Vigo County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An initial written motion under T.R.6(B)(1) to respond to a claim is automatically allowed an additional thirty days from the original due date without a written court order.
- For an initial extension of up to thirty days to file a responsive pleading or respond to a written discovery request, the requesting party must contact opposing counsel and solicit agreement.
- Once the stated initial-extension procedure is followed, no further court filing or court action is required for the extension.
- +15 more
Request must include
- A continuance motion must be filed as soon as possible after discovery of the reason and no later than 14 days before trial, unless an affidavit shows that the reason arose within that 14-day period.
Communication
Phone
Page & Word Limits1 rule
Except by permission of the Court, no brief shall exceed twenty (20) pages in length (exclusive of any pages containing a table of contents, table of authorities, and appendices), and no reply brief shall exceed ten (10) pages. Permission to file briefs in excess of these page limitations will be granted only upon motion supported by extraordinary and compelling reasons.
- Brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
Document Format Requirements8 rules
A motion to reconsider a ruling of the Court on any motion must be in writing and must be served personally upon the ruling Judge.
- Reconsideration motions
Formatting
- •The motion must be in writing
Instructions submitted to the Court must also be provided either on a compatible electronic disk or as an additional set designated “Court’s Instructions,” without identifying the authority or submitting party.
Court's wording
All instructions submitted to the Court shall also either be submitted on an electronic disk compatible with the Court's computer in order that the Court's staff may duplicate the instructions or with an additional set of instructions designated as Court’s Instructions without showing authority for the instruction or the party submitting the instruction.
The original and one copy of any motion and the original and three copies of the order (or sufficient copies to serve all parties) shall be filed.
Three copies of motions for proceeding supplemental orders and subpoenas shall be filed. If a garnishee defendant is named, then four copies of each document shall be filed.
All papers, pleadings and motions presented for filing shall comply with Rule Admin. R. 11.
Formatting
- •Comply with Rule Admin. R. 11.
Interrogatories must be tailored to the case; fill-in-the-blank or photocopied forms are restricted, subject to the stated numbering, applicability, and necessity exceptions.
- Interrogatories
Formatting
- •Interrogatories must be tailored specifically to each cause
Court's wording
1. Form. Interrogatories shall be tailored specifically to each cause in which they are filed. No fill-in-the-blank or photocopied forms containing interrogatories shall be filed or served upon a party unless all interrogatories on such forms are consecutively numbered and applicable to the case in which the same are filed and served. The intent and purpose of this rule is to prohibit the filing of fill-in-the-blank or photocopied forms of interrogatories except where the nature of the case or the number of the parties makes the use of such forms necessary and feasible.
Originals or photocopies of the forms described in S.C.L.R. 3A shall be acceptable for filing.
In light of the various additional requirements under the new appeal process, the court shall provide binders for said transcripts so prepared.
Document Filing Requirements88 rules
All pleadings shall show the name and address, telephone number, fax number and attorney number of the individual attorney or attorneys filing the pleading.
A pleading must be signed by at least one attorney of record or it will not be accepted, or will be stricken if the omission is discovered after filing.
Court's wording
Any pleading not signed by at least one (1) attorney appearing of record as required by T.R.11 shall not be accepted for filing by the Clerk of the Court or, if inadvertently accepted for filing, shall, upon discovery of such omission, be stricken from the record.
All appearance forms must be substantially in compliance with the requirements for appearance forms as set out by the Indiana Supreme Court.
All attorneys for a defendant or a third party shall file a written appearance for such defendant or third party.
Counsel desiring to withdraw their appearance in any action shall file a written petition requesting leave of Court to do so.
All withdrawals of appearance shall comply fully with the provisions of Rules of Professional Conduct, Rule 1.16.
Before withdrawal is permitted, the attorney must give the client ten days’ written notice, file a copy with the court, and explain the possible consequences of failing to obtain new counsel and other pertinent dates or information.
Court's wording
Permission to withdraw shall be given only after the withdrawing attorney has given his or her client ten (10) days’ written notice of the attorney’s intention to withdraw and has filed a copy of such notice with the Court. The notice 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 trial setting date or any other hearing date.
Each motion shall be separate; alternative motions filed together shall each be named in the caption on the face.
- Document
- Motion
- Placement
- Caption
Any motion filed pursuant to this rule shall state the date when such response is due and date to which time is enlarged.
The request for oral argument shall set forth specifically the purpose of the request and an estimate of time reasonably required for the Court to devote to the argument.
A request for oral argument on a motion shall be by separate instrument and timely served and filed with the brief, answer brief, or reply brief, except as otherwise provided.
In the event opposing counsel does not object to the extension or cannot with due diligence be reached, the party requesting the extension shall document the lack of objection by notice to opposing counsel and send a copy of the notice to the Clerk of the Court, which notice shall be filed of record in the case.
A movant shall file an original form of proposed order along with sufficient copies to serve all parties of record.
Must include
- •Proposed order
A party relying on specified unpublished decisions or non-currently-published statutes or regulations must provide a copy to the Court and all counsel of record.
Court's wording
If a party relies upon a legal decision not published in North Eastern Reporter 2d, or on a statute or regulation not found in the current publication of the United States Code, the Indiana Code, or the Indiana Administrative Code, then the party shall furnish the Court and all counsel of record with a copy of the relied-upon decision, statute, or regulation.
The specified motions must be accompanied by a separate supporting brief.
Court's wording
A Motion to Dismiss under Rule 12 of the Indiana Rules of Trial Procedure, for judgment on the pleadings, for more definite statement, to strike, or motions made pursuant to Rule 37 of the trial rules shall be accompanied by a separate supporting brief.
A motion to insert or strike pleading matter must be written, quote each set of words verbatim, and identify each set in a separate consecutively numbered specification.
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.
Briefs exceeding 20 pages, excluding pages containing a table of contents, table of authorities, and appendices, must include a page-referenced table of contents, a statement of issues, and a page-referenced table of cases, statutes, and other authorities.
