Starke County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- An initial written T.R. 6(B)(1) motion to enlarge the time to respond to a claim is automatically allowed for 30 additional days from the original due date with a written court order.
- Subsequent motions for enlargement must be designated as such and are granted only for good cause.
- On written request and for good cause, the Court may shorten or extend the time for a discovery response as appropriate.
- +12 more
Request must include
- A continuance-related requirement is due seven days before the assigned trial or hearing, unless affidavit-supported good cause arose during that seven-day period.
Document Format Requirements16 rules
Neither typewritten signatures nor facsimile signatures shall be accepted on original documents. Facsimile signatures are permitted on copies.
Formatting
- •Typewritten and facsimile signatures are not accepted on original documents
- •Facsimile signatures are permitted on copies
Copies of filings shall likewise be printed on white paper.
Binding or stapling shall be at the top left hand side and at no other place. Covers or backing shall not be used.
If typewritten, the lines shall be double spaced except for quotations, which shall be indented and single spaced and printed on one side only.
- Line spacing
- Double
Margins shall be one inch (1”) on all four sides of the printed document.
- Margins
- 1 inch
Papers presented for filing must be flat and unfolded, arranged chronologically, and affixed in flat file folders with standard prong fasteners.
Court's wording
The files of the Court shall be kept under the “flat-filing” system. All pleadings, documents and papers presented for filing shall be flat, unfolded, arranged in chronological order and affixed in flat file folders by standard prong fasteners.
The entry form shall be typewritten or legibly printed, and shall be signed by counsel.
The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.
Interrogatories must be tailored to the specific cause, consecutively numbered, and prepared pursuant to T.R. 33.
Formatting
- •Number interrogatories consecutively
Court's wording
1.1 Preparation. Interrogatories shall be tailored specifically to each cause in which they are filed, and shall be consecutively numbered to facilitate response. All interrogatories to parties propounded shall be prepared pursuant to T.R. 33.
Any application to the Court for an order shall be made by a written motion, unless made during the trial or hearing, when the Court permits it to be made orally.
The disc must be formatted for Microsoft Word, Times New Roman, and the font should be 12 point.
- Font
- Times New Roman
- Font size
- 12 points
All filings may be either printed or typewritten on 8 ½” x 11” white paper.
- Paper size
- Letter
Unmarked exhibits must be presented to the court reporter for marking before trial where possible, or during trial recesses, to avoid delaying trial.
Court's wording
Exhibits which are not marked at, or prior to the final pre- trial conference, shall be presented to the court reporter for marking prior to the beginning of trial, where possible, or during recesses in the trial, so that the trial is not delayed for the marking of exhibits.
Unless otherwise provided by law or rule, only the original copy of a motion need be filed.
If a party has more than ten (10) exhibits, then the exhibits shall be pre-marked by the Court Reporter before the first day the jury trial is to
Legible handwritten filings may be accepted in the discretion of the Court.
Document Filing Requirements90 rules
Every attorney entering an appearance on behalf of any party shall file with the Court a written appearance form
A withdrawal letter must explain the possible consequences of failing to obtain new counsel and provide pertinent information, such as scheduled hearing or trial dates.
Court's wording
The letter of withdrawal shall explain to the client that failure to secure new counsel may result in dismissal of the client’s case or a default judgment may be entered against the client, whichever is appropriate, and other pertinent information such as any scheduled hearing date or trial date.
Permission to withdraw shall be given only after the withdrawing attorney has given the attorney’s client ten (10) days written notice of the attorney’s intention to withdraw and has filed a copy of such with the Court.
All withdrawals of appearances shall be in writing and only by leave of Court.
The appearance form shall comply with the requirements of Indiana Trial Rule 3.1.
All filings shall contain the signature of the attorney in written and typed form, the attorney’s address, attorney number, telephone number, FAX number, and a designation of the party for whom the attorney appears.
- Document
- Filing
- Placement
- Signature block
The title of each filing must identify every topic included in it.
Court's wording
Titles on all filings shall delineate each topic included in the filing, e.g. where a filing contains an Answer, a Motion to Strike or Dismiss, and a Jury Request, each shall be set forth in the title.
Every filing shall contain a caption setting forth the name of the Court, the title of the action and the file or cause number.
- Document
- Filing
- Placement
- Caption
All proposed forms of order shall be submitted in sufficient number that distribution may be made to all parties.
All orders or settlements submitted to the Court shall be accompanied by a sufficient number of copies and the same number of postage paid addressed envelopes, so that a copy may be mailed to each party or counsel of record.
Every filing subsequent to the original complaint, shall be accompanied by an entry form, in duplicate, which shall contain the title and number of the case, the date, and the exact entry precisely delineating all documents filed which shall appear on the Chronological Case Summary.
