Steuben County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A continuance motion must be filed as soon as the cause is discovered and no later than 10 days before the hearing or trial, unless the reason first arose within that 10-day period.
Document Format Requirements13 rules
Subparagraphs shall relate directly to the subject matter of the Interrogatory or Request for Admission.
Interrogatories shall be tailored specifically to the cause in which they are served and numbered consecutively to facilitate response.
- Interrogatories
Formatting
- •Interrogatories must be numbered consecutively to facilitate response
All numbers shall be rounded to the nearest whole dollar.
Juror strikes must be submitted in writing by each party simultaneously to the judge at the bench.
Court's wording
All challenges of prospective jurors shall be made at the close of each completed round of voir dire examination, and strikes shall be submitted in writing by each party, simultaneously, to the judge at the bench.
Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in appellate records.
Non-documentary and oversized exhibits shall not be sent to the appellate level courts, but shall remain in the custody of the trial court or trial court administrative agency during the appeal.
All parties shall use the forms as drafted. The use of a modified or altered form may result in the pleading or motion being struck from the record or denied.
A. All further reference to the Ind. Trial Rules shall be preceded by the designation T.R. followed by the rule number. These Local Civil Rules shall be cited as L. Civ. R. followed by the rule number.
A. Spacing of Text. Except for quotations, which shall be indented and single- spaced, the text of all pleadings, motions, orders, memoranda and other papers shall be double- spaced.
- Line spacing
- Double
The responding party shall make his or her disclosures on a copy of the SAME FORM served by the opposing party so that the copy filed with the Court by the responding party contains both parties’ disclosures on the same form.
The court recommends the illustrated format for an attorney signature block.
Formatting
- •The illustrated signature-block format is recommended
Court's wording
The following format is recommended: _______________________________ JOHN DOE Indiana Attorney Number: 1111-45 DOE, ROE AND SMITH Suite 35, Blackacre Building Angola, Indiana 46703 TX: (260) 555-3000 Attorney for Plaintiff
Facsimile signatures may be accepted on original documents requiring a signature, at the judge’s discretion, facsimile signatures are permitted on copies.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Document Filing Requirements26 rules
A. Briefs. All motions filed pursuant to T.R. 12 and T.R. 56 shall be accompanied by separate supporting briefs with citation to appropriate legal authority.
Any party desiring to serve additional Interrogatories or Request for Admissions shall first file a written motion with the Court which specifically shows the necessity for additional Interrogatories or Request for Admissions.
If counsel cannot agree on a mutually satisfactory date and time to continue the matter, the motion must state that fact in its body.
Court's wording
If counsel are unable to arrive at a mutually satisfactory date and time to continue the matter, then, this fact shall be made to appear in the body of the motion and the Court shall then rule upon the merits of the motion.
The proposed final pre-trial order must include the listed jurisdictional, pleadings, issues, contentions, exhibit, and witness information.
Court's wording
The proposed final pre-trial order shall set forth the following sequence: (1) the jurisdiction of the Court; (2) the pleadings raising the issues; (3) any motions or other matters requiring action by the Court; (4) a concise statement of stipulated facts; (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 list of trial exhibits; (10) the defendant's list of trial exhibits; (11) the plaintiff's list of trial witnesses, with addresses. Expert witnesses shall be so designated; and, (12) the defendant's list of trial witnesses, with addresses. Expert witnesses shall be so designated.
Counsel shall prepare a proposed pre- trial order which shall be executed by counsel for all parties and filed not later than five (5) days prior to the final pre-trial conference.
Each instruction shall be accompanied by citations to legal authority.
If all counsel do not execute the final pre-trial order, each counsel must file a written statement of the reasons and their proposed order.
Court's wording
When, for any reason, the final pre-trial order is not executed by all counsel, each counsel shall file no later than three (3) days prior to the final pre-trial conference a written statement of the reasons therefore and accompanied with their proposed final pre-trial order.
