St. Joseph County Superior Court, Indiana Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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

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

WARNING

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.

WARNING

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.

WARNING

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).

INFO

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.

INFO

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