Steuben County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court 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.

CRITICAL

Applies to

Written motion for additional interrogatories or requests for admission

A party seeking to serve additional interrogatories or requests for admission must first file a written motion that specifically shows why the additional requests are necessary.

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.

CRITICAL

Applies to

Jury instruction

Each proposed jury instruction must include citations to legal authority.

Each instruction shall be accompanied by citations to legal authority.

CRITICAL

Applies to

Custody evaluation

A contested child custody case may not be set for final hearing until a court-approved expert's custodial evaluation is filed, unless the Court waives the requirement.

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.

CRITICAL

Applies to

Proposed pretrial order

The proposed final pre-trial order must include the listed jurisdictional, pleadings, issues, contentions, exhibit, and witness information.

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.

CRITICAL

Applies to

Mediator report

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.

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.

CRITICAL

Applies to

Property indebtedness earnings disclosure form

Court time for a final contested dissolution hearing will not be scheduled until a party has completed and filed the disclosure form.

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.

CRITICAL

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

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.

CRITICAL

Applies to

Special judge selection advice

Counsel must advise the Court in writing whether they agreed upon a special judge or could not reach agreement.

Counsel shall advise the Court in writing of the special judge agreed upon, or, of their inability to reach agreement.

CRITICAL

Applies to

Divorce settlement agreement

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

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

CRITICAL

Applies to

Appearance waiver

In a misdemeanor case, a defendant appearing with counsel may waive the initial hearing by filing a written waiver signed by both the defendant and counsel.

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.

CRITICAL

Applies to

Child support obligation worksheet and parenting time credit worksheet

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.

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.

CRITICAL

Applies to

Continuance motion

If counsel cannot agree on a mutually satisfactory date and time to continue the matter, the motion must state that fact in its body.

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.

CRITICAL

Applies to

Motion

Motions under T.R. 12 and T.R. 56 must be accompanied by separate supporting briefs citing appropriate legal authority.

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.

CRITICAL

Applies to

Parenting program registration form

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.

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.

CRITICAL

Applies to

Proposed pretrial order

Counsel must prepare and obtain all parties’ counsel’s execution of the proposed pre-trial order.

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.

CRITICAL

Applies to

Written statement

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.

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.

CRITICAL

Applies to

Written objection to jury instruction

Written objections must identify the instruction number, state the objection’s nature specifically, and include citations to legal authority.

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.

CRITICAL

On the date the responding party’s appearance is filed, counsel must certify in writing to the Court that the client completed the parenting-program registration form.

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.

CRITICAL

Applies to

Change of plea hearing request

Before a change-of-plea hearing is set, the defendant must file a written motion seeking leave to withdraw the not-guilty plea and enter a guilty plea, together with a fully executed copy of the proposed plea agreement, unless good cause is shown.

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.

CRITICAL

Applies to

Proposed orders and forms requiring judicial officer signature

Proposed orders and forms requiring a judicial officer's signature must include a signature line reading “Magistrate, Steuben Superior Court”.

All proposed orders and forms requiring the signature of a judicial officer shall have a signature line for “Magistrate, Steuben Superior Court”.

CRITICAL

Applies to

Mediation resolution

Issues resolved through mediation must be written by the mediator, signed by the parties and their counsel, and serve as stipulations at a contested final hearing.

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.

WARNING

Applies to

Plea agreement

The State should tender a proposed plea agreement to the Defendant by the first pre-trial conference, barring extraordinary circumstances.

Barring extraordinary circumstances, a proposed plea agreement should be tendered by the State to the Defendant no later than the first pre-trial conference.

WARNING

Applies to

Document requiring signature

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.

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.

WARNING

Applies to

Transcript

The transcript must briefly identify each non-documentary or oversized exhibit where it was admitted into evidence.

Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.

INFO

Applies to

Jury instruction

Instructions on trial issues that could not reasonably have been anticipated may be submitted during trial.

Instructions covering issues arising at trial which could not reasonably be anticipated in advance of trial may be submitted during the trial.