- Document
- Brief
Must include
- •Table of contents
- •Table of authorities
Court's wording
Briefs exceeding twenty (20) pages in length (exclusive of any pages containing the table of contents, table of authorities, and appendices) shall contain: i. a table of contents with page reference; ii. a statement of issues; and iii. a table of cases (alphabetically arranged), statutes and other authorities cited, with reference to the pages of the brief where they are cited.
The Court ORDERS each party to file and serve on all other parties a preliminary witness and exhibit list no later than thirty (30) days after entry of this Order.
The pre-trial report ordered under paragraph (4) is a prerequisite to a scheduling conference at which a trial date is assigned.
The pre-trial report must include a case summary, estimated trial length, mediator-selection agreement if any, discovery estimate, amended witness and exhibit lists, anticipated pre-trial and trial motions, and proposed or agreed stipulations.
Court's wording
The pre-trial report shall contain the following information: A. A brief summary of the nature of the case(including any non-binding observations about whether liability is contested); B. An estimate of days required for trial; C. An agreement, if any exists, as to the parties’ selection of mediator; D. An estimate as to additional time needed to complete discovery necessary for trial; E. An amended list of witnesses and exhibits necessary for trial; F. Any anticipated pre-trial motions, including dispositive motions (such as motions to dismiss or for summary judgment) and anticipated trial motions such as motions in limine); G. A summary of any stipulations proposed (or with respect to which the parties have agreed)
No trial date will be set unless a pretrial report pursuant to LR84-TR16-5 has been filed.
Such requests for special instructions shall contain citations to supporting authorities.
Indiana Pattern Jury Instructions shall be used where applicable.
On all default judgments relating to commercial cases (except small claims) plaintiff or his counsel must submit an affidavit of debt and an affidavit in support of attorney fees requested by counsel.
Any request for attorney fees over that amount must be supported by an affidavit setting forth the number of hours spent on the case and the hourly charge.
The title of each motion for continuance must identify its sequence in the party’s series of such motions.
Court's wording
3. Title of Motion. A Motion for Continuance, whether it is plaintiff’s or defendant’s motion, shall denominate whether it is the First (1st), Second (2nd), Third (3rd), etc. Motion for Continuance filed by plaintiff or defendant.
The affidavit for attorney’s fees shall set forth the number of hours spent on the case and the hourly charge.
The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.
The order of appointment shall be filed in the court where the case originated.
A certification for reassignment and special judge appointment must include a prepared order of appointment.
Court's wording
Pursuant to T.R. 79(H), the District Judges and Magistrates shall certify to the Presiding Judge cases for reassignment and special judge appointment. The certification shall include a prepared order of appointment, as exhibited in TR79 Appointment Order.
The course must be completed, and written commitments must be completed and filed prior to the Final Hearing.
The Dispute Resolution Center shall make due report to the Court in which the Dissolution of Marriage action is pending regarding the parties’ attendance and the results of the workshop program.
A defendant posting full cash bail and each person depositing cash on the defendant’s behalf must execute an agreement permitting the Court to retain cash for specified amounts ordered if the defendant is convicted.
Court's wording
If the defendant posts bail by depositing the full cash amount, the defendant and each person who makes the deposit on behalf of the defendant shall execute an agreement that allows the Court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the Court may order the defendant to pay if convicted.
The State shall provide legible copies of existing written statements described in paragraphs 1(A), 1(B), 1(C), and 1(G).
When chain-of-custody issues are readily apparent, the State must provide the chain to the extent available by the disclosure date and supplement it upon the specified events or as ordered.
Court's wording
Under circumstances where chain of custody issues are readily apparent, such as drug cases, such chain shall be provided to the extent available on the disclosure date provided above and shall be supplemented: i. upon Defendant’s written request, ii. by pre-trial conference, and iii. thereafter, as ordered to complete such a chain.
The State shall make a record of compliance with this order not more than five (5) days after the date set out in paragraph 1 above.
An application to the Court shall be made to obtain copies of audio or videotape. Said application shall state in specific terms the necessity for such copies.
Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons insofar as permitted by law.
Disclosure of the identity of witnesses to be produced at a hearing or trial will be required.
The defendant must disclose intended procedural or substantive defenses, without limiting the right to file statutory defenses subject to their statutory notice timetable.
Court's wording
A statement of defenses, procedural or substantive, that the defendant intends to make at a hearing or trial. Such a statement shall not limit defendant’s right to file any defense defined by statute, such as alibi, insanity, etc., where a specific timetable for notice to the State is statutorily described.
Defense shall provide the same documents in a fashion similar to the State’s obligations described in paragraph 2.
The defense shall make a record of compliance with this order not more than five (5) days after the date set out in paragraph 3 above.
The defense must disclose the identifying and specified background information for witnesses it may call.
Court's wording
The names, addresses, and telephone numbers of persons whom the defendant may call as witnesses along with (a) a summary of their testimony similar to that described in 1(A)(iv), (b) record of prior criminal convictions, and (c) the relationship, if any, of the witness to the defendant or any co-defendant.
Such non-disclosure shall be sought by motion for protective order.
Any books, papers, documents, photographs, or tangible objects which are intended to be used at a hearing or trial.
Unsuccessful plea or resolution efforts do not excuse discovery compliance unless both parties waive in writing discovery compliance for a specified period and any speedy-trial requirements.
Court's wording
10. Failure of either party to engage in and comply with discovery shall not be excused by the parties' unsuccessful or incomplete efforts to enter into a plea agreement or other resolution of the case unless both parties waive in writing (1) compliance with this order for a specified period of time and (2) any speedy trial requirements.
1. Unless directed otherwise by the Court, the Estate Lawyer shall prepare all proposed Orders and provide sufficient copies to the Clerk.
2. All pleadings shall be signed by the Personal Representative and the Estate Lawyer.
In both supervised and unsupervised estates, the Estate Lawyer must include the Court’s Instructions, file them with the Court, and include signatures from the Estate Lawyer and Personal Representative.