The written objections shall make reference to the number of the instruction being objected to; state specifically the nature of the objection; and, be accompanied by citations to legal authority.
Unless waived by the Court no case involving the issue of contested child custody will be set for final hearing until there is filed with the Court a custodial evaluation prepared by an expert approved by the Court.
Court time for a final contested hearing on a Petition for Dissolution of Marriage will not be scheduled until a party has fully completed and filed a Property, Indebtedness and Earnings Disclosure Form.
If not previously filed, the parties must submit completed copies of the Child Support Obligation Worksheet and Parenting Time Credit Worksheet by the final hearing in the specified cases.
Court's wording
If not previously filed, on or before the date of the final hearing on any Petition for Dissolution of Marriage, Petition to Establish Paternity or Petition to Modify Child Support, the parties shall submit to the Court a completed copy of the Child Support Obligation Worksheet and Parenting Time Credit Worksheet set forth at Appendix 1.
No divorce settlement agreement or post-divorce modification agreement involving minor children will be approved by the Court unless accompanied by an Income Withholding Order, fully completed, and ready for immediate activation, unless it is made to appear that such would not be in the best interest of the minor
When orders concerning unemancipated children are requested in a dissolution, legal separation, or paternity case, both parents must register for the court-approved co-parenting program.
Court's wording
In any dissolution, legal separation or paternity case where orders are requested regarding unemancipated children, both parents shall register to attend the Court approved co-parenting program designed to lessen the adverse impact of divorce upon the child(ren). A registration form is attached as Appendix 4.
Counsel for the responding party shall on the date his/her appearance is filed certify to the Court in writing that his/her client has completed the registration form necessary to attend the Court approved parenting program.
Before a referred case may be set for a contested final hearing, the Court must receive a mediator’s written report identifying any issues resolved through mediation.
Court's wording
Once a case is referred to mediation, it shall not be set for contested final hearing until, in addition to all other requirements of these Local Domestic Relation Rules being met, the Court receives a written report from the mediator. The report shall advise the Court what, if any, issues have been successfully resolved through mediation.
All issues which have been resolved shall be set forth in writing by the mediator, signed by the parties and their counsel, and, shall serve as stipulations of the parties at any contested final hearing.
A defendant appearing with counsel may waive appearance at the initial hearing by filing a written waiver signed by defendant and counsel in a misdemeanor case.
No criminal case, except for good cause shown, will be set for a change of plea hearing unless the defendant first files with the Court a written motion which seeks leave of Court to withdraw his/her former plea of not guilty and to enter a plea of guilty together with a fully executed copy of the proposed plea agreement.
Counsel shall advise the Court in writing of the special judge agreed upon, or, of their inability to reach agreement.
A party offering biologically contaminated evidence must file a pretrial notice with the trial court before trial.
Court's wording
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 may consider the issue and rule appropriately before trial.
At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence. The receipt will be made part of the court file.
All proposed orders and forms requiring the signature of a judicial officer shall have a signature line for “Magistrate, Steuben Superior Court”.
- Document
- Proposed orders and forms requiring judicial officer signature
Must include
- •Magistrate, Steuben Superior Court
All such documents should contain the written signature of the attorney, if any; the printed name; Indiana Attorney Registration Number; the name of the firm, if any, with whom the attorney is associated; address; telephone number; and, designation of the party represented.
Barring extraordinary circumstances, a proposed plea agreement should be tendered by the State to the Defendant no later than the first pre-trial conference.
Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.
Instructions covering issues arising at trial which could not reasonably be anticipated in advance of trial may be submitted during the trial.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
A timely appearance in response to a summons automatically extends the time to answer or otherwise respond by 30 days from the appearance filing.
Provided it is timely filed, the entry of an appearance by a party or counsel in response to a summons in an action that requires an answer shall effect an automatic extension of thirty (30) days from the filing thereof within which to answer or otherwise respond.
Page 7
The proposed pre-trial order must be filed no later than five days before the final pre-trial conference.