All such orders shall be accompanied with sufficient copies and stamped, self-addressed envelopes so that copies may be mailed to each party or counsel.
Additionally, all Chronological Case Summaries shall indicate that service shall be by the Clerk, or any alternate method, and shall specifically indicate to whom and where the copies are to be sent.
A request for service by publication and a praecipe must be supported by an affidavit attesting to diligent search and the stated grounds for publication.
Court's wording
Whenever service is made by publication, the party seeking service shall submit to the Court a request for such service and a praecipe which shall be supported by an affidavit stating that a diligent search has been made and that the opposing party cannot be found, has concealed his/her whereabouts, or has left the state.
Entries, either routine in nature or uncontested, including for example, those setting or continuing a hearing, shall be set out on an entry form only, which shall contain the concise substance of the entry.
Any motion filed pursuant to this Rule shall state the date when such response is due and the date to which time is enlarged.
but in either event, any order issued thereon shall be reduced to writing and a copy sent to the parties.
Motions to insert new matter or strike pleading text must be written, quote each set of affected words verbatim, and list each set in a separately numbered specification, subject to T.R. 12(F).
Court's wording
Subject to T.R. 12(F) every motion to insert new matter or to strike out any part of any pleading in a cause shall be made in writing and shall set forth verbatim each set of words to be inserted or stricken. Each set of words to be inserted or stricken shall be designated in a separate specification, numbered consecutively.
A motion to reconsider a ruling of the Court on any motion must be in writing
When an oral argument is requested, the request shall be made by separate instrument and filed with the pleading to be argued.
The responding party must supply an oath or affirmation with the interrogatory answers.
Court's wording
The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.
1.2 Answers and Objections. Answers or objections to interrogatories under T.R. 31 or T.R. 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objections.
A transcript of the testimony elicited in the video tape shall accompany all video taped depositions filed with the Court.
The Court must enter a case management order setting discovery and motion deadlines, pre-trial scheduling, jury-instruction filing deadlines and format, ADR deadlines, and any other matters addressed by the parties or Court.
Court's wording
1.2 Case Management Order. At the conclusion of the case management conference, or if the Court chooses not to hold a case management conference, no sooner than 120 days after the filing of the complaint, the Court shall enter a case management order setting forth: (1) a time limit for completion of discovery; (2) a time limit for filing all pre-trial dispositive motions; (3) the scheduling of a pre-trial conference; (4) time limits for filing, and the format of proposed preliminary and final jury instructions and objections thereto; (5) time limit(s) for filing Motions in Limine; (6) time limit(s) for completion of Alternative Dispute Resolution (ADR) and filing any report required by the ADR rules; and (7) any other matters which the parties or the Court have seen fit to address.
Counsel for the first named defendant must prepare the pre-trial order, counsel for all parties must execute it, and it must include the listed matters in the specified sequence.
Court's wording
Counsel for the first named defendant shall prepare a pre-trial order, which shall be executed by counsel for all parties and filed on or before the date of the Pre-Trial Conference. The pre-trial order shall set forth in the following sequence: (1) the jurisdiction of the Court; (2) the pleadings raising the issues; (3) a list of motions or other matters requiring action by the Court; (4) a concise statement of stipulated facts, with reservations, if any; (5) a concise statement of issues of fact which remain to be litigated; (6) a concise statement of issues of law which remain for determination by the Court; (7) the plaintiff’s contentions; (8) the defendant’s contentions; (9) the plaintiff’s numbered list of trial exhibits; (10) the defendant’s numbered list of trial exhibits; (11) the plaintiff’s numbered list of trial witnesses, with addresses. Expert witnesses shall be so designated; (12) the defendant’s numbered list of trial witnesses, with addresses. Expert witnesses shall be so designated; and (13) the estimated length of trial.
Moving parties must provide written notice of other pending legal proceedings involving either party or minor children, including the specified case and proceeding details.
Court's wording
The moving parties shall provide the Court with a written notice of all other pending legal proceedings in which either party or minor children are involved. The written notice shall include the case number, name and address for the Court, names of parties involved, and the nature of the legal proceeding.
In a family law matter, the Court may issue a TRO without a hearing or security if the moving party and counsel sign a verified petition alleging injury without an immediate order.
Court's wording
Subject to the provisions of T.R. 65, in all family law matters, the Court may issue a Temporary Restraining Order without hearing or security, if either party files a verified petition signed by the moving party and counsel alleging an injury would result to the moving party if no immediate order were issued.
If both parties allege injury, they shall do so by separate petitions.
The party requesting emergency custody must show proof of the date and time of notification of the Starke County Department of Child Services, and the name of the person taking the report.
In the stated domestic relations cases, an issued restraining or protective order must address one person and may not be joint or mutual.