- Document
- Court instructions
- Placement
- Signature block
Court's wording
3. The Estate Lawyer shall include the Court’s Instructions, in both supervised and unsupervised estates, describing the expectations and duties of the Personal Representative. The Court’s Instructions (see Unsupervised Instructions and Supervised Instructions) shall be filed with the Court and include the Estate Lawyer’s and the Personal Representative’s signature, therefore putting the Personal Representative on notice of the duties involved.
1. In all supervised estates, the personal representative shall file an inventory conforming to the requirements of I.C. 29-1-12-1 within two (2) months of appointment.
For an unsupervised estate, the Personal Representative must file either a conforming inventory or the specified verified certification.
Court's wording
2. In all unsupervised estates, the Personal Representative shall, within two (2) months of appointment, either: (1) file an inventory conforming with the requirements of I.C. 29-1-7.5-3.2(b), or (2) file a verified certification that an inventory conforming with the requirements of I.C. 29-1-7.5-3.2 has been prepared and is available to be furnished to distributees on request.
The attorney must petition the Court for allowance of fees for such extraordinary services. All such petitions will be set for hearing, with notice to all interested parties.
An attorney serving as Personal Representative may seek the additional fee only if it is reasonable and a description of services, time spent, and hourly rate is filed in support of the request.
Court's wording
When the Estate Lawyer also serves as the Personal Representative, an additional amount not in excess of one-half of the attorney's fee may be allowed, provided: i. The fee is reasonable in light of all circumstances; and ii. A description of services rendered, including time spent with an hourly rate, in support of the request is filed.
No fees may be paid without first submitting a Petition or Request for Fees, which shall include therein a worksheet or other calculation supporting the fees requested as being in accordance with this guideline.
Fees under a wrongful-death retainer or contingent-fee agreement may be allowed only if the listed conditions are shown to the Court’s satisfaction when the estate is opened or the wrongful-death action is filed.
Court's wording
Accordingly, fees shall be allowed under such agreements if, at the time of opening the estate or the filing of a wrongful death action, it is shown to the Court’s satisfaction: 1. That the Personal Representative was, prior to entering into such agreement, fully informed as to all aspects of the arrangement. 2. That the agreement is fair and reasonable. 3. That the fee sought is fair and reasonable.
A Petition for Fees or an objection to fees must be filed for the Court to determine fees in an Unsupervised Administration of a Decedent’s Estate.
Court's wording
No Attorney or Personal Representative fees will be determined and authorized for payment by the Court in any Unsupervised Administration of a Decedent’s Estate unless a Petition for Fees or objection to fees is filed with the Court. If such Petition or objection is not filed, the Court will not determine fees in an Unsupervised Estate.
An Affidavit that the fees do not exceed the schedule shall be filed with the Court at the time of the closing statement.
An Affidavit from the Estate Lawyer must be filed stating that all persons (known at the time of filing) having an interest in the potential recovery have been provided a copy of the fee agreement.
Parties or their attorneys are solely responsible for tendering to the Court in complete and correct form any documents desired to be filed, together with proper costs, as determined by the Clerk.
Judgment orders must itemize the amounts claimed, state the total judgment excluding court costs, and list court costs separately.
Court's wording
All judgment orders shall include an itemization of the amounts claimed (e.g., principal, interest, attorney fees, collection agency fees) as well as the total judgment not including court costs. Court costs shall be listed separately.
In such instances, blank forms identical to those submitted and approved shall be immediately provided to the Clerk for future reference and comparison.
Filing & Service rules
Electronic Filing Rules
All motions seeking an order of the Court shall be e-filed with a proposed order.
All motions seeking an order of the Court shall be e-filed with a proposed order.
Page 39 | LR84-AR11-4 Form and Style of Papers, Number of Copies, Filing and Services
Attorneys are required to e-file in Vigo County.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Pleadings, motions, and other papers may be filed by facsimile as provided by Indiana Administrative Rule 12, and the Court may issue orders or other responses by facsimile.
Pleadings, motions, and other papers may be filed by Facsimile Transmission as provided by Indiana Administrative Rule 12; the Court, by Facsimile Transmission, may issue orders or other responses thereto.
Page 39 | LR84-AR12-5 Filing By Facsimile Transmission
Filing Timing and Cure Windows
A withdrawal request must be filed at least thirty days before a scheduled hearing or trial, unless the court determines that good cause supports an exception.
The Court will not grant a request for withdrawal of appearance unless the request has been filed with the Court at least thirty (30) days prior to any scheduled hearing or trial date, except for good cause shown as determined by the Court.
Page 3 | LR84-TR3.1-1 Appearance and Withdrawal of Appearance
A motion for enlargement under this rule must be filed no later than the original due date.
The motion must be filed on or before the original due date
Page 4 | LR84-TR7-4 Motion Practice
Each party must file and serve a preliminary witness and exhibit list on all other parties within 30 days after entry of the initial pre-trial order.
The Court ORDERS each party to file and serve on all other parties a preliminary witness and exhibit list no later than thirty (30) days after entry of this Order.
Page 6 | LR84-TR16-5 Pre-Trial Procedure
The parties must file a pre-trial report, jointly or separately, within 120 days after entry of the initial pre-trial order.
The Court ORDERS the parties to file, either jointly or separately, a pre-trial report no later than one hundred twenty (120) days after entry of this Order.
Page 6 | LR84-TR16-5 Pre-Trial Procedure
Proposed instructions that are not Indiana Pattern Jury Instructions, and all 1.03 Issue instructions, must be submitted to the Court and exchanged with opposing counsel at least five days before trial.
Any proposed instruction that is not an Indiana Pattern Jury Instruction and all 1.03 Issue instructions shall be submitted to the Court and exchanged with opposing counsel not later than five (5) days prior to trial.
