made must be ready on at least three days’ notice by the Court to the attorneys of record.

Page 86 | 410.1. Trial Settings

Each party must file its final verified financial statement and contentions with the Court at least five days before trial.

Each party’s final verified financial statement and contentions must be filed with the Court at least five days before the date of trial.

Page 87 | 410.4 Trial Submissions

An objection to assignment to Family Court must be filed within 10 days after notice is sent and state its basis.

Any such objection must be filed within 10 days after notice is sent that a case has been assigned to Family Court and shall set forth the basis of the objection.

Page 94 | Rule LR71-TR76-420. 423.3. Objection to Assignment to Family Court Jurisdiction

When a Family member leaves the residence, the party or counsel must notify the DRCB within three business days and provide the new address.

When a Family member leaves the residence of a Family member whose case has been assigned to Family Court jurisdiction, the DRCB shall be notified within three (3) business days by the party or counsel, and the new address is to be provided to the DRCB.

Page 95 | Rule LR71-AR00-426. Requirement to Update Information.

A nonresident fiduciary must post bond before qualifying, as required by statute.

A nonresident fiduciary shall post bond before qualification as required by statute.

Page 105 | Rule LR71-PR00-603.7. Nonresident Fiduciary

The fiduciary must prepare an estate inventory within two months after appointment.

An inventory shall be prepared by the fiduciary in an estate within two (2) months following the date of appointment of the fiduciary.

Page 105 | Rule LR71-PR00-604.1. Time Period for Preparation and Filing

After the first accounting, accountings must be filed biennially unless the Court orders otherwise.

Thereafter, unless a contrary order is issued by the Court, all accountings shall be filed biennially.

Page 109 | 609.9 Accountings and Verification Required.

The fiduciary must prepare the guardianship inventory within 90 days after appointment, or within 30 days for a temporary guardianship.

An inventory shall be prepared by the fiduciary in a guardianship within 90 days following the date of appointment, or within 30 days in the case of a temporary guardianship.

Page 109 | 609.7 Inventory.

For cases filed after the Rule’s effective date, the Clerk must provide actual notice to the Plaintiff upon initiation, issue notice to Defendants under Trial Rule 4, or send notice when a party first appears.

The notice (see Appendix) referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a party first appears in a case in all cases filed after the effective date of this Rule.

Page 21 | 112.6 Notification and Disposition

The Court must notify attorneys of record and unrepresented parties about evidence destruction by mail or as otherwise provided, and notice to their last current address is sufficient.

The Court must provide notice, by mail, or as otherwise provided, herein, (see Appendix) to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed pursuant to this Rule if not timely retrieved. Counsel and parties have the duty to keep the Court informed of their current addresses and notice to the last current address shall be sufficient.

Page 21 | 112.6 Notification and Disposition

For civil cases initiated before but disposed of after the Rule’s effective date, sufficient notice copies must be provided to the Court for service on all parties who participated in matters involving tangible evidence.

For all civil cases initiated before the effective date but disposed of after the effective date of this rule, the Court must be provided with a sufficient number of copies of the notice for service on all parties participating in all matters at which tangible evidence was offered or admitted.

Page 22 | 112.6 Notification and Disposition

For qualifying civil cases, notice copies must be provided for service on each defendant and copies must also be returned to each Plaintiff and placed in the Court’s file.

For all civil cases initiated after the effective date of this rule, the party initiating the action must provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a copy to be returned to each Plaintiff and a copy for the Court’s file.

Page 22 | 112.6 Notification and Disposition

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

Page 22 | 112.7 Biological Contaminated Evidence

For qualifying older civil cases or cases where actual notice is impossible, the Court must annually publish notice of intent to destroy evidence and post it at the County Courthouses.

that for those civil cases in which a final disposition was entered at the trial level more than ten (10) years before the effective date of this notice, or with respect to which it is not possible to give actual notice, the Court shall annually issue notice of intent to destroy evidence by publication in a newspaper of general circulation within St. Joseph County, posting at the County Courthouses.

Page 22 | 112.6 Notification and Disposition

Summonses must be served in compliance with Indiana Trial Rule 4.

Summonses shall be served in compliance with Indiana Trial Rule 4.

Page 31 | 201.4.2. Summons

A Judge may be served through the Judge’s secretary or by mail to chambers, but not by email or fax; a courtesy copy may be emailed contemporaneously with service by another permitted method.

Service on a Judge may be made by delivering a copy to the Judge’s secretary or mailing a copy to the Judge at his or her chambers. Service on a Judge may not be accomplished by e-mail or facsimile transmission; however, a courtesy copy may be sent to the Judge’s chambers by e-mail contemporaneously with service by mail or otherwise.

Page 31 | 201.5.4. Service on the Court

When requesting notice that the Clerk must give, the requesting party must provide enough notice copies and stamped, addressed envelopes for the recipients.

Whenever the Clerk is required by rule or statute to give notice, the party or parties requesting such notice shall furnish the Clerk with sufficient copies of the notice to be given, along with stamped, addressed envelopes with the names and the addresses of the parties or their counsel to whom such notice is to be given.