Court's wording
In all other domestic relations cases where a party seeks a Temporary Restraining Order and the Court determines that an Order shall be issued, such Order shall be addressed to one person. A joint or mutual restraining or protective order shall not be issued.
When a protective order that was placed in the protective order depository is terminated or expires, the party obtaining the order must file a Notice of Termination of the protective order with the Clerk of the Court.
Each moving party must provide a completed protection order Confidential Form and file another completed form if the TRO is modified or extended.
Court's wording
Each moving party shall provide the Court with a completed protection order Confidential Form. In the event the Temporary Restraining Order is modified or extended, the moving party shall again file a completed protection order Confidential Form.
If the stated conditions apply, the Court must be presented with a petition and proposed order to consolidate the protective-order file with the dissolution or separation action.
Court's wording
When the Court has issued a protective order prior to the filing of the Petition for Dissolution or Legal Separation and no restraining order is requested in the dissolution or separation proceeding, the Court shall be presented with a petition and proposed order to consolidate the protective order file with the dissolution or separation action.
When the Court issues a temporary restraining order under I.C. 31-15-4-3 and a protective order exists under I.C. 34-26-2, et seq., a Notice of Termination of the protective order must be completed and filed with the Clerk of the Court.
Whenever a guardian ad litem is appointed, the Appointment of Guardian Ad Litem Order shall be prepared and submitted for approval of the Court.
Submit a written report of his or her finding to the Court prior to the matter being heard by the Court.
Any deviation from the Guidelines by either party or the Court must be accompanied by a written explanation indicating why the deviation is necessary or appropriate in that case.
Any party seeking a deviation shall submit to the Court as part of his or her request a written statement stating the reasons for the deviation.
In all proceedings involving child support, each party shall file with any settlement, or enter into evidence during any trial, Indiana Child Support Guidelines worksheets-one or more depending on the facts.
If an agreement concerning support contains deviation ten percent (10%) or more from the Guidelines, the parties shall present to the Court a written explanation, with supporting documents, justifying the deviation.
pro se litigant shall complete an original and four (4) copies of the Order of Participation and Referral.
- Document
- Order of participation and referral
Must include
- •An original and four (4) copies
In all proceedings involving the creation, modification or enforcement of child support, the parties shall submit a written Income Withholding Order, which Order shall be submitted with any settlement decree, modification, or other Order.
Each party shall file with the Court a certificate of completion at the time the respective Financial Declaration Form is served on the opposing party.
- Document
- Financial declaration form
Must include
- •A certificate of completion
Anytime the Court enters an order creating or modifying a child support order, the parties shall supply a Clerk’s Information Sheet to the Clerk of this Court.
Except for good cause shown, no final hearing will be set until both parties have filed certificates of completion.
The Forms must be exchanged and supplemented when additional material becomes available, and other discovery may not begin until the exchange is complete.
Court's wording
1.6 Final Declaration-Mandatory Discovery. The exchange of Forms constitutes mandatory discovery. Thus, Indiana Rules of Trial Procedure, Rule 37 sanctions apply. Additionally, pursuant to Trial Rule 26(E)(2) and (3), the Form shall be supplemented if additional material becomes available. Further, any additional discovery such as a motion to produce interrogatories, or depositions of the parties shall not commence until the Forms are exchanged.
When a pre-trial conference is scheduled, the parties must be prepared to address the listed disclosures, submissions, joint statements, and mediation discussion.
Court's wording
1.2 Requirements. When a PTC is scheduled, the parties shall be prepared to: (1) discuss and disclose the time required for the hearing; (2) disclose and exchange the names and addresses of all witnesses; (3) submit a joint inventory of property and debts to the Court; (4) jointly define, in writing, all issues to be decided by the Court at a hearing; (5) jointly define all agreed matters; (6) submit a Financial Declaration form for each party and a child support worksheet [if applicable]; (7) discuss mediation of the contested issues.
Each party must attach to the Form reasonably required and reasonably available financial information, subject to the stated limits on what is reasonably available.
Court's wording
1.4 Supporting Documents. For the purposes of providing a full and complete verification of assets, liabilities and values, each party shall attach to the Form all information reasonably required and reasonably available. This shall include recent bills, wage and tax records, and bank, pension and year-end mortgage statements. “Reasonably available” means that material which may be obtained by letter accompanied with authorization, but does not mean material that must be subpoenaed or is in possession of the other party.
1.3 Signatures. The signature line for each counsel or pro se litigant shall indicate “Approval As To Form”. Such signature indicated that the order correctly reflects the Court’s ruling. It does not necessarily signify that the signing party or attorney agreed with that ruling.
- Document
- Order
- Placement
- Signature block
Attorneys directed to prepare decrees or orders must submit them to all other attorneys of record within 14 days and before submitting them to the Court.