Page 9 | LR84-TR51-13 Jury Instructions
If the stated conditions are met, the Court must order a nonresponding party to respond no sooner than 10 days after entry of the order, but may shorten or extend that period upon written request and good cause.
The Court shall, if it finds that the party to whom the interrogatories or request were directed has not responded within the time allowed, and that the moving party has complied with Trial Rule 26(F) and this section, 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. The Court may, upon written request and for good cause shown, shorten or extend such time as it deems appropriate.
Page 9 | LR84-TR37-11 Motions to Compel Discovery
All requests for instructions submitted in accordance with Trial Rule 51 shall be submitted to the Court and exchanged with opposing counsel not later than the beginning of trial.
All requests for instructions submitted in accordance with Trial Rule 51 shall be submitted to the Court and exchanged with opposing counsel not later than the beginning of trial.
Page 9 | LR84-TR51-13 Jury Instructions
A motion to reconsider must be filed within 15 days of the ruling.
A motion to reconsider must be filed within fifteen (15) days of the ruling.
Page 10 | LR84-TR53.4-14 Motion to Reconsider Rulings
The written semi-annual report is due no more than ten days after the end of the first and third quarters of each calendar year.
The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.
Page 11 | LR84-TR79-18 Local Reassignment Rules
The course and written commitments must be completed, and the commitments filed, before the Final Hearing.
The course must be completed, and written commitments must be completed and filed prior to the Final Hearing.
Page 13 | LR84-FL00-1 Dissolution of Marriage with Minor Children
Subject to constitutional limitations, the defense must disclose the specified material within its possession or control within 30 days after the State provides the required information.
Subject to Constitutional limitations, the defense shall disclose to the State the following material and information within its possession or control on or before thirty (30) days following the date that the State has provided to the defense the information required under this rule:
Page 17
In a supervised estate, the personal representative must file an inventory conforming to I.C. 29-1-12-1 within two months of appointment.
1. In all supervised estates, the personal representative shall file an inventory conforming to the requirements of I.C. 29-1-12-1 within two (2) months of appointment.
Page 20 | LR84-PR00-3 Inventory in Estates
Within two months of appointment in an unsupervised estate, the Personal Representative must file either a conforming inventory or a verified certification that a conforming inventory is prepared and available to distributees on request.
2. In all unsupervised estates, the Personal Representative shall, within two (2) months of appointment, either: (1) file an inventory conforming with the requirements of I.C. 29-1-7.5-3.2(b), or (2) file a verified certification that an inventory conforming with the requirements of I.C. 29-1-7.5-3.2 has been prepared and is available to be furnished to distributees on request.
Page 20 | LR84-PR00-3 Inventory in Estates
A motion to reinstate must be filed within six months of dismissal to be granted; a later motion will be denied, though a new case may be filed.
Motions to reinstate a case dismissed pursuant to this section shall be granted if filed within six months of the dismissal. Motions filed after six months shall be denied, and a new case may be filed.
Page 26 | Dismissal of Actions
After full payment, the judgment creditor must file a release of judgment within 30 days after the clerk issues notice; if not, the clerk must enter the satisfaction and release.
Upon payment in full, including accrued interest, the clerk shall notify the judgment creditor and shall require him or her to file a release of judgment. If the judgment creditor fails to file a release within thirty (30) days of the issuance of the notice, the clerk shall enter on the Chronological Case Summary that the judgment has been satisfied, the plaintiff has failed to release judgment pursuant to court directive, and the clerk shall enter a release of judgment in the judgment docket.
Page 27 | Release of Judgment
Absent a Court order for good cause shown, proceedings supplemental may remain pending no more than six months from filing and are dismissed without prejudice at that point.
Except by order of the Court for good cause shown, no proceedings supplemental may pend for more than six (6) months from the date of its filing and no judgment creditor may file more than four (4) proceedings supplemental per year against any individual judgment debtor in a given cause. At the end of the six (6) month period, any pending proceedings supplemental shall be dismissed without prejudice.
Page 28 | Proceeding Supplemental — One-Year Rule
A motion for proceedings supplemental may not be filed until 30 calendar days after judgment unless the Court orders otherwise for good cause shown.
A motion for proceedings supplemental may not be filed until thirty (30) calendar days have elapsed since the date of judgment, except by order of the Court for good cause shown.
Page 28 | Proceeding Supplemental — Thirty-Day Rule
A judgment creditor may file no more than four proceedings supplemental per year against an individual judgment debtor in a given cause unless the Court orders otherwise for good cause shown.
Except by order of the Court for good cause shown, no proceedings supplemental may pend for more than six (6) months from the date of its filing and no judgment creditor may file more than four (4) proceedings supplemental per year against any individual judgment debtor in a given cause.
Page 28 | Proceeding Supplemental — One-Year Rule
Receiving a bankruptcy stay order triggers the party’s duty to file notice of the order with the Court.
Whenever any party receives an order from a Bankruptcy Court staying proceedings, that party shall file a notice of such order with the Court.
Page 29 | LR84-SC00-15 Bankruptcy
When another employee must appear in court, the resolution and affidavit must be filed with the Clerk before the court date.
If circumstances dictate that another employee must make the court appearance, a resolution and affidavit must be filed with the Clerk before the court date and a copy made available to the Court.
Page 30 | LR84-SC08-16 Representation at Trial-Attorneys
Motion-briefing deadlines are computed under Rule 6 of the Indiana Rules of Trial Procedure.
Time shall be computed as provided in Rule 6, Indiana Rules of Trial Procedure.
Page 5 | 4. Briefs and Memoranda Regarding Motions
A Senior Judge who elects to participate in special judge selection must submit the written petition by January 15 of that calendar year.
A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year indicating that the Senior Judge wishes to participate during the year.
Page 12 | LR84-TR79-18 Local Reassignment Rules
A plaintiff may dismiss a claim any time before judgment, unless a defendant has filed a counterclaim.
Any claim may be dismissed by the plaintiff at any time before judgment has been entered unless a counterclaim has been filed by a defendant.