Page 31 | 201.5.3. Service by the Clerk

Covered papers must be served on all counsel of record or unrepresented parties before filing or on the filing date, and the filing date must appear on the Certificate of Service.

Every motion, petition, notice, or other pleading required to be served by T.R. 5 of the Indiana Rules of Trial Procedure, shall be served on all counsel of record or unrepresented parties either before it is filed or on the day it is filed with the Court, and the date of filing shall be indicated on the Certificate of Service.

Page 31 | 201.5.1. Service Generally

Counsel and unrepresented parties who appear after the original complaint must promptly notify all other counsel and unrepresented parties and file proof of the notice.

Counsel and unrepresented parties appearing after the filing of the original complaint shall forthwith notify all other counsel of record and unrepresented parties of such appearance and file proof of such notice.

Page 34 | 204.1. Appearances.

An attorney must provide the client, other counsel, and unrepresented litigants notice of the intended withdrawal and impending dates, prove notice to the Court, and send the client notice by certified mail to the client’s last known address.

The attorney must present to the Court adequate proof of notice to their client, as well as all other counsel and unrepresented litigants, of the intent to withdraw and of any impending pre-trial, hearing, or trial dates. The notice to their client shall be by postage prepaid, certified mail, return receipt requested and received or returned by the Postal Service undeliverable or refused addressed to the last known address of the client.

Page 35 | 204.3. Service of Notice to Withdraw

An adverse party must serve its answer brief within 30 days after service of a Trial Rule 12 or 56 motion.

An adverse party shall have 30 days after service of the motion in which to serve and file an answer brief.

Page 36 | 206.1. Supporting Memorandum of Law

When requesting entry of default judgment, the moving party must demonstrate that service was perfected on the party against whom default is sought.

At the time of the request for entry of a default judgment under T.R. 55, the moving party must demonstrate that service has been perfected on the party or parties against whom default is sought.

Page 37 | Rule LR71-TR55-207. Default Judgments; 207.1 Proper Service

A party filing a mortgage foreclosure cause of action must serve the resident with the Appendix A Notice Concerning Mortgage Foreclosure.

A party filing a mortgage foreclosure (MF) cause of action shall cause to be served on the resident a copy of the Notice Concerning Mortgage Foreclosure, which is attached hereto and made a part hereof as Appendix A.

Page 37 | 206.4.1 Notice to Parties in Mortgage Foreclosure (MF) Causes of Action

When an opposing party moves for summary judgment against a self-represented party, moving counsel must serve that party with the Appendix B notice.

Notwithstanding any other rule of court, if a party is proceeding pro se and an opposing party files a motion for summary judgment, counsel for the moving party must serve a notice upon the unrepresented party as set forth in Appendix B, which is attached hereto and made a part hereof.

Page 37 | 206.4.2 Notice to Unrepresented Parties Regarding Trial Rule 56 Motions

The responding party must serve the original and one duplicate of the completed answers on propounding counsel.

The responding party shall fill in the requested answers, supply the jurat, and serve the original and one duplicate on propounding counsel.

Page 39

Counsel must exchange instructions as directed by the Court.

Instructions shall be exchanged by counsel as directed by the Court.

Page 45 | Rule LR71-TR51-212. Trial Procedures; 212.2. Instructions Requested at Commencement of Trial

When an appeal transcript is sought, the filer must personally deliver the Notice of Appeal to the Official Court Reporter contemporaneously, advise the reporter of the record-preparation deadline, and arrange transcript payment.

When an appeal is initiated by the filing of a Notice of Appeal pursuant to Appellate Rule 2, Indiana Rules of Appellate Procedure and a transcript of all or any part of the evidence is sought for the record on appeal, the party or counsel filing the Notice shall contemporaneously personally deliver a copy of the Notice to the Official Court Reporter, shall advise the Official Court Reporter of the deadline for preparation of the record, and shall arrange to pay the Official Court Reporter for the preparation of the transcript.

Page 48 | Rule LR71-AP9-218. Appellate Records.

Any response or request for a hearing must be served or mailed to the opposing party’s attorney.

Any response or request for a hearing must be served (or mailed) on the attorney for the opposing party.

Page 53

A motion to quash or limit a grand jury subpoena must be served on the Prosecuting Attorney by the stated deadline.

Motions to quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than seven (7) days prior to the appearance or production date unless good cause exists for a later filing.

Page 57 | 303.1.3

The client must be sent notice of counsel’s intention to withdraw at least ten days before the motion is filed.

The notice of the intention to withdraw shall be sent to the client no later than ten (10) days before the filing of the motion to withdraw.

Page 59 | 304.2. Withdrawal of Counsel.

Within the time allowed for discovery compliance, each side must notify the other of its intent to introduce evidence when notice is required as a prerequisite to admission.

Each side, within the time allowed for compliance with discovery under this Rule, shall provide the other with notice of its intent to introduce evidence pursuant to Indiana Rule of Evidence 404(b), 609(b), or any other Rule which requires notices as a prerequisite to the admission of evidence.

Page 60 | 305.3. Notice Required.