Court's wording
1.1 Exchange. It shall be the duty of the parties’ attorneys to prepare decrees and other orders as directed by the Court. The attorney so directed shall first submit them to all other attorneys of record, within fourteen (14) days, to enable them to challenge any provision thereof, before submission to the Court for entry.
Orders submitted to the Court must include enough copies and an equal number of postage-paid addressed envelopes for each party or counsel of record; the Clerk retains the original and one copy.
Court's wording
1.4 Required Number of Copies. In all cases, it shall be the responsibility of the parties to make that all orders submitted to the Court shall be accompanied by a sufficient number of copies and the same number of postage paid addressed envelopes, so that a copy may be mailed to each party or counsel of record. The original and one copy of all orders shall be retained by the Clerk.
No final dissolution hearing will be scheduled by the Court until the parties (with minor children) have shown proof of completion of the “Children in the Middle II” program, except for good cause shown to the Court.
1.1 Sanctions. If a party or counsel fails to timely prepare, exchange or file a Financial Declaration Form or Child Support Worksheet(s), or fails to cooperated in providing information relevant thereto in a timely manner, either is subject to sanctions under Trial Rule 37.
If there is a dispute about approval or additions to a proposed order, either attorney may submit a proposed form with a written explanation, and the other attorney has seven days to respond before the Court enters an order.
Court's wording
1.2 Additions. If the preparing attorney believes the receiving attorney is unreasonably withholding approval as to the form of the order, or it either attorney believes the other is attempting to make additions not addressed by the Court, either may submit a proposed form of order to the Court, and shall attach thereto a written explanation of the dispute. Either attorney shall have seven (7) days to respond before the Court enters any order. The Court may enter sanction against a party who has unreasonably withheld approval or attempted to make additions not addressed by the Court.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in this county.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
FAX is not an approved filing method, and documents received by FAX are received for courtesy purposes only.
Electronic facsimile filings (FAX) have not been approved under Administrative Rule 12 and the receipt of any pleading or document by FAX shall be for courtesy purposes only.
Page 6 | FILING PROCEDURE
Non-attorneys are encouraged to e-file in this county.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
A withdrawal request must be filed at least 30 days before a scheduled hearing unless the Court determines that good cause is shown.
The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court not less than 30 days prior to any scheduled hearing, except for good cause shown as determined by the Court.
Page 3 | LR75-TR00-2 WITHDRAWAL OF APPEARANCE
A motion to reconsider must be filed within 15 days of the ruling it addresses.
A motion to reconsider must be filed within fifteen (15) days of the ruling said motion addresses.
Page 7 | 1.8 Motion to Reconsider Rulings
An order compelling a discovery response must allow the non-responding party at least 10 days after entry of the order to respond.
order the non-responding party to respond within a period of time not less than ten (10) days after entry of the Court’s order.
Page 7 | 1.9 Motions to Compel Discovery
A motion for enlargement under this rule must be filed by the original due date.
The motion must be filed on or before the original due date or this Rule shall be inapplicable.
Page 7 | 1.5 Enlargement of Time
A supporting brief or memorandum must accompany the motion or be filed simultaneously with it.
Any brief or memorandum in support of any motion shall accompany or be filed simultaneous with the motion,
Page 7 | 1.6 Briefs and Memoranda Regarding Motions
Motions or Stipulations for Continuance must be filed as soon after the cause for continuance or delay is discovered by the movant, and no later than
Motions or Stipulations for Continuance must be filed as soon after the cause for continuance or delay is discovered by the movant, and no later than
Page 8 | LR75-TR00-8 CONTINUANCES, 1.2 Time for Filing
Memoranda of law addressing unusual questions of law must be filed no later than seven days before trial.
1.3 Memoranda of Law. Memoranda of law, addressing any unusual questions of law, shall be filed and served no later than seven (7) days prior to trial.
Page 12 | LR75-TR00-14 PRE-TRIAL CONFERENCES
The pre-trial order must be filed on or before the pre-trial conference.
Counsel for the first named defendant shall prepare a pre-trial order, which shall be executed by counsel for all parties and filed on or before the date of the Pre-Trial Conference.
Page 12 | LR75-TR00-14 PRE-TRIAL CONFERENCES
A written request for temporary custody in the stated circumstances may not be filed until at least 72 hours after referral to Child Protection Services.
In the event there is a potential for physical harm to the children or neglect alleged by either parent, the Court will consider custody on a temporary basis filed in writing not earlier than 72 hours after the case has been referred to the Starke County Department of Child Services, Child Protection Services, pursuant to the Indiana Juvenile Code.
Page 15 | EMERGENCY CUSTODY ORDERS
When an agreement is entered orally on the record, counsel must submit an order setting it forth for Court approval within ten days, unless the Court allows more time.