Page 25 | Dismissal of Actions
Facsimile transmissions by a party or the Court are treated as mailed when computing time under T.R. 6(E).
All Facsimile Transmissions, by a party or the Court, shall be considered as being mailed for purposes of computing time under T.R. 6(E).
Page 39 | LR84-AR12-5 Filing By Facsimile Transmission
Service and Proof of Service Rules
The oral-argument request must be timely served with the applicable brief.
A request for oral argument on a motion shall be by separate instrument and timely served and filed with the brief, answer brief, or reply brief, except as otherwise provided.
Page 4 | LR84-TR7-4 Motion Practice
When a motion requires notice, serving a copy of the motion on the other parties constitutes notice of filing it.
When a motion requires notice, the serving of the copy of the motion upon the other parties in the cause shall constitute notice filing same.
Page 4 | LR84-TR7-4 Motion Practice
A copy of each supporting brief or memorandum must be promptly served on the opposing party.
Any brief or memorandum in support of any motions shall accompany or be filed simultaneously with the motion, and a copy shall be promptly served upon the opposing party.
Page 5 | 4. Briefs and Memoranda Regarding Motions
Each party must serve the preliminary witness and exhibit list on all other parties.
The Court ORDERS each party to file and serve on all other parties a preliminary witness and exhibit list no later than thirty (30) days after entry of this Order.
Page 6 | LR84-TR16-5 Pre-Trial Procedure
All requests for instructions submitted in accordance with Trial Rule 51 shall be submitted to the Court and exchanged with opposing counsel not later than the beginning of trial.
All requests for instructions submitted in accordance with Trial Rule 51 shall be submitted to the Court and exchanged with opposing counsel not later than the beginning of trial.
Page 9 | LR84-TR51-13 Jury Instructions
Non-Indiana-Pattern proposed instructions and all 1.03 Issue instructions must be exchanged with opposing counsel at least five days before trial.
Any proposed instruction that is not an Indiana Pattern Jury Instruction and all 1.03 Issue instructions shall be submitted to the Court and exchanged with opposing counsel not later than five (5) days prior to trial.
Page 9 | LR84-TR51-13 Jury Instructions
A motion to reconsider any motion ruling must be in writing and personally served on the Judge who issued the ruling.
A motion to reconsider a ruling of the Court on any motion must be in writing and must be served personally upon the ruling Judge.
Page 10 | LR84-TR53.4-14 Motion to Reconsider Rulings
The Sheriff must serve the respondent a copy of the rule when serving the petition and make a return of service.
The Sheriff of Vigo County shall serve a copy of this rule on the respondent when the petition is served and shall make due return thereon.
Page 13 | LR84-FL00-1 Dissolution of Marriage with Minor Children
The Clerk must provide the petitioner a copy of the rule when the dissolution petition is filed.
The Clerk shall provide a copy of this rule to petitioner at the time of filing a petition for dissolution of marriage.
Page 13 | LR84-FL00-1 Dissolution of Marriage with Minor Children
The landlord may remove and store abandoned tenant property but must immediately notify the tenant by first-class mail, retain a copy, and include the specified storage and contact information.
B. immediately notify the tenant by first class mail to tenant’s last known address, with a copy retained by the landlord, that the property is stored, that the storage charges (if any, but not to exceed $3.00 per day) are accruing, and that the property is available to tenant upon reasonable notice to landlord at a reasonable time until the date of the hearing on damages. The notice shall also contain the landlord’s telephone number, and an address at which and a reasonable time during which the landlord can be contacted.
Page 27 | Disposition of Tenant’s Remaining Personal Property
A garnishment order requires an active proceeding supplemental or waiver of notice, service on the garnishee-defendant by one of the listed methods, and the specified interrogatory response or employment verification.
2. Requirements of Garnishment Order to Issue. A garnishment order shall not be issued with respect to a judgment debtor’s wage or other property without: A. an active proceeding supplemental as to the judgment debtor or waiver of notice by the judgment debtor, and B. service on the garnishee-defendant by: C. certified mail, or refusal thereof, or D. Sheriff’s service, or E. private process service; and F. return of answered interrogatories, other verification of employment by garnishee- defendant, or failure to answer interrogatories after notice.
Page 29 | LR84-SC00-14 Garnishment
The judgment creditor must forward a copy of the garnishment-release order to the garnishee-defendant(s).
Upon receipt by the judgment creditor or by the Clerk on the judgment creditor’s behalf of monies sufficient to fully satisfy the judgment, any accrued interest and costs, the judgment creditor shall immediately obtain a court order releasing the applicable garnishment order and shall forward a copy to garnishee-defendant(s).
Page 29 | LR84-SC00-14 Garnishment
Filing Fees and Waivers
After a finding of ability to pay reasonable representation costs, the court must require the person or, if delinquent, the person’s parent to pay attorney fees capped at the amounts listed for the offense level.
If at any stage of prosecution for a felony or misdemeanor, the court makes a finding of ability to pay the costs of reasonable representation, the court shall require payment by the person or the person’s parent, if delinquent, of the following attorney fees in addition to other costs assessed against the person: A. For a Murder or Level 1 felony action, a fee not to exceed sixteen hundred dollars ($1,600.00) B. For a Level 2 felony action, a fee not to exceed one thousand four hundred dollars ($1,400.00) C. For a Level 3 felony action, a fee not to exceed one thousand two hundred dollars ($1,200.00) D. For a Level 4 felony action, a fee not to exceed one thousand dollars ($1000.00) E. For a Level 5 felony action, a fee not to exceed eight hundred dollars ($800.00) F. For a Level 6 felony action, a fee not to exceed six hundred dollars ($600.00) G. For all misdemeanor actions, a fee not to exceed four hundred dollars ($400.00)
Page 15 | LR84-CR00-3 Public Defender Fee
If the Court finds the public defender client able to pay part of assigned counsel’s representation cost, it must order a $200 fee for a felony action or a $100 fee for a misdemeanor action.