The Court must distribute copies of the DRCB report to counsel or to an unrepresented party.

The DRCB shall file its original report with the Court, which shall distribute copies to counsel or to a party not represented by counsel.

Page 79 | 403.1.5. DRCB Reports

Unless the Court orders otherwise, parties in dissolution or paternity actions must provide the other party with the specified reciprocal-discovery materials within 30 days after the petition is filed.

Upon the filing of a petition for dissolution of marriage or paternity action, the parties shall have a duty of reciprocal discovery and, unless otherwise ordered by the Court, shall provide the other party with copies of the following documents and things within thirty days:

Page 83 | Rule LR71-FL00-407. Discovery

Disclosure duties continue, and parties must supplement at least 10 days before trial with available documents showing changes in asset and debt status as of the month of trial or the preceding month.

Duties of disclosure set forth by the Court’s reciprocal discovery order shall be continuous. Supplementation shall be required not fewer than ten 10 days before trial showing any changes in the status of assets and debts as of the month of or one month prior to trial, the most recent of which documents and things are available.

Page 84 | Rule LR71-FL00-407. Discovery

Parties must make initial disclosures based on reasonably available information and may not withhold them because their investigation is incomplete, they dispute the other party’s disclosure, or the other party has not disclosed.

Each party shall make their initial disclosures based on information reasonably available to them and no party is excused from making disclosures because they have not fully completed their investigation of the case or because they challenge the sufficiency of the other party’s disclosure or because the other party has not made the required disclosure.

Page 84 | Rule LR71-FL00-407. Discovery

A party seeking child support must serve the opposing party with the Notice of Hearing and Order to Disclose Information, Child Support Worksheet, and Petition in accordance with the Indiana Rules of Civil Procedure.

A party seeking an order for child support shall cause a Notice of Hearing and Order to Disclose Information, with a Child Support Worksheet, and a copy of the Petition to be served upon the opposing party in a manner complying with the Indiana Rules of Civil Procedure.

Page 89

The moving party must pay accrued costs and the transfer fee within 10 days after the transfer order; without payment, the motion is deemed abandoned and the change of venue will not be perfected.

When a change of venue from the County is granted, all accrued costs and the fee for transfer must be paid to the Clerk by the moving party within 10 days after the transfer order is entered. In the absence of such payment, the movant will be deemed to have abandoned the motion so the Clerk will not perfect the change, the cause will be restored to the docket of this Court, and this Court shall resume general jurisdiction of the cause in accordance with T.R. 76.

Page 48 | Rule LR71-TR76-215. Change of Venue.

The Clerk must collect a $20 alternative dispute resolution fee from every party filing a legal separation, paternity, or dissolution petition under I.C. 31, subject to later modification of the amount.

The Clerk of the Court shall collect from every party filing a petition for legal separation, paternity, or dissolution of marriage action under I.C. 31 an alternative dispute resolution fee of $20; as such amount may be modified from time to time.

Page 90 | Rule LR71-FL00-415

The moving party must pay accrued costs and the transfer fee to the clerk within ten days after entry of the transfer order.

When a change of venue from the County is granted, all accrued costs and the transfer fee must be paid to the clerk by the moving party within ten (10) days after the transfer order is entered.

Page 101 | Rule LR71-AR00-506. Payment of Transfer Fee

If the required payment is not made, the motion is deemed abandoned and the change of venue will not be perfected.

In the absence of such payment, the movant will be deemed to have abandoned the motion so the Clerk will not perfect the change, the cause will be restored to the docket of this Court, and this Court shall resume general jurisdiction of the cause in accordance with T.R. 76.

Page 101 | Rule LR71-AR00-506. Failure to Pay Fee

Any fees requested by the QUEST Information Form must accompany the form before a cause number is assigned.

The QUEST Information Form provided by the Clerk of the Probate Court is to be completed and filed with the Clerk, accompanied with requested documents and fees per the form before a cause number for the new action will be assigned.

Page 103 | Rule LR71-PR00-602. Filing of Pleadings; 602.5.1 QUEST Information Form

Before hearing a motion on final account, the Court requires payment of all court costs and satisfaction and release of all claims.

All court costs shall be paid and all claims satisfied and released before the Court will hear a Motion on Final Account.

Page 106 | Rule LR71-PR00-606.3. Payment of Court Costs

Obtaining a cause number requires an appearance form and payment of the filing fee, unless the party presents a court order waiving the 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 114 | 702.4.1. New Cases

The user agreement requires a nominal fee, but access is free for parties or litigants claiming indigence.

The user agreement requires parties to pay a nominal fee. However, access shall be free of charge for parties or litigants claiming indigence.

Page 115 | 702.5.3. Fees and Waiver

A positive drug screen incurs a $20 fee.

$20.00 for positive drug screens

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

A no-specimen event incurs a $3 fee.

$3.00 for no specimen fees

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

Confirmation testing at an off-site laboratory costs $45.

$45.00 for confirmation testing at an off-site laboratory.

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

The total fees paid under this section by any participant cannot exceed $500.

the aggregate of fees paid under this section by any participant shall not exceed five hundred dollars ($500.00).

