St. Joseph County Superior Court, Indiana Filing Timing and Cure Windows

CRITICAL

Matters requiring a hearing must be left incomplete when submitted electronically in QUEST, and final-form orders submitted before the scheduled hearing day will be rejected.

parties will leave all matters requiring a hearing incomplete, if submitted electronically in QUEST, all Orders submitted in final form prior to the day of the scheduled hearing, will be rejected.

CRITICAL

An electronically filed document is deemed filed at the next regular time the Clerk’s office is open for filing, and the system timestamp is presumed to show when the Clerk received it.

Documents filed through the E-filing system are deemed filed the next regular time when the Clerk’s office is open for filing. The time stamp issued by the E-filing system shall be presumed to be the time the Document is received by the Clerk.

CRITICAL

Issuance of a cause number is not a filing and does not toll any statute of limitations or other time limit.

Issuance of a cause number does not constitute a “filing” and will not toll any statute of limitations or other time limitation.

WARNING

The related-cases list is due within a reasonable time after assignment to Family Court jurisdiction.

The parties, within a reasonable time after a case is assigned to Family Court jurisdiction, shall provide to the DRCB a list of all Related Cases.

WARNING

Clerk offices designated to receive filings must be open on court-session days from 8:00 a.m. to 4:30 p.m.

The offices of the Clerk designated to receive filings for causes pending in their respective Courts shall be open on all days that any court is in session between the hours of 8:00 a.m. and 4:30 p.m. for all purposes contemplated by these rules.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

3 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)

CRITICAL

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.

CRITICAL

The parties must file a written agreement within seven days stating their selection or reporting no agreement, or stating that they will proceed directly under the applicable subsection; otherwise, selection proceeds under §1002.4.

As required by T.R. 79(D), the parties shall have seven days within which to file a written agreement: (a) selecting an eligible special judge or reporting that an agreement was not reached; or, (b) proceeding directly under §1002.3 in a case where a change of judge has been granted or under §1002.4 in a case where the judge has recused or disqualified If no agreement is filed within seven days, the selection of a special judge shall proceed as provided by §1002.4 of this local rule.

CRITICAL

A receiver or similar officer must file an initial report within 28 days after the inventory and further reports every three months until discharged, unless the Court directs otherwise.

Within twenty-eight (28) days after the filing of inventory, and at regular intervals of three (3) months thereafter until discharged, unless the Court otherwise directs, the receiver or other similar officer shall file reports of the receipts and expenditures and of his or her acts and transactions in an official capacity.

CRITICAL

The inventory must be filed with the Court by the preparation deadline that applies to the guardianship.

The inventory prepared for the guardianship shall be filed with the Court on or before the last day identified above for preparation of the inventory.

CRITICAL

All appraisals required by 613.1 above shall be made within one year of the date of the Petition to Sell.

All appraisals required by 613.1 above shall be made within one year of the date of the Petition to Sell.

CRITICAL

The first accounting must be filed within 30 days after the first anniversary of the date the guardianship letters were issued.

an accounting shall be filed within thirty (30) days after the first anniversary of the date the guardianship letters were issued.

CRITICAL

The Guardian’s Report must be filed on the same schedule as accountings under Rule 609.9.

The Guardian’s Report is to be filed with the Court on the same schedule as required for accountings in compliance with Rule 609.9.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

Unless the Court orders otherwise, a receiver or similar officer must file the inventory and appraisal as soon as practicable and no later than 28 days after taking possession of the estate.

Unless the Court otherwise orders, a receiver or similar officer, as soon as practicable after the appointment and not later than twenty-eight (28) days after they have taken possession of the estate, shall file an inventory and an appraisal of all the property and assets in the receiver’s possession or in the possession of others who hold possession as his or her agent, and in a separate schedule, and inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

CRITICAL

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.

WARNING

Contested-matter hearings must be set no earlier than ten days after the DRCB report is filed, subject to the Court’s calendar.

Hearings on contested matters shall be set no earlier than ten days after the filing of the report of the DRCB, as the calendar of the Court will permit.

WARNING

Trial settings and motions for continuance do not count as entries that toll the time for lack-of-prosecution proceedings.

Records of the setting of cases for trial and motions for continuance will not be considered as entries tolling the time.

WARNING

Opposing counsel has ten days to file written objections to the indication that issues are closed, unless the Court orders otherwise.

Opposing counsel shall then have ten (10) days in which to file written objections to such indication that the issues are closed, unless otherwise ordered by the Court.