If the Court finds that the public defender client is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following: A. For a felony action, a fee of two hundred dollars ($200.00). B. For a misdemeanor action, a fee of one hundred dollars ($100.00).
Page 15 | LR84-CR00-3 Public Defender Fee
The Court will order the Clerk’s Office to withhold the reasonable attorney fee assessed by the Court from the public defender client’s remaining bond deposit.
The Court will order the Clerk’s Office to withhold the reasonable attorney fee assessed by the Court from the public defender client’s remaining bond deposit.
Page 16 | LR84-CR00-3 Public Defender Fee
The proper costs determined by the Clerk must be tendered with documents submitted for filing.
Parties or their attorneys are solely responsible for tendering to the Court in complete and correct form any documents desired to be filed, together with proper costs, as determined by the Clerk.
Page 24 | LR84-SC00-2 General Procedures
A defendant moving a counterclaim outside the Small Claims Division's subject matter jurisdiction to the plenary docket must pay the required fee.
A defendant who has a counterclaim outside the subject matter jurisdiction of the Small Claims Division must file a motion to move the case to the plenary docket and pay the required fee.
Page 25 | Counterclaims outside Small Claims Jurisdiction
A defendant seeking to move an excess monetary counterclaim to the plenary docket must pay the required fee.
A defendant who has a counterclaim in excess of the monetary jurisdiction of the Small Claims Division and who does not wish to waive the excess of the claim must file a motion to move the case to the plenary docket and pay the required fee.
Page 25 | Counterclaims outside Small Claims Jurisdiction
Court reporters may not charge a per-page rate while typing at their job.
They may not charge a per-page rate while typing at their job.
Page 41 | Salaries and Per Page Fees
Court reporters may charge for transcripts only when the transcripts are prepared off the clock.
Court reporters may only charge for transcripts prepared while off the clock.
Page 41 | Salaries and Per Page Fees
A court reporter must submit claims for county indigent transcripts directly to the county.
the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
Page 41 | Salaries and Per Page Fees
Drug Court cases transferred to another Indiana County are assessed a $25 transfer fee and a $100 administration fee, payable at transfer.
2. Drug Court cases accepted into the Vigo County Drug Court Program but transferred to another Indiana County are assessed a $25.00 transfer fee and a $100.00 administration fee. Fees are payable at the time of transfer.
Page 43
Defendants accepted from another Indiana County are assessed $50 per month while monitored by the Vigo County Drug Court program.
Defendants are assessed a fee of $50.00 per month for the duration of the time they remain under monitoring by the Vigo County Drug Court program.
Page 43
Veterans Court participants are assessed a $100 administration fee regardless of participation length.
A. Defendants enrolled in Veterans Court are assessed a one-hundred-dollar ($100.00) problem-solving court administration fee regardless of length of participation.
Page 43
Veterans Court participants are assessed a $50 monthly services fee beginning in their second month of participation.
B. Defendants enrolled in Veterans Court are assessed a monthly problem-solving court services fee, commencing the second month of participation, of fifty dollars ($50.00) per month for each month of participation in the Veterans Court program.
Page 43
An 18-month deferral carries a $50 monthly fee beginning in month two, with total fees capped at $950 including the $100 administration fee.
iii. For an 18-month deferral, the fee is $50.00 per month beginning the second month of participation. The total fee for 18 months will not exceed $950.00, including the administration fee of $100.00 in 1(D).
Page 43
Cases accepted into the Vigo County Drug Court Program from another Indiana County are assessed a $25 transfer fee.
3. Cases accepted into the Vigo County Drug Court Program from another Indiana County are assessed a $25.00 transfer fee.
Page 43
C. Cases accepted and transferred into Vigo County Veterans Court from another Indiana County are assessed a twenty-five-dollar ($25.00) transfer fee and a one hundred dollar ($100.00) problem-solving court administration fee. These fees are payable at the time of transfer.
C. Cases accepted and transferred into Vigo County Veterans Court from another Indiana County are assessed a twenty-five-dollar ($25.00) transfer fee and a one hundred dollar ($100.00) problem-solving court administration fee. These fees are payable at the time of transfer.
Page 43
Fees must be paid in monthly increments of at least $50, exclusive of chemical testing fees.
B. Fees are payable in no less than $50.00 per month increments and are exclusive of chemical testing fees.
Page 43
Transferred-in Veterans Court cases are also assessed the monthly problem-solving court services fee stated above.
The monthly problem-solving court services fee above will also be assessed.
Page 43
A court reporter may charge no more than $5.00 per page for a county or state indigent transcript.
The maximum per page fee a court reporter may charge for the preparation of a county or state indigent transcript shall be $5.00 per page;
Page 41 | Salaries and Per Page Fees
A court reporter may charge an hourly rate based on annual court compensation for specified transcript-compilation work performed outside the job during normal office hours.
A court reporter may charge their hourly rate, based upon the court reporter’s annual court compensation, for compiling, indexing exhibits, and compiling a table of contents while not working at the job during normal office hours.
Page 41 | Salaries and Per Page Fees
The minimum transcript fee is $35.00.
That a minimum transcript fee shall be $35.00.
Page 41 | Salaries and Per Page Fees
The maximum fee for an expedited transcript due within 24 hours is $7.50 per page.
If a court reporter is requested to prepare an expedited transcript, the maximum page fee shall be $7.50 when the transcript must be prepared within twenty-four (24) hours or less;
Page 41 | Salaries and Per Page Fees
The maximum fee for an expedited transcript due within three working days is $6.00 per page.
$6.00 when the transcript must be prepared within three (3) working days.
Page 41 | Salaries and Per Page Fees
A court reporter may charge no more than $5.00 per page for a private regular transcript.
The maximum per page a court reporter may charge for the preparation of a private transcript shall be $5.00 per page for a private regular transcript.
Page 41 | Salaries and Per Page Fees
The total fee for a 36-month Drug Court deferral may not exceed $1,850.00, including the $100.00 administration fee.
