Tippecanoe County Courts, Indiana Pre-Motion Conference Requirements

The court may not grant or order a custody evaluation until a status conference with both parties and any attorneys, after the court is satisfied that all listed prerequisites have been completed or considered.

The court will not grant a request for or otherwise order a custody evaluation except following a Status Conference in the presence of both parties and their attorneys, if any, during which the court has been satisfied that: A. both parties have completed the mandatory website work pursuant to FLR 6, above; and, B. both parents have completed any required co-parenting class pursuant to FLR 7, above; and, C. both parties have exchanged Parenting Plan Proposals pursuant to FLR 8, above; and, D. both parties and their attorneys, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or consultation pursuant to FLR 9, above; and, E. the court has carefully considered and reviewed, with both parties and their attorneys, if any, the use of other resources.

For the covered motions, an adverse party has 15 days after service to respond and the moving party has 7 days to reply, unless the Indiana Rules of Trial Procedure govern otherwise; the Court may change the periods, and untimely papers subject the motion to summary ruling.

This rule shall apply to motions under Trial Rule 12, contested motions to continue hearings or trials, discovery motions, and any other contested motions. Briefs and Memoranda. Unless the procedure for a motion is governed otherwise by the Indiana Rules of Trial Procedure, an adverse party shall have fifteen (15) days after service of a motion in which to file a response, and the moving party shall have seven (7) days in which to file a reply. The court may in its discretion shorten or lengthen the time for a response or a reply. Failure to file a response or reply within the prescribed time shall subject such motions to summary ruling. Any party may request the court hold a hearing on a motion.

Before filing or seeking other court relief, counsel and self-represented parties must consult personally or by telephone, subject to stated exceptions; electronic communication is not preferred, and the duty continues.

Except in emergencies or when it might create a danger or substantial prejudice or is otherwise unreasonable to do so, counsel and pro se parties shall have a personal or telephonic consultation to resolve any issue before filing or seeking any other relief through the court. (electronic communication such as email or texts are not preferred). Counsel and pro se parties contacted for a consultation shall make themselves reasonably available for consultation. The duty of consultation shall be continuing.

During consultation, the parties must attempt to resolve disputed matters, confirm compliance with specified family-law rules, and discuss resources for resolving issues and building cooperation.

In the consultation, counsel and pro se parties shall: (1) attempt to resolve all matters at issue; (2) confirm the parties’ compliance with FLR 5, FLR 6, FLR 7 and FLR 8; and, (3) discuss the resources they believe the parents could use to resolve current and future issues and to build cooperation.