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

A negative drug screen incurs a $15 fee.

$15.00 for negative drug screens

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

Problem-solving Court participants must pay a $50 monthly services fee beginning in their second month and continuing while they participate.

In addition, each participant in a problem-solving court shall be assessed a services fee of fifty dollars ($50.00) per month beginning with the second month of participation and for each month thereafter for the duration of participation in the problem-solving court.

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

A person participating in a problem-solving Court must pay a $100 administration fee.

A person participating in a problem-solving Court shall pay a problem- solving court administration fee of one hundred dollars ($100.00).

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

A party referred to CSAP must pay a $400 user fee to the Clerk of the Court.

A party referred to CSAP shall pay a user fee of $400.00, which is payable to the Clerk of the Court.

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

The breathalyzer fee is $2.

$2.00 for breathalyzer fee

Page 122 | Rule LR71-AR00-902. Fee Schedule for CSAP and Drug Court

A non-indigent defendant must pay a $25.00 late fee to the Clerk if costs, fines, or civil penalties are not paid in full by the later of the specified court-day or payment-schedule deadline.

A defendant who is required to pay court costs (including fees), a fine, or civil penalty and who has not been determined by the Court imposing the costs, fine, or civil penalty to be indigent shall pay, in addition to the costs, fine or civil penalty, a late payment fee in the sum of $25.00 to the Clerk of the Court if the defendant fails to pay the costs, fine or civil penalty in full before the later of the following: (a) the end of the business day on which the Court enters the conviction or judgment; or (b) the end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties adopted for the operation of the Courts of St. Joseph County.

Page 124 | 903.2 Assessment of Late Payment Fee

The Clerk must assess and collect the $25.00 late payment fee when the criteria are met unless a court order suspends it.

When a defendant meets the criteria described in LR71-AR00-903.2, the Clerk shall assess and collect a late payment fee in the sum of $25.00, unless the late payment fee is suspended by Court order as provided by LR71-AR00-903.4.

Page 124 | 903.3 Clerk to Assess and Collect Late Payment Fee

If a case is accepted with an incorrect designation, the court may order redocketing and require the filing party to pay a redocketing fee.

Should a case be accepted with an incorrect designation, the court may order the matter to be redocketed with the correct case type designation and may require that the filing party pay a redocketing fee.

Page 34 | 202.2.3. Failure to Designate.

A $150.00 transfer fee must be paid to the Clerk for cases transferred from another jurisdiction.

A transfer fee of $150.00 shall be paid to the Clerk of the Court for cases transferred from another jurisdiction.

Page 123 | 902.4. Transfer Fees

A $75.00 transfer fee must be paid to the Clerk for transfers to another jurisdiction or directly to a treatment provider without an alcohol and drug assessment.

A transfer fee of $75.00 shall be paid to the Clerk of the Court to transfer a case to another state or in-state jurisdiction, or to transfer directly to an in-state or out-of-state treatment provider without alcohol and drug assessment.

Page 123 | 902.4. Transfer Fees

A party referred for an alcohol and drug assessment without other services must pay a $150.00 fee.

A party referred for an alcohol and drug assessment without other services shall pay a fee of $150.00.

Page 123 | 902.6. Alcohol and Drug Assessments

$15.00 for drug screens

$15.00 for drug screens

Page 123 | CSAP Urine Drug Screening Fees

A party referred only for case monitoring must pay a $75.00 fee, which includes the specified treatment and urine-screen monitoring.

A party referred for case monitoring only shall pay a fee of $75.00, which includes monitoring compliance with treatment at a court-ordered treatment provider and for monitoring of urine drug screens.

Page 123 | 902.5. Case Monitoring Fees

The Court may suspend the late payment fee upon a finding of good cause and an order directing the Clerk to suspend assessment and collection.

Notwithstanding LR71-AR00-903.2, the Court that imposed the costs, fine or civil penalty may suspend the late payment fee required by this Rule if the Court finds that the Defendant has demonstrated good cause for failure to make a timely payment of the previously assessed costs, fine or civil penalty and issues an order to that effect directing the Clerk of the Court to suspend the assessment and collection of the Late Payment Fee.

Page 124 | 903.4 Court May Suspend Late Payment Fee

The Clerk may take appropriate collection steps, including retaining legal counsel, to collect late payment fees.

The Clerk may take all appropriate steps to collect late payment fees, including without limitation the retention of legal counsel to effectuate collection proceedings.

Page 124 | 903.3 Clerk to Assess and Collect Late Payment Fee

The specified sentencing materials may be made available only to the listed persons and entities, unless statute requires or permits disclosure or the court and convicted person specifically authorize it.

(b) The materials specified in subsection (a) may not be made available to any person or public or private agency other than: (1) the convicted person and counsel who has entered his or her appearance for the convicted person in the proceeding at issue; (2) the prosecuting attorney; (3) the probation department; (4) the community corrections program in which an offender is placed under IC 35-38-2.6; and (5) the Indiana criminal justice institute established under IC 5-2-6; except where specifically required or permitted by statute or upon specific authorization by the court and the convicted person.