The total fee for 36 months will not exceed $1,850.00, including the administration fee of $100.00 in 1(D).
Page 42 | LR84-AR00-8 Problem-Solving Court Fees
The total fee for a 24-month Drug Court deferral may not exceed $1,250.00, including the $100.00 administration fee.
The total fee for 24 months will not exceed $1,250.00, including the administration fee of $100.00 in 1(D).
Page 42 | LR84-AR00-8 Problem-Solving Court Fees
For a 36-month Drug Court deferral, the fee is $50.00 per month starting in the second month of participation.
For a 36-month deferral, the fee is $50.00 per month beginning the second month of participation.
Page 42 | LR84-AR00-8 Problem-Solving Court Fees
For a 24-month Drug Court deferral, the fee is $50.00 per month starting in the second month of participation.
For a 24-month deferral, the fee is $50.00 per month beginning the second month of participation.
Page 42 | LR84-AR00-8 Problem-Solving Court Fees
D. An administration fee of $100.00 may be assessed regardless of the length of participation in the Drug Court Program.
D. An administration fee of $100.00 may be assessed regardless of the length of participation in the Drug Court Program.
Page 43
D. In addition to the above fees, defendants enrolled in Veterans Court may be required to pay for all court-ordered drug screens.
D. In addition to the above fees, defendants enrolled in Veterans Court may be required to pay for all court-ordered drug screens.
Page 43
Fees may be prorated for participants who leave the program early, measured against the Judgment of Conviction date.
C. Fees may be prorated for those who leave the program early, as measured against the Judgment of Conviction date
Page 43
For qualifying discharged bonds, the Clerk must retain the specified administrative fee, at least $10 in bond costs, and court-ordered amounts and the required $5 fee from the deposit.
When the conditions of the bond, as provided in Paragraph (3.), have been performed and an order is entered discharging the bond, if the bond has been posted under (3.)(D.),the Clerk shall retain ten percent (10%) of the amount deposited or fifty dollars ($50), whichever is the lesser amount, as an administrative fee, which money shall be paid into the General Fund of the County. The amount retained by the Clerk as bond costs shall be not less than Ten Dollars ($10.00). The Clerk shall also retain from the deposit such fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation as ordered by the court, and the five-dollar ($5) fee required by I.C.35-33-8-3.2(d).
Page 15
Individuals ordered to enroll in the Vigo County Court Alcohol and Drug Program may be charged up to $400.00 for program services.
All individuals ordered to enroll in the Vigo County Court Alcohol and Drug Program may be charged up to a maximum of $400.00 for program services, pursuant to Indiana Code 12-23-14-16.
Page 42 | LR84-AR00-7 Court Alcohol and Drug Program Fees
Sealing & Redaction Procedures
Search warrants must remain confidential until duly executed service is returned.
All search warrants shall be confidential prior to the return of duly executed service.
Page 39 | LR84-AR09-3 Confidentiality of Court Records
Arrest warrants for criminal offenses must remain confidential until duly executed service is returned, unless the State applies in a particular case for an order lifting confidentiality to facilitate peaceful surrender.
All arrest warrants for criminal offenses shall be confidential prior to return of duly executed service, unless in a particular case, the State applies for an Order lifting confidentiality in order to facilitate the peaceful surrender of the person for whom the arrest warrant was issued.
Page 39 | LR84-AR09-3 Confidentiality of Court Records
Indictments must remain confidential until duly executed service is returned.
All indictments shall be confidential prior to the return of duly executed service.
Page 39 | LR84-AR09-3 Confidentiality of Court Records
An information is confidential before duly executed service only if filed after or contemporaneously with issuance of an arrest warrant following a probable-cause finding.
Only those informations filed after, or contemporaneously with, the issuance of an arrest warrant after a finding of probable cause shall be confidential prior to duly executed service.
Page 39 | LR84-AR09-3 Confidentiality of Court Records
Filing Bundling Requirements
Motions must be filed separately, but alternative motions filed together must each be named in the caption.
Each motion shall be separate; alternative motions filed together shall each be named in the caption on the face.
Page 4 | LR84-TR7-4 Motion Practice
A supporting brief or memorandum must accompany or be filed simultaneously with its motion.
Any brief or memorandum in support of any motions shall accompany or be filed simultaneously with the motion
Page 5 | 4. Briefs and Memoranda Regarding Motions
Pre-Motion Conference Requirements
An opposing brief is due within 30 days after service of the movant’s brief, and a reply is due within 7 days after service of the response.
If the opposing party desires to file a brief or memorandum, that party must do so within thirty (30) 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 seven (7) days of service of the response, brief, or memorandum.
Page 5 | 4. Briefs and Memoranda Regarding Motions
Before the Court will rule on a covered discovery motion, moving counsel must consult personally and sincerely attempt resolution, then advise the Court in writing that no accord was reached and state the conference date, time, place, and participants; counsel may also report a refusal or delay in meeting.
To curtail undue delay in the administration of justice, this Court shall refuse to rule on any and all motions for discovery and production of documents under T.R. 26 through T.R. 37, unless moving counsel shall first advise the Court in writing that, after personal consultation and sincere attempts to resolve differences, they are unable to reach an accord. This statement shall recite, in addition, the date, time, and place of such conference, and the names of all parties participating therein. If counsel for any party advises the Court in writing that opposing counsel has refused or delayed meeting and discussion of the problems covered in this subsection, the Court may take such actions as are appropriate to avoid delay.
Page 9 | LR84-TR37-11 Motions to Compel Discovery
A motion may be summarily ruled on if an opposing answer brief is not filed by the deadline.
Failure to file an answer brief in opposition to a motion within the time prescribed shall subject the motion to summary ruling.
Page 5 | 4. Briefs and Memoranda Regarding Motions
Adjournment & Extension Requirements
For an initial extension of up to thirty days to file a responsive pleading or respond to a written discovery request, the requesting party must contact opposing counsel and solicit agreement.
