St. Joseph County Superior Court, Indiana Chambers Communication Rules

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

WARNING

Contact

Phone to duty judge

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

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.

INFO

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

INFO

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.

INFO

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.