Page 63 | 308.5. Access to Pre-Sentence/Pre-Dispositional Reports.

Presentence reports or memoranda and physical or mental examination reports submitted for sentencing must be kept confidential.

(a) Any: (1) presentence report or memoranda; and (2) report of a physical or mental examination; submitted to the court in connection with sentencing shall be kept confidential.

Page 63 | 308.5. Access to Pre-Sentence/Pre-Dispositional Reports.

DRCB records and reports are confidential, and access is allowed only by order of the court with jurisdiction.

The records and reports of the DRCB contain information of a private and personal nature, and the release of that information, without court approval and supervision, could result in intentional mischief or unintentional injury to the parties, their children, or relatives. As such, the records and reports of the DRCB are confidential, and that any and all access to the notes, records, or reports of the DRCB shall be allowed only by order of the Court that has jurisdiction over the relevant parties and cause of action.

Page 79 | 403.1.6. Confidentiality of DRCB Records

Confidential records must retain their confidential status and must not be included in the public record.

Confidential records shall retain their confidential status and shall not be included in the public record of the proceedings.

Page 95 | 425.3. Access to Records.

DRCB records and reports are confidential, and access is allowed only by order of the court with jurisdiction over the relevant parties and cause of action.

The records and reports of the DRCB shall be considered confidential, and all access to the records and reports of the DRCB shall be allowed only by order of the Court that has jurisdiction over the relevant parties and cause of action.

Page 95 | 425.3. Access to Records.

For a motion, petition, or other pleading excluded from public access under Access to Court Records Rule 5, parties and counsel must comply with T.R. 5(G)’s filing requirements.

Where a motion, petition, or other pleading is excluded from public access under Access to Court Records Rule 5, the parties and their counsel are enjoined to comply with the filing requirements of T.R. 5(G).

Page 100 | Rule LR71-SC2-504. Filing, Forms

The client’s contact information may be designated confidential and excluded from public access.

As required by the Rules on Access to Court Records, this contact information may be designated as confidential and excluded from public access.

Page 35 | 204.4. Contact Information

The Clerk must maintain the specified grand-jury filings under seal if the Court so orders.

and shall be maintained by the Clerk under seal if so ordered by the Court.

Page 56 | Rule LR71-CR2.2-303. Assignment of Criminal Cases

Parties to a Family Court proceeding may access Related Cases, except confidential cases or records to which they are not a party.

Parties to a Family Court proceeding shall have access to all Related Cases, except for confidential cases or records to which they are not a party.

Page 95 | 425.3. Access to Records.

The DRCB must be given access to all records to maintain its records and produce investigation reports.

The DRCB shall be given access to all records for the purpose of maintaining their records and producing reports regarding its investigations.

Page 95 | 425.3. Access to Records.

The Court may seal an inventory at its sole discretion, and a sealed inventory must be held and protected according to Court policy and procedures.

In the event that the personal representative wishes to file an inventory under seal, the Court may, in its sole discretion, seal such inventory. If the inventory is sealed, it shall be held and protected according to Court policy and procedures.

Page 106 | Rule LR71-PR00-604.3. Sealed Inventory

In addition to, and to the extent that it is not contrary to disclosure either permitted or prohibited by Indiana Supreme Court Administrative Rule 9: (1) Personal information relating to a juror or prospective juror not disclosed in open court is confidential, other than for the use of the parties and counsel. (2) Upon request, paper or electronic copies of the Juror Qualification and Questionnaire Form may be made available to counsel on the date of trial. (a) All copies of the Juror Qualification and Questionnaire Form so provided shall be returned to the Court at the completion of the jury selection process or, by leave of Court, at the completion of the trial.

In addition to, and to the extent that it is not contrary to disclosure either permitted or prohibited by Indiana Supreme Court Administrative Rule 9: (1) Personal information relating to a juror or prospective juror not disclosed in open court is confidential, other than for the use of the parties and counsel. (2) Upon request, paper or electronic copies of the Juror Qualification and Questionnaire Form may be made available to counsel on the date of trial. (a) All copies of the Juror Qualification and Questionnaire Form so provided shall be returned to the Court at the completion of the jury selection process or, by leave of Court, at the completion of the trial.

Page 120 | Rule LR71-AR00-814. Juror Privacy.

Motions must be filed separately, but alternative motions may be filed together if each is identified in the caption.

Each motion shall be separate, while alternative motions filed together shall each be identified on the caption.

Page 36 | 206.1. Supporting Memorandum of Law

Motions for summary judgment and motions to dismiss under Indiana Trial Rule 12 or 41 must be scheduled for hearing unless the Court's written scheduling order provides otherwise.

Motions for summary judgment or motions to dismiss pursuant to Indiana Trial Rule 12 or 41 shall be scheduled for hearing unless the Court issues a written scheduling order providing otherwise.

Page 33 | 201.7.6. Motions for Summary Judgment or Dismissal.

The moving party must set Trial Rule 12 and 56 motions for hearing when filing, and the hearing must be at least 14 days after the briefing period ends unless the Court orders or authorizes otherwise.