If the agreement is entered orally on the record, counsel shall submit an order setting forth the agreement for approval by the Court within ten (10) days or such additional time as the Court may allow.
Page 23 | LR75-FL00-17 AGREED MATTERS-SUBMISSION
For criminal prosecutions scheduled for jury trial, the Court must set the plea-agreement deadline at least ten days before trial.
In all criminal prosecutions scheduled for trial by jury, the plea agreement deadline date shall be set by the Court and shall be not less than ten (10) days before trial.
Page 30 | LR75-CR00-10 PLEA AGREEMENT DEADLINE DATE
The Court will not accept a plea agreement filed after the court-set deadline.
The Court shall not accept any plea agreements filed after this date.
Page 30 | LR75-CR00-10 PLEA AGREEMENT DEADLINE DATE
A motion to sequester a jury must be filed at least 45 days before trial unless good cause is shown.
Any motion to sequester a jury shall be filed no later than forty-five (45) days preceding the date fixed for Jury Trial, except for good cause shown.
Page 32 | LR75-CR00-14 MOTION TO SEQUESTER
A hearing request on a motion to correct error must be filed before the Court rules on the motion.
Any party may request a hearing upon a motion to correct error by filing a written request therefore by separate instrument at any time before the Court has ruled upon such motion.
Page 6 | MOTIONS
Service and Proof of Service Rules
An attorney entering an appearance must serve a copy of the written appearance form on all counsel and unrepresented parties of record.
Every attorney entering an appearance on behalf of any party shall file with the Court a written appearance form and serve a copy on all counsel and unrepresented parties of record.
Page 3 | LR75-TR3.1-1 APPEARANCES
A copy of the entry form must be served on all counsel of record or the pro se litigant when the entry is an appearance of counsel or sets a Court hearing date.
A copy of the entry form of the filing shall also be served on all counsel of record or pro se litigant whenever the entry is the appearance of counsel or contains a setting for a Court hearing date.
Page 5 | FILING PROCEDURE
A filing that must be served under T.R. 5 must be served on all counsel of record or the pro se litigant before filing or on the day it is filed.
Every filing made by counsel and pro se litigants required to be served by T.R. 5 shall be served on all counsel of record or pro se litigant either before it is filed or on the day it is filed with the Court.
Page 5 | FILING PROCEDURE
A party seeking service by publication must submit a request and praecipe supported by an affidavit stating that diligent search was made and the opposing party cannot be found, concealed their whereabouts, or left the state.
Whenever service is made by publication, the party seeking service shall submit to the Court a request for such service and a praecipe which shall be supported by an affidavit stating that a diligent search has been made and that the opposing party cannot be found, has concealed his/her whereabouts, or has left the state.
Page 6 | FILING PROCEDURE
For a motion requiring notice, serving a copy on the other parties constitutes notice that the motion has been filed.
When a motion requires notice, the serving of the copy of the motion upon the other parties in the cause shall constitute notice of filing same.
Page 6 | MOTIONS
A copy of any order issued after telephone argument must be sent to the parties.
but in either event, any order issued thereon shall be reduced to writing and a copy sent to the parties.
Page 7 | 1.10 Telephone Argument
A copy of the supporting brief or memorandum must be promptly served on the opposing party.
a copy shall be promptly served upon the opposing party.
Page 7 | 1.6 Briefs and Memoranda Regarding Motions
A motion to reconsider must be served personally upon the judge who issued the ruling.
must be served personally upon the ruling Judge.
Page 7 | 1.8 Motion to Reconsider Rulings
The responding party must serve the original and one copy on propounding counsel.
The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.
Page 10 | INTERROGATORIES
Parties must exchange witness lists, exhibit copies, contentions, and statements of factual and legal issues at least 30 days before the pre-trial conference.
The parties shall exchange written lists of witnesses and photocopies of exhibits, together with contentions and statements of issues of fact and law, at least thirty (30) days prior to the pre-trial conference.
Page 12 | LR75-TR00-14 PRE-TRIAL CONFERENCES
Memoranda of law addressing unusual questions of law must be served no later than seven days before trial.
1.3 Memoranda of Law. Memoranda of law, addressing any unusual questions of law, shall be filed and served no later than seven (7) days prior to trial.
Page 12 | LR75-TR00-14 PRE-TRIAL CONFERENCES
A T.R. 65(B) order takes effect upon service and remains effective until a decree or final order is entered or the Court modifies or dissolves it.
An Order entered under T.R. 65(B) shall become automatically effective upon service and shall remain in effect until the entry of a decree or final order or until modified or dissolved by the Court.
Page 15 | TEMPORARY RESTRAINING ORDERS
Anything served on the opposing party must also be served on the guardian ad litem.