Counsel shall prepare a proposed pre- trial order which shall be executed by counsel for all parties and filed not later than five (5) days prior to the final pre-trial conference.
Page 9 | E. Contents of Proposed Pre-Trial Order
Proposed preliminary and final jury instructions and all motions in limine must be filed no later than five days before the final pre-trial conference.
Proposed preliminary and final jury instructions, and all motions in limine, shall be filed and served no later than five (5) days prior to the final pre-trial conference.
Page 10 | G. Proposed Jury Instructions
Written objections to proposed jury instructions must be submitted to the Court no later than three days before the final pre-trial conference.
Written objections to proposed jury instructions shall be submitted to the Court no later than three (3) days before the final pre-trial conference.
Page 10 | G. Proposed Jury Instructions
When the final pre-trial order is not executed by all counsel, each counsel must file the written statement and proposed order no later than three days before the conference.
When, for any reason, the final pre-trial order is not executed by all counsel, each counsel shall file no later than three (3) days prior to the final pre-trial conference a written statement of the reasons therefore and accompanied with their proposed final pre-trial order.
Page 10 | E. Contents of Proposed Pre-Trial Order
A summary expedited hearing involving child support must occur within 20 days of filing.
All summary expedited hearings involving child support shall occur within twenty (20) days of filing.
Page 13 | Summary Expedited Hearings
The opposing party must complete and file their portion of the disclosure form within 30 days after service.
The opposing party shall respond to such Request for Admissions by completing such party's respective portion of the disclosure form and filing same with the Court within thirty (30) days from date of service.
Page 14 | G. Court Time
The specified worksheets must be submitted by the final hearing in a dissolution, paternity, or child-support modification case.
If not previously filed, on or before the date of the final hearing on any Petition for Dissolution of Marriage, Petition to Establish Paternity or Petition to Modify Child Support, the parties shall submit to the Court a completed copy of the Child Support Obligation Worksheet and Parenting Time Credit Worksheet set forth at Appendix 1.
Page 15 | I. Verified Submission of Child Support Information
The responding party’s counsel must provide the written certification on the date counsel’s appearance is filed.
Counsel for the responding party shall on the date his/her appearance is filed certify to the Court in writing that his/her client has completed the registration form necessary to attend the Court approved parenting program.
Page 16 | K. Education Program
In jury-trial cases, motions in limine and any proposed jury instructions must be filed no later than five days before trial, unless good cause is shown.
In all cases to be tried to a jury motions in limine and proposed jury instructions, if any, shall be filed with the Court no later than five (5) days prior to trial, except for good cause shown.
Page 19 | LR76-CR-5 Pre-Trial Procedures
Motions for Proceedings Supplemental may not be filed within 10 days after judgment unless the court first grants leave.
The Clerk shall accept no Motions for Proceedings Supplemental for filing less than ten (10) days from the date of judgment, without leave of Court being first obtained.
Page 34 | LR76-SC-3 Collection
If a party represented by counsel fails to file their portion of the disclosure form within 30 days after service, the information in the form on file is deemed admitted as fact by all parties.
In the event that the party being served with the initial Property, Indebtedness and Earnings Disclosure Form does not, within thirty (30) days from the date of service, file his or her respective portion of the disclosure form, if represented by counsel, the information contained in the Property, Indebtedness and Earnings Disclosure Form then on file shall be deemed to be admitted as fact by all parties.
Page 14 | G. Court Time
Service and Proof of Service Rules
Proposed preliminary and final jury instructions and all motions in limine must be served no later than five days before the final pre-trial conference.
Proposed preliminary and final jury instructions, and all motions in limine, shall be filed and served no later than five (5) days prior to the final pre-trial conference.
Page 10 | G. Proposed Jury Instructions
Both counsel must exchange the listed financial and other relevant information within 30 days after Respondent’s counsel enters an appearance.