Notwithstanding any other rule of court, all T.R. 12 and 56 motions shall be set for hearing by the moving party at the time of filing unless otherwise ordered by the Court. Unless otherwise authorized by the Court, the hearing shall be scheduled for a day not fewer than 14 days after the time allowed for the filing of briefs as specified in Rule 206.1 supra.

Page 36 | 206.2. Hearing; Hearing Date; Opposing Memorandum

Before moving to compel discovery, seek sanctions, or seek protection against discovery, counsel must attempt in good faith to resolve the dispute, including through personal consultation in person or by telephone.

To promote the orderly and expeditious handling of cases to trial readiness, counsel shall attempt in good faith to resolve all disagreements between or among themselves concerning the necessity for and scope of discovery, the necessity to seek sanctions, and/or protection against discovery under T.R. 26 through T.R. 37. After personal consultation in person or by telephone and good faith attempts to resolve differences as to the foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek protection against discovery as aforesaid.

Page 39 | 208.5. Discovery Disputes.

Unless good cause is shown or the court sets a different time frame, an opposing response to the specified dispositive motions is due within 15 days.

Unless good cause is shown, the responding party opposing such dispositive motions shall file a response within 15 days, unless the court specifically sets different time frames, which contains a factual explanation as to why denying the motion is appropriate accompanied by a sufficient memorandum of law.

Page 62 | Rule LR71-CR00-306. Dispositive Motions, Motions to Suppress, Other Motions.

Parents must make every effort to discuss options, including mediation, to resolve the dispute before going to court.

parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court.

Page 81

Before scheduling a hearing on a parenting-time or parenting-concern motion or pleading, the parties must first attempt resolution; when both parents have counsel, attorneys are expected to consult personally or by telephone before seeking relief, subject to stated exceptions, and address the listed topics.

Hearings on motions and pleadings filed with the Court in matters involving parenting time and parenting concerns may only be scheduled after first attempting to resolve the issue(s) by reaching agreements that best serve the interest of all family members with particular regard to the best interest of the children. Except in instances where it would be dangerous (i.e. past or present domestic violence; abuse or neglect of children) or otherwise unreasonable to do so if both parents are represented by counsel, attorneys are expected to use personal or telephonic consultation to resolve any issue before seeking relief from the Court. In that consultation, it is expected that counsel will cooperate to: (1) Attempt to resolve the matter(s) at issue; (2) Discuss the alternative resources (including but not limited to counseling, mediation, support from the DRCB, etc.) that could be used to resolve the conflict and foster cooperation further serving the best interests of the children; (3) Confirm that the parents have completed their mandatory website work and attended the co-parenting classes, and review with them their Agreed Commitments from the website discussed below in Rule LR71-FL00-413; (4) Attempt to resolve ongoing conflict by assisting their clients in the development of, with their clients, a Parenting Plan (forms are available from the DRCB) to serve all family members with particular regard for the best interest of the children.

Page 86 | 409.2. Parenting Issues

Except in cases involving orders of protection for a person, parties and counsel must meet and discuss resolving disputes before any hearing or trial; noncompliance may delay or cancel it.

It is required that, except for cases involving orders of protection for a person, all parties and counsel shall meet and discuss resolution of their dispute and conflicts before any hearing or trial. Failure to comply with this requirement may result in possible delay or cancellation of the hearing or trial.

Page 99 | Rule LR71-AR00-502. Appearance in Court

The moving party may file a reply brief only with Court approval.

Subject to Court approval, the moving party may file a reply brief.

Page 36 | 206.1. Supporting Memorandum of Law

Before initial filings in an anticipated family case, counsel should make reasonable efforts to identify whether other parties may have counsel and, unless dangerous or otherwise unreasonable, consult and cooperate and attempt good-faith resolutions to provisional matters.

(b) Cooperation between Counsel before Initial Filings. Counsel representing persons anticipating a family case should make reasonable efforts to determine if the other possible parties have or may be seeking representation. Unless doing so would be dangerous or otherwise unreasonable, counsel should: (i) Consult and cooperate with each other; (ii) attempt in good faith to find cooperative resolutions to provisional matters so that unnecessary provisional filings and hearings can be avoided and early family cooperation can be encouraged; (iii) refer parents to resources such as co-parenting education, counseling, and mediation that can help them, their children, and the relationships within the family.

Page 75 | Cooperation between Counsel before Initial Filings

Before a family case is filed, counsel should consult and cooperate directly with self-represented persons and try to avoid resolvable provisional filings and hearings when safe, but victims of family violence need not engage in coercive pre-suit negotiations.

(c) Cooperation with Self-Represented Parties before Initial Filings. Unless doing so would be dangerous or otherwise unreasonable, counsel should employ these same efforts at consultation and cooperation with self-represented persons before the filing of any family case. When safe to do so, counsel should (i) communicate directly with such persons (including a self-represented spouse, parent, putative parent, or guardian), and (ii) take all reasonable measures to avoid provisional filings and hearings on matters that could be resolved by cooperative measures such as discussion, counseling, and mediation. Counsel should be sensitive to the special needs of victims of family violence, and nothing in these rules should be construed to require a victim of family violence to engage in pre-suit negotiations with an alleged perpetrator or to feel pressure to settle because of perceived or implied physical or mental coercion.