In every civil action pending in this Court in which a party wishes to obtain an initial enlargement of time not exceeding thirty (30) days within which to file a responsive pleading or a response to a written request for discovery, the party shall contact counsel for the opposing party and solicit opposing counsel’s agreement to the extension.
Page 4 | LR84-TR6-3 Initial Enlargements of Time
An initial written motion under T.R.6(B)(1) to respond to a claim is automatically allowed an additional thirty days from the original due date without 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 without a written order of the Court.
Page 4 | LR84-TR7-4 Motion Practice
Extensions of time shall be granted only by order of the assigned or presiding Judge for good cause shown.
Extensions of time shall be granted only by order of the assigned or presiding Judge for good cause shown.
Page 5 | 4. Briefs and Memoranda Regarding Motions
A continuance motion must be filed as soon as possible after discovery of the reason and no later than 14 days before trial, unless an affidavit shows that the reason arose within that 14-day period.
Motions for Continuance must be filed as soon after the cause for continuance or delay is discovered by the party seeking the continuance, and no later than fourteen (14) days before the date assigned for trial, unless the reason therefore is shown by affidavit to have occurred within the fourteen (14) day period.
Page 10 | LR84-TR53.5-15 Motions for Continuance
A continuance motion must state whether opposing counsel objects and whether the moving party previously requested continuances.
A motion for continuance shall state whether opposing counsel objects to the motion and whether prior continuances have been requested by the moving party.
Page 10 | LR84-TR53.5-15 Motions for Continuance
A request to postpone a civil trial because evidence is absent must be supported by an affidavit establishing the evidence’s materiality, diligence in seeking it, its location, and—if a witness is absent—the witness and availability details and that the absence was not procured by the party; it must also state the facts believed true and why no equally available witness can prove them.
A motion to postpone a civil trial based on the absence of evidence can be made only upon affidavit showing: the materiality of the evidence expected to be obtained; that due diligence has been used to obtain it; where the evidence may be; and, if it is for an absent witness, the affidavit must show the name and residence of the witness, if known, and the probability of procuring the testimony within a reasonable time, and that his/her absence has not been procured by the act or connivance of the party, nor by others at the party’s request, nor with his/her knowledge or consent; and what facts the party believes to be true, and that he/she is unable to prove such facts by any other witness whose testimony can be as readily procured.
Page 10 | LR84-TR53.5-15 Motions for Continuance
The trial must not be postponed if the adverse party stipulates to the content of the evidence that would have come from the absent document or witness.
If the adverse party stipulates to the content of the evidence that would have been elicited at trial from the absent document or witness, the trial shall not be postponed.
Page 10 | LR84-TR53.5-15 Motions for Continuance
Filing a dispositive motion is not good cause for a trial continuance when the motion cannot be resolved before trial under its applicable timing requirements.
4. Dispositive Motions. The filing of a dispositive motion shall not constitute good cause for a Motion for Continuance of a trial if the time requirements governing such motion will not allow for the resolution of the motion prior to the date of trial.
Page 11 | LR84-TR55-15
A continuance of a proceedings supplemental hearing may be granted only by agreement of the parties or for good cause approved by the judge.
No motion for continuance of a proceedings supplemental hearing will be granted, except by agreement of the parties, or for good cause approved by the judge.
Page 25 | Continuances
A defendant in an action involving possession of real estate or personal property may receive a continuance only for good cause approved by a judge.
No continuances will be granted to a defendant where the action involves the issue of possession of real estate or personal property, except for good cause approved by a judge.
Page 25 | Continuances
A party generally may receive no more than one continuance, and every continuance requires specific court approval.
Except in unusual circumstances, no party shall be allowed more than one (1) continuance in any case, and all continuances must have the specific approval of the court.
Page 25 | Continuances
Either party may receive a continuance if good cause is shown.
Either party may be granted a continuance for good cause shown.
Page 25 | Continuances
Discovery may be extended for good cause before the deadline; requests must state their reasons, and stipulations require Court approval.
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 8 | LR84-TR26-7 Discovery in General
On a verified motion, the Court may continue a civil action in its discretion and may award other parties their actual expenses caused by the delay.
Upon verified motion, civil actions may be postponed or continued in the discretion of the Court. The Court may award such costs as reimburse the other parties for their actual expenses incurred from the delay.
Page 10 | LR84-TR53.5-15 Motions for Continuance
Continuance motions are discouraged, and neither side has an automatic right to a continuance.
Motions for Continuance are discouraged. Neither side is entitled to an automatic continuance as a matter of right.
Page 10 | LR84-TR53.5-15 Motions for Continuance
The court must notify all parties of the continuance and the new trial date and time.
The court shall give notice of the continuance and the new date and time of trial to all parties.
Page 25 | Continuances
Continuances must be as short as possible, and, where feasible, the nonrequesting party must be considered when scheduling the new hearing date.
Continuances shall be for as short a period as possible, and where feasible, the party not requesting the continuance shall be considered in scheduling a new hearing date.
Page 25 | Continuances
Once the stated initial-extension procedure is followed, no further court filing or court action is required for the extension.
No further filings with the Court nor action by the Court shall be required for extension.
Page 4 | LR84-TR6-3 Initial Enlargements of Time
After such a stipulation, either party may contest the stipulated evidence as fully as if the absent document or witness were available at trial.
In the event of a stipulation, the parties shall have the right to contest the stipulated evidence to the same extent as if the absent document or witness were available at trial.
Page 10 | LR84-TR53.5-15 Motions for Continuance
Chambers Communication Rules
The parties must immediately notify the Court of any reasonably anticipated settlement.
The parties shall immediately notify the Court of any reasonably anticipated settlement of a case.
Page 9 | LR84-TR40-12 Trials
Call the civil court reporter to obtain the hearing date before filing.
Please call the civil court reporter for the hearing date prior to filing.
Page 28 | Proceeding Supplemental — Copies of Motion and Order