Within thirty (30) days after counsel for Respondent enters an appearance, both counsel shall voluntarily exchange the following information for their clients: (1) Federal and state income tax returns, with all supporting schedules, for the preceding three (3) years; (2) Pay stubs for the preceding four (4) weeks; (3) Bank statements showing balances in all accounts as of the date the petition was filed; (4) Pension valuations showing those benefits which were vested as of the date of marriage, and, which were vested as of the date of filing the petition; (5) Copies of all deeds, mortgages, and land contracts; (6) Copies of all real estate and personal property appraisals done within the preceding five (5) years; (7) Copies of all financial statements provided to any financial institution within the preceding five (5) years; (8) A list of all marital debts showing the name of the creditor, whether the debt is joint or individual, monthly payments, and payoff as of date of filing the petition; and, (9) All other relevant information in the party’s possession pertaining to custody, support, parenting time or marital assets or marital debts.
Page 15 | J. Mandatory Exchange of Information
The State must make intended Rule 404(b) character evidence available to the defendant no later than the scheduled initial pre-trial conference, unless good cause is shown.
All character evidence which the State intends to offer pursuant to Ind. Rules of Evidence 404(b) shall be made available to defendant no later than the date scheduled for the initial pre-trial conference, except for good cause shown.
Page 20 | LR76-CR-6 Discovery/Character Evidence
The court must notify attorneys of record and unrepresented parties by mail, including e-mail, of the date by which evidence must be retrieved to avoid destruction.
In all cases, the court shall provide actual notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 33 | G. 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 may 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 may consider the issue and rule appropriately before trial.
Page 33 | F. Biologically Contaminated Evidence
After inadequate service, the party seeking service has 60 days to perfect it; failure to do so may result in dismissal without prejudice.
Upon failure to obtain adequate service over a party, the party seeking to obtain service shall be granted sixty (60) days to perfect service. Failure to perfect service within such sixty (60) day period may result in the cause or applicable motion being dismissed without prejudice.
Page 34 | LR76-SC-1 Service and Appearance
Counsel or the Clerk may use the attorney boxes in the Court office as an alternative means of serving legal papers.
A. Attorney Boxes. The Court designates the attorney boxes located in the Court office as an alternative suitable means for making service of all legal papers by counsel or by the Clerk.
Page 4 | LR76-AR00-5 Filing/Service
When the disclosure form is served on an opposing party represented by counsel, it is deemed a Request for Admissions that its information is true.
A copy of said form, when served upon the opposing party, if represented by counsel, shall be deemed to be a Request for Admissions by the opposing party that the information contained on said form is true.
Page 14 | G. Court Time
Counsel and parties must keep the court informed of their current addresses, and notice to the last current address is sufficient.
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 33 | G. Notification and Disposition
Pre-Motion Conference Requirements
Before the Court will rule on a discovery-dispute motion, moving counsel must represent that a good-faith personal or telephonic conference failed to resolve the dispute.
Therefore, the Court will not rule on motions related to discovery disputes unless moving counsel represents that after personal or telephonic conference, in a good faith effort to resolve differences, counsel are unable to reach accord.
Page 8 | LR76-AR00-10 Discovery — C. Attorney Conference
Adjournment & Extension Requirements
A continuance motion must be filed as soon as the cause is discovered and no later than 10 days before the hearing or trial, unless the reason first arose within that 10-day period.
A motion for continuance must be filed as soon after the cause for continuance is discovered, and not later than ten (10) days before hearing or trial, unless the reason for the continuance is shown to have first occurred within that period.
Page 7
If counsel should receive an extension of time to file briefs they shall notify the Clerk, in writing, of this fact.
If counsel should receive an extension of time to file briefs they shall notify the Clerk, in writing, of this fact.
Page 31
Counsel are expected to begin discovery promptly, and discovery extensions are granted only upon a showing of diligence and good cause.
In general, counsel are expected to begin discovery promptly, and shall be granted extensions only upon a showing of diligence and good cause.
Page 7 | LR76-AR00-10 Discovery
Chambers Communication Rules
Contact the local court directly with questions about jury duty, an upcoming court date, or an unavailable online case document.
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