Page 75 | Cooperation with Self-Represented Parties before Initial Filings

Where reasonably possible, counsel should exhaust all viable cooperative measures before requesting relief from the court.

(f) use the least divisive processes in pursuing safety, fairness, cooperation, and the best interests of children (where reasonably possible, for example, consulting with other counsel as early and often as necessary to find cooperative resolutions, using service by mail or acknowledgment of service instead of service of process by Sheriff, encouraging restraint and safe cooperation between family members, and exhausting all viable cooperative measures before requesting relief from court).

Page 76 | 401.5. Duties of Attorneys and Parties in Family Cases involving Children

The assigned Judge has discretion to allow oral argument, and a party may request it by separate written motion filed contemporaneously or before the Court rules on the motion or pleading.

Unless otherwise required by these rules or Indiana Trial Rules, it is within the discretion of the assigned Judge whether to allow oral argument; however, any party may file a request for oral argument by filing a written request by separate motion contemporaneously or at any time before the Court has ruled upon the motion or pleadings to be argued.

Page 33 | 201.7.4. Oral Arguments on Motions and Other Pleadings.

Adverse parties may stipulate to have a Trial Rule 12 or 56 motion decided without a hearing.

Adverse parties may stipulate that a T.R. 12 or 56 motion may be ruled upon by the Court without a hearing thereon, in which event the motion

Page 36 | 206.3. Waiver of Hearing; Stipulation of the Parties

A motion to enlarge time must state the response's due date and the date through which an extension is requested.

Any motion for enlargement of time shall state the date when such response is due and the date to which time is requested to be enlarged.

Page 33 | 201.7.5. Motion for Enlargement of Time.

Motions for continuances must specifically state the grounds asserted.

All motions for continuances shall be in writing and shall set forth specifically the grounds asserted for such motion.

Page 43 | 210.3. Continuances of Trial Settings

A continuance request must be submitted to the Court by pleading or motion and state whether the other parties were contacted and whether they agree or oppose.

Parties requesting a continuance shall submit a Pleading or Motion to the Court and shall indicate whether they have contacted all other parties and shall indicate in the pleading or Motion the agreement or opposition to the request for a continuance.

Page 111 | 611.2. Continuances

An initial written motion to enlarge the time to answer a claim is routinely granted for 30 additional days, or for another reasonable period set by written court order.

An initial written motion for enlargement of time pursuant to Indiana Trial Rule 6(B)(1) to answer a claim shall be routinely granted for an additional 30 days from the original due date or other period the assigned Judge deems reasonable by written order of the Court.

Page 33 | 201.7.5. Motion for Enlargement of Time.

Subsequent motions for enlargement of time must be designated as such and are granted only for good cause or in the interest of justice.

All subsequent motions for enlargement of time shall be so designated and will only be granted for good cause shown or in the interest of justice.

Page 33 | 201.7.5. Motion for Enlargement of Time.

At the initial appearance in the Traffic and Misdemeanor Division, counsel is entitled upon request to a three-to-four-week continuance to investigate the case or discuss potential plea agreements.

(6) Special procedures for Traffic and Misdemeanor Division, (a) upon one’s initial appearance, counsel will be entitled, upon request, to a continuance of three (3) to four (4) weeks to investigate the case and/or discuss potential plea agreements with the prosecutor’s office;

Page 58 | 303.3(6)

Parties may use remedies available under the Indiana Rules of Trial Procedure to enforce or modify the reciprocal discovery order or extend its compliance deadline.

The parties may utilize all remedies available in the Indiana Rules of Trial Procedure to enforce, modify, or extend the time within which to comply with the Court’s reciprocal discovery order.

Page 84 | Rule LR71-FL00-407. Discovery

If a matter must be rescheduled because of an unanticipated emergency, counsel or the party must notify the Court immediately.

be rescheduled due to an unanticipated emergency, counsel or the party shall notify the Court immediately.

Page 13

Except for motions identified as unlikely to require a hearing, the moving party must schedule a hearing when filing the motion, obtain the date and time from the Clerk or calendar-maintaining Court personnel, and coordinate with opposing counsel or unrepresented parties.

Except for motions not likely to require a hearing (as described below), all motions shall be scheduled for hearing at the time they are filed. It shall be the responsibility of the moving party or counsel for the moving party to secure the date and time of the hearing from the Clerk or Court personnel who maintain the calendar for each Judge or Magistrate Judge. It shall also be the responsibility of the moving party or counsel for the moving party to coordinate the hearing date with all opposing counsel or unrepresented parties.

Page 32 | 201.7.1. Scheduling Motions for Hearings

When filing a motion for enlargement of time, change of judge, change of venue from the county, the specified dismissal motions, or reconsideration, the moving party must bring it to the assigned judge’s attention.