The guardian ad litem then becomes a party and anything to be served on the opposing party shall also be served on the guardian ad litem.
Page 16 | GUARDIANS AD LITEM
Worksheets should be delivered with the other party’s Financial Declaration Form when reasonably possible and must in any event be delivered within ten days of receiving that Form.
Further, the worksheet(s) shall, when reasonably possible, be delivered to the other party simultaneously with the Financial Declaration Form, but, in any event, within ten (10) days of receiving the other party’s Form.
Page 19 | LR75-FL00-10 CHILD SUPPORT GUIDELINES
The attorney must provide the petitioner or movant with a copy of the Order and Instructional Letter.
The attorney shall provide a copy of the Order and Instructional Letter to the petitioner or movant.
Page 19
The moving party or opposing parent’s counsel must serve the Order and Instructional Letter with the underlying Petition or Motion.
A copy of the Order and Instructional Letter shall be served by the moving party or counsel of the opposing parent along with the underlying Petition or Motion.
Page 19
Each party must prepare and exchange a Financial Declaration Form within 45 days of the initial action filing, or within 30 days of filing a post-decree matter.
In all family law matters, including dissolutions, separations, post- decree and support proceedings, each party shall prepare and exchange, respectively, within 45 days of the initial filing of the action or within 30 days of the filing of any post- decree matters, a Financial Declaration Form.
Page 20 | LR75-FL00-11 FINANCIAL DECLARATION FORM
When service has occurred but no counsel has appeared, the moving party must serve the completed form within ten days and notify the other party of that party’s duty to prepare and serve a form.
In those cases where there is service, but no appearance by counsel, it is the responsibility of the moving party to serve the completed form on the other party within ten (10) days and to notify that party of the duty to prepare and serve one as well.
Page 20 | LR75-FL00-11 FINANCIAL DECLARATION FORM
Post-dissolution pleadings must be served on a party no longer represented by counsel in accordance with the Indiana Trial Rules.
The service of any post-dissolution pleadings upon any party not represented by counsel pursuant to the paragraph above shall be made upon that person pursuant to the Indiana Trial Rules.
Page 24 | LR75-FL00-20 TERMINATION OF REPRESENTATIVE CAPACITY
Moving counsel must file evidence of at least ten days’ written hearing notice to the client, with notice of the next calendar setting; the requirement is waived when other counsel appears with the withdrawal.
Moving counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of such hearing to the attorney’s client. Further, the notice to the client shall also contain notice of the next scheduled calendar setting in the cause. A withdrawal of appearance, when accompanied by the appearance of other counsel, shall constitute a waiver of this requirement.
Page 31 | LR75-CR00-13 WITHDRAWAL OF APPEARANCE
The Financial Declaration Form need not be exchanged in the listed circumstances; for a post-decree arrearage, the alleged delinquent party must complete the entire form while the support recipient completes only the specified arrearage-calculation portion with supporting documentation.
The form need not be exchanged if: (1) the parties agree in writing within 30 days of the initial filing to waive exchange, and; (2) the parties have executed a written agreement which settles all financial issues, or; (3) the proceeding is merely at a provisional or emergency relief stage, or; (4) the proceeding is one in which the service is by publication and there is no response, or; (5) the proceeding is post-decree and concerns issues without financial implication. Provided, however, when the proceeding is post-decree and concerns an arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete merely that portion thereof which requires specification of the basis of the arrearage calculation (with appropriate supporting documentation).
Page 20 | LR75-FL00-11 FINANCIAL DECLARATION FORM
The second tier of the jury summons procedure requires summons to be sent at least one week before service.
Summons sent at least one (1) week before service shall be the second tier.
Page 32 | LR75-CR00-16 JURY RULES, 1.3 Two-Tier System
Serving previous counsel with a copy of post-dissolution pleadings is professional courtesy only.
Any copy of any post-dissolution pleadings served upon previous counsel will be deemed a matter of professional courtesy only.
Page 24 | LR75-FL00-20 TERMINATION OF REPRESENTATIVE CAPACITY
Filing Fees and Waivers
An order for child support payments payable to the Clerk’s office must provide that the child support obligor pay the Clerk’s annual processing fee.
In preparing an order for payment of child support which is payable to the Clerk’s office, the parties shall include in the order a provision that the child support obligator shall pay the Clerk’s annual processing fee.
Page 20 | LR75-FL00-10 CHILD SUPPORT GUIDELINES
Sealing & Redaction Procedures
The Court may seal Forms upon motion when privacy requires, but requests should not be made routinely; sealed Forms are handled as specified and may be withdrawn at case conclusion on terms set by the Court.