At the time of the filing, a moving party shall bring the following motions to the attention of the assigned judge: (1) Motion for Enlargement of Time; (2) Motion for Change of Judge; (3) Motion for Change of Venue from the County; (4) Motion to Dismiss Complaint by Plaintiff when no Answer has been filed; (5) Motion to Dismiss Counterclaim by Defendant when no Reply has been filed; (6) Motions to Reconsider

Page 32 | 201.7.2. Motions Not Likely to Require Hearing

Upon filing a directed proposed order, the party must notify the applicable judge's chambers that the order has been prepared and filed.

upon filing, shall advise the chambers of the applicable judge that the proposed order has been prepared and filed.

Page 47 | 213.4. Orders Following Other Hearings.

Should an occasion arise when counsel or a party proceeding pro se can reasonably anticipate that they will be tardy for a scheduled hearing or trial, or a scheduled hearing or trial must be rescheduled due to an unanticipated emergency, counsel or the party shall notify the Court immediately.

Should an occasion arise when counsel or a party proceeding pro se can reasonably anticipate that they will be tardy for a scheduled hearing or trial, or a scheduled hearing or trial must be rescheduled due to an unanticipated emergency, counsel or the party shall notify the Court immediately.

Page 99 | Rule LR71-AR00-502. Appearance in Court

For matters requiring a hearing, parties must contact the Court to schedule it before submitting an order.

Parties will contact the Court to schedule a hearing for all matters filed with Court, requiring the same prior to the submission of any Order

Page 111 | 611.1. Filings and Orders

The Clerk or deputies may assist but should not be expected to decide the correct case type; questions or doubts should be referred to a judge or magistrate judge in the receiving court.

The Clerk or their deputies may assist the filing party in this regard but should not be required to make a legal judgment as to the correct case type designation. Any questions or doubts should be referred to a judge or a magistrate judge in the court receiving the filing.

Page 34 | 202.2.4. Advice and Assistance.

Counsel or a self-represented party must bring the stipulation to the Judge’s personal attention.

and stipulation shall be brought to the personal attention of the Judge by counsel or by a party proceeding pro se.

Page 37

Counsel may advise the Court in writing if another party’s counsel refuses or delays the required consultation.

If counsel for any party advises the Court in writing that counsel for any other party has refused or delayed consultation hereby contemplated, the Court shall take such action as is appropriate to preclude, obviate, or avoid further delay.

Page 39 | 208.5. Discovery Disputes.

For a qualifying deposition objection, a party may recess the deposition and seek an immediate telephone ruling, subject to the judge’s availability and discretion; the parties must first confer or attempt to confer and inform the judge of those efforts if court action remains necessary.

Where an objection is raised which threatens to prevent the completion of the deposition and which counsel has a good faith belief is susceptible to resolution by the court without the submission of written materials, any party may recess the deposition to submit the objection by telephone to a judge for a ruling instanter, subject to the availability of and within the discretion of the judge. Before contacting a judge for such a ruling, all parties shall in good faith confer or attempt to confer in an effort to resolve the matter without court intervention and, if court action is still necessary, the parties shall inform the judge of the efforts taken to attempt to resolve the matter.

Page 40 | 208.5. Discovery Disputes.

Counsel or a self-represented party should contact the assigned judge’s chambers to obtain a trial date, schedule a pretrial conference, or request the trial calendar.

Trial settings will be scheduled by the trial judge. Counsel or a party proceeding pro se should contact the chambers of the assigned judge to obtain a trial date, to schedule a pre-trial conference, and/or to request a copy of the trial calendar.

Page 12 | 104.4. Trials

For matters requiring a hearing expected to last over 20 minutes, counsel or a self-represented party should contact the assigned judge’s chambers to arrange a hearing date and time.

Other matters that will require a hearing reasonably estimated to last in excess of twenty (20) minutes will be scheduled as the Court’s calendar allows. Counsel or a party proceeding pro se should contact the chambers of the assigned judge to arrange for an appropriate hearing date and time.

Page 12 | 104.3.2. Scheduling Contested or Complicated Matters

Attorneys may request a copy of the Superior Court division schedule, which is also posted in the Courthouse.

The schedule will be posted within the Courthouse and provided to attorneys upon request.

Page 14 | 105.2.1. Division Assignments

A party or attorney with a good-faith belief that the issues are closed may notify the Court and opposing counsel in writing.

Where a party or an attorney of a party has a good faith belief that the issues in a case have been closed by the filing of a pleading or otherwise, the party or the attorney may so inform the Court and any opposing counsel in writing

Page 14 | 106.1.2. Closing of Issues in Pending Cases

When the specified Trial Rule deadlines approach without a decision or scheduled hearing, counsel and unrepresented parties are encouraged to remind the assigned judge's chambers.

However, if ruling is reserved in a matter and a decision has not been rendered or a matter has not been scheduled for hearing as the times fixed by Indiana Trial Rule 53.1, 53.2, 53.3, and 53.4 approach, counsel or an unrepresented party are encouraged and invited to contact the chambers of the assigned Judge and remind them of the approaching deadline.

Page 47 | Rule LR71-TR53.1-214. Matters Under Advisement.