1.5 Privacy-Sealing of Forms. Whenever the interest of privacy so requires, the Court may, upon motion, direct the admitted Forms sealed until further order. However, such requests shall not be made as a matter of course. When ordered sealed, the court reporter shall take custody of the Forms and place them in a flat manner in an envelope of sufficient size, seal the envelope and affix a copy of the order. Forms may be withdrawn at the conclusion of the case on such terms as the Court allows.
Page 21 | Privacy-Sealing of Forms
Filing Bundling Requirements
Proposed orders must be prepared and filed separately from the papers to which they refer.
Proposed orders shall be prepared and filed separately from the pleadings, motions, petitions, or other papers to which they refer.
Page 5 | FILING PROCEDURE
Pre-Motion Conference Requirements
Motions for summary judgment and motions to dismiss under T.R. 41(E) cannot be granted without a hearing.
except on Motions for Summary Judgment or Motions to Dismiss pursuant to T.R. 41(E), which cannot be granted without hearing.
Page 7 | 1.4 Oral Arguments on Motions and Other Pleadings
An opposing brief is due within 10 days after service of the movant's brief, and a reply is due within 5 days after service of the response.
If the opposing party desires to file a brief or memorandum, that party must do so within ten (10) days of service of the movant’s brief or memorandum. If the moving party desires to file a reply brief or memorandum, that party must do so within five (5) days of service of the response, brief or memorandum.
Page 7 | 1.6 Briefs and Memoranda Regarding Motions
Any such oral argument requested may be heard only at the discretion of the Court,
Any such oral argument requested may be heard only at the discretion of the Court,
Page 7 | 1.4 Oral Arguments on Motions and Other Pleadings
The Court may direct argument of any motion by telephone conference, on its own motion or at a party's request.
The Court, on its own motion or at a party’s request, may direct argument of any motion by telephone conference.
Page 7 | 1.10 Telephone Argument
Adjournment & Extension Requirements
An initial written T.R. 6(B)(1) motion to enlarge the time to respond to a claim is automatically allowed for 30 additional days from the original due date with a written court order.
An initial written motion for enlargement of time pursuant to T.R. 6(B)(1) to respond to a claim shall be automatically allowed for an additional thirty (30) days from the original due date with a written order of the Court.
Page 7 | 1.5 Enlargement of Time
Subsequent motions for enlargement must be designated as such and are granted only for good cause.
All subsequent motions shall be so designated and will be granted only for good cause shown.
Page 7 | 1.5 Enlargement of Time
Unless made during a hearing or trial, a continuance motion must be written, state its grounds particularly, be verified, and state opposing counsel's position and whether the movant previously requested continuances.
Unless made during a hearing or trial, a Motion for Continuance shall be made in writing, stating with particularity the grounds therefore and be verified, and shall state whether opposing counsel objects to the motion, and whether prior continuances have been requested by the moving party.
Page 8 | LR75-TR00-8 CONTINUANCES, 1.1 Motion for Continuance
A continuance-related requirement is due seven days before the assigned trial or hearing, unless affidavit-supported good cause arose during that seven-day period.
seven (7) days before the date assigned for trial or hearing, unless good cause therefore is shown by affidavit to have occurred within the seven (7) day period.
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If all attorneys of record are not present when a matter is continued, the requesting attorney must request rescheduling within ten days after the continuance is granted.
If all attorneys of record are not present in the Court when a matter is continued, the attorney(s) who requested such continuance shall, within ten (10) days following the granting of the continuance, request the matter be rescheduled.
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Unless the Court directs otherwise, continued matters must be rescheduled when all attorneys are available.
1.4 Rescheduling. Unless the Court directs otherwise, all matters continued shall be rescheduled on the Court’s calendar when all attorneys will be available.
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Discovery time may be extended for good cause before the completion deadline; motions and stipulations must state reasons, and stipulations require Court approval.
1.2 Extensions of Time. For good cause shown, and prior to the expiration of the time within which discovery is required to be completed, time may be extended for completion of discovery. Motions and stipulations for additional time for completion of discovery must set forth reasons justifying the additional time. Stipulations extending the discovery period must be approved by the Court.
Page 10 | DISCOVERY
If a PTC is continued, it must be reset at least 30 days before trial unless the Judge or Magistrate approves otherwise.
In the event the PTC is continued, it shall be reset to a date at least 30 days prior to the trial date, unless otherwise approved by the Judge or Magistrate.
Page 21 | PRE-TRIAL CONFERENCES — Prior to Final Hearing
The Court may grant a continuance only for good cause and only as long as necessary, considering the parties’ positions and the public interest in prompt disposition.
Upon motion of any party, the Court may grant a continuance only upon showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or Defendant, but also the public interest in the prompt disposition of the case.
Page 29 | LR75-CR00-8 MOTIONS
On written request and for good cause, the Court may shorten or extend the time for a discovery response as appropriate.
The Court may, upon written request and for good cause shown, shorten or extend the time as it deems appropriate.
Page 7 | 1.9 Motions to Compel Discovery
When more than two attorneys represent the parties, the Court may require the party requesting a continuance to provide five dates available to all attorneys.
If more than two (2) attorneys represent the parties in a case, then the Court may require the party who requested the continuance to notify the Court of five (5) dates that are available for all of the attorneys involved in the matter.
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The Court may grant or deny a continuance in its discretion.
1.3 Court’s Discretion. The Court in its discretion may grant or deny a continuance.
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The Court-ordered custody or visitation evaluation or report not being sent to counsel and unrepresented parties at least 10 days before the hearing may be grounds for a continuance.
It may be grounds for a continuance that the Court ordered custody/visitation evaluation or report has not been sent to counsel and to any party not represented by counsel at least ten (10) days prior to the hearing date.
Page 18 | LR75-FL00-7 CHILD CUSTODY
The Court may extend or shorten the Financial Declaration Form deadlines by order for good cause shown.
These time limits may be extended or shortened by court order for good cause shown.
Page 20 | LR75-FL00-11 FINANCIAL DECLARATION FORM
If a party’s failure to comply with the discovery rule or a related order is brought to the Court’s attention, the Court may order a continuance or other just relief.
If at any time during the course of proceedings it is brought to the attention of the Court that a party failed to comply with this Rule or an order issued pursuant thereto, the Court may order such party to permit the discovery of material and information not previously disclosed, and the Court may order a continuance, or enter such other order as it deems just under the circumstances.
Page 28 | 1.4 Failure to Comply
Unless the Court orders otherwise, delay caused by granting the Defendant’s continuance motion is charged to the Defendant.
Unless otherwise ordered, all delay that is the result of the granting of the Defendant’s motion for continuance shall be chargeable to the Defendant.
Page 29 | LR75-CR00-8 MOTIONS
Chambers Communication Rules
Hearing dates for filings requiring Court action must be obtained from the Judge’s staff after the paperwork is submitted.
Hearing dates on filing requiring Court action shall be obtained from the Judge’s staff after the paperwork is submitted.
Page 5 | FILING PROCEDURE
When filing a motion for enlargement of time, reconsideration, change of venue or judge, specified dismissals, or the listed Trial Rule 37(A) motions to compel, the moving party must bring it to the assigned Judge’s attention.
At the time of filing, a moving party shall bring the following motions to the attention of the Judge assigned: (1) Motion for Enlargement of Time; (2) Motion to Reconsider; (3) Motion for Change of Venue from County; (4) Motion for Change of Judge; (5) Motion to Dismiss Complaint by Plaintiff when no Answer has been filed. (6) Motion to Dismiss Counterclaim by Defendant when no reply has been filed; (7) Trial Rule 37(A) Motions to Compel Responses to Interrogatories (pursuant to T.R. 33), or to Requests for Production (pursuant to T.R. 34).
Page 6 | MOTIONS
All parties must notify the Court of any settlement.
(2) All parties have the duty to notify the Court of any settlement of their cause.
Page 9 | SETTLEMENTS
Failure to notify the Court of a settlement within five calendar days of the trial date is treated as a failure to notify the Court.
(5) Failure to notify the Court of any settlement within five (5) calendar days of the date set for trial shall constitute failure to notify the Court of settlement.
Page 9 | SETTLEMENTS
When the parties reach an agreement while a court date is pending, they must notify the Court in a timely manner.
In all proceedings where a court date is pending and the parties reach an agreement between themselves, the parties shall notify the Court in a timely manner.
Page 24 | LR75-FL00-19 AGREEMENT WITH COURT DATE PENDING
The Clerk must promptly bring questions about compliance of trial de novo requests to the Judge's attention.
If the Clerk has any questions concerning whether there is compliance with trial de novo requests, he or she shall promptly bring those questions to the attention of the Judge of the Starke Circuit Court.
Page 33 | 1.3 Compliance With Applicable Supreme Court Rules
Upon receiving a qualifying request for trial de novo, the Clerk must immediately notify the Judge.
1.2 Notification of Request for Trial De Novo. The Clerk of the Starke Circuit Court upon receiving a request for trial de novo following infraction or ordinance violations judgment, or misdemeanor trial or plea of guilty shall immediately notify the Judge of the Starke Circuit Court.
Page 33 | 1.2 Notification of Request for Trial De Novo
Each party must promptly advise the Clerk of changes to information previously supplied to the Court.
Each party shall promptly advise the Clerk of this Court of any changes in any information previously supplied to this Court.
Page 3 | LR75-TR3.1-1 APPEARANCES
Contact the local court directly with questions about jury duty, an upcoming court date, or obtaining a case document that is unavailable online.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts