Wayne County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Where the Court has authority to extend time, it must automatically grant one 45-day extension if a written petition is filed by the otherwise applicable deadline.
- Continuance and enlargement motions must be written and state opposing counsel’s position and the history and outcome of prior requests; the Court may require the requesting party to sign the motion.
- The first request to enlarge the time to file a responsive pleading to a complaint must be granted summarily for up to 45 days; additional time or a later request is discretionary.
- +5 more
Request must include
Page & Word Limits1 rule
In no cases shall a proposed juror questionnaire be in excess of a single two-side typed 81/2” x 11” page without leave of Court.
- Proposed juror questionnaire
- Up to 1 page
Exception
More pages with leave of court
Document Format Requirements7 rules
In no cases shall a proposed juror questionnaire be in excess of a single two-side typed 81/2” x 11” page without leave of Court.
- Paper size
- Letter
- Proposed juror questionnaire
Formatting
- •Typed
- •Two-sided
In addition, the defendant’s Social Security number shall be provided on green paper pursuant to Administrative Rule 9.
In all family law cases, trial exhibits for the originally initiating party shall be marked as numbers and trial exhibits for the originally responding party shall be marked as letters.
8.8 All accountings shall follow the prescribed statutory format. Informal, handwritten or transactional accountings will not be accepted.
- Accounting
Formatting
- •Follow the prescribed statutory format
All pleadings, Motions, briefs, and other papers shall be prepared in accordance with the provisions of the Indiana Rules of Trial Procedure.
Interrogatories shall be tailored specifically to the cause in which they are served and be numbered consecutively to facilitate response.
- Interrogatories
Formatting
- •Interrogatories must be numbered consecutively to facilitate response
When ordered sealed, the Court Reporter shall place the Financial Declaration Form(s) in a flat manner in an envelope of sufficient size, seal the envelope, and affix a copy of the Order directing that the Financial Declaration Form(s) be placed under seal.
Document Filing Requirements137 rules
All withdrawals of Appearance shall be in writing and by leave of Court.
Further, all motions or petitioners for withdrawal shall be compliant with the appropriate and applicable Indiana Rule(s) of Trial Procedure.
A certificate of forwarding the copies to the Special Judge must be made part of each subsequent filing.
Court's wording
When a Special Judge who is not a Wayne County Judge is selected and qualifies in a case, copies of all filings subsequent to the qualification of such Special Judge shall be delivered in person, by mail, or by email to the office of the Special Judge with certificate of forwarding same made a part of the filing.
A Trial Rule 5 certificate of service must identify each attorney, party, or representative served and provide their address, including email address.
Court's wording
The Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial Procedure shall specifically set forth the names and addresses, including email addresses, of the attorney(s), party(ies), or representative(s) to whom the document has been sent.
All motions seeking an order of the Court shall be accompanied by a sufficient number of proposed Orders to be executed by the Court in granting the motion.
- Document
- Motion
Must include
- •Proposed order
The title of each continuance or enlargement motion must identify whether it is the first, second, third, or later such motion.
Court's wording
All motions for continuance or enlargement of time shall denominate in the title of such motion whether it is the first, second, third, etc., motion for continuance or enlargement of time; e.g., Defendant’s Second Motion for Enlargement of Time to File Answer.
Proposed Orders submitted to the Court shall contain a complete distribution list attorneys and self-represented litigants with full addresses, including email addresses.
Proposed Orders continuing a matter or granting an enlargement of time shall not set forth the new date but shall leave the date blank for the Court to complete. Proposed Orders shall also leave the date blank for the Court’s approval of the Order.
Answers or objections to interrogatories under TR 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection.
Upon the proper filing of a motion for default judgment pursuant to Trial Rule 55, the Court may enter default and may either: 1) enter default judgment in the amount requested if supported by proper accompanying pleadings (Affidavit of Indebtedness, etc.); or 2) set the matter for damages hearing.
Leave of Court may be granted allowing for the service of more than thirty (30) Request for Admissions provided the moving party fully complies with TR 26(F), and files a motion setting forth the proposed additional Requests and why they are necessary.
1. Jury Trials. In those cases where a jury has been requested, an Agreed Case Management Order is required and hearings will be scheduled consistent with LR89- TR- 011.
Pretrial statements must address all matters important to trial and include the specified topics in separate numbered paragraphs, including exhibits and a numbered witness list with addresses and designated expert witnesses.
Court's wording
At least forty-eight (48) hours prior to both the preliminary and final pretrial conferences, counsel for each party shall file pretrial statements which shall include all matters deemed important to the trial of the cause, but must include all information set forth in Paragraph “C” below. C. Form of Pretrial Statement The pretrial statement shall contain the following statements in separate numbered Paragraphs as follows: 1. JURISDICTION. Setting forth the basis of jurisdiction. 2. STATUS OF RECORD. Setting forth the pleadings raising the issues. 3. PENDING MOTIONS AND OUTSTANDING DISCOVERY. Setting forth the motions or other matters requiring action by the Court, and a concise statement as to the status of discovery. 4. STATEMENT OF POSITION. Setting forth a concise statement as to each party’s position. 5. STIPULATIONS. Setting forth a concise statement of stipulated facts. 6. ISSUES OF FACT. Setting forth a statement of the issues of fact which remain to be litigated at trial. 7. ISSUES OF LAW. Setting forth a concise statement of the issues of law on which there is agreement and which remain to be litigated at trial. 8. EXHIBITS. Setting forth each exhibit which shall be presented at trial. 9. AMENDMENTS TO PLEADINGS. Setting forth a concise statement as to whether or not there are any amendments to the pleadings. 10. PROBABLE SETTLEMENT. Setting forth a concise statement as to settlement negotiations and the likelihood of settlement. 11. PROBABLE TRIAL TIME. Setting forth a concise statement as to the anticipated length of trial. 12. LIST OF WITNESSES. Setting forth a numbered list of trial witnesses which shall include each witness’s address. Expert witnesses shall be so designated.
Following the pretrial conference, a pretrial order shall be entered in compliance with Rule 16 of the Indiana Rules of Trial Procedure.
The parties' Agreed Case Management Plan must set out the listed mediation, discovery, amendment, motion, trial, and witness-and-exhibit scheduling information.
Court's wording
Within ten (10) days after meeting but, in any event, within one hundred eighty (180) days of filing the Complaint, the parties to the action shall file an Agreed Case Management Plan setting forth: 1. The likelihood of mediation and settlement; 2. A detailed schedule of discovery for each party, including an agreed upon date by which discovery shall be completed and finalized; 3. A limitation on the time to join additional parties and to amend the pleadings; 4. A limitation on the time to file all pretrial motions, excluding motions in limine; 5. A preliminary estimate of the time required for trial; 6. The date by which the parties reasonably anticipate the case will be ready for trial; 7. A date by which mediation shall be completed; and, 8. A date by which preliminary witness and exhibit lists shall be exchanged and filed, including the date by which expert and/or skilled witnesses shall be disclosed if different from the date by which other witnesses must be disclosed.
Written objections shall be numbered and shall specify distinctly and with clarity the objectionable matter to the Motion in Limine. Each objection shall be accompanied by citations of authority.
Counsel shall file an agreed upon fact Instruction so that it is actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.
In jury cases, parties must use the Court's Juror Questionnaire Form unless all parties consent to a proposed questionnaire tendered jointly; any proposed questionnaire remains subject to Court approval.
Court's wording
In all cases to be tried to a jury, the Juror Questionnaire Form utilized by the Court shall be used unless all parties consent to a proposed juror questionnaire which shall be tendered jointly and shall actually be received by the Court at least fifteen (15) days prior trial, or longer as the Court may order. Any such proposed questionnaire remains subject to approval of the Court.
Each proposed instruction shall be accompanied by citations of authority.
Written objections shall be numbered and shall specify distinctly and with clarity the objectionable matter in the proposed instruction. Each objection shall be accompanied by citations of authority.
Objections to any Motions in Limine shall be submitted to the Court in writing and shall be filed so that they are actually received by the Court at least seven (7) days prior to trial.
Attorneys requesting fees in civil cases must submit a verified affidavit containing the specified supporting facts, service and time details, expected future time, customary hourly fee, and other relevant facts.
Court's wording
At the appropriate time in the proceeding, attorneys shall submit a Verified Affidavit in support of the request for attorneys fees setting forth: facts in support of such request; a detailed list of the services and time expended on the matter to date; the amount of time expected to be expended in the future through to completion, including collection; the attorney’s customary and usual hourly fee; and all other relevant facts in support of the request.
In instances where additional fees are requested, the attorney shall file a Verified Petition/Affidavit which details the services and times expended thereon and including those matters referred to in Rule 1.5 of the Rules of Professional Conduct.
In addition to that information required by TR3.1, each person seeking any relief regarding property sold at a tax sale shall provide the following information as to the subject parcel of real estate: 1. Parcel number; 2. Tax sale certificate number; and 3. Street address and brief legal description of the parcel’s location.
In instances where additional fees are requested, the attorney shall file a Verified Petition/Affidavit which details the services and times expended thereon, and includes those matters referred to in Rule 1.5 of the Rules of Professional Conduct.
Once the parties are notified of the TP case number as required above, both the TS and TP case numbers shall be included in the caption of all pleadings and documents filed regarding a particular parcel.
- Document
- Pleadings and documents
- Placement
- Caption
Must include
- •Case number
A Petition for Tax Deed shall be accompanied by a copy of the Title Search required above.
Before release under the 48-hour rule or upon posting bail, the person must complete a verified promise to appear on a court-approved form containing the specified identifying information and appearance promise.
Court's wording
Prior to release of a person pursuant to the forty-eight (48) hour rule or upon posting bail, the person must complete a verified promise to appear, on a form approved by the Courts, indicating his or her full name, date of birth, address, place of employment, home and work telephone numbers, Social Security number, email address and promise to appear in the Court and at the time designated by the Sheriff.
Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed by signing and filing a written Appearance form containing counsel’s name, attorney number, address, telephone number, email address.
Lead counsel for the Wayne County Prosecuting Attorney must file an Appearance form with the specified particulars in each pending criminal case in the listed courts.
Court's wording
Lead counsel for the Prosecuting Attorney of Wayne County shall appear and file an Appearance form, with the same particulars as set forth in subparagraph A above, in each pending criminal case filed with the Clerk of the Wayne Circuit, Superior 1, Superior 2, and Superior 3 Courts.
All withdrawals of Appearance by privately retained counsel shall be in writing and by leave of Court.
The letter of withdrawal shall explain to the client that failure to secure new counsel may have a material adverse effect on the client’s constitutional rights and upcoming deadlines, and other pertinent information such as a pending trial date or any other hearing date.
A request to waive the initial hearing must be made by written motion; the written request must be signed by defense counsel and the defendant if possible and include the specified advisements and representations.
Court's wording
The Court may, upon written motion, grant a defendant’s request for waiver of initial hearing. Such request for waiver shall be in writing and signed by the defendant’s attorney and defendant, if possible, and shall include at a minimum the following: 1. Defendant’s counsel has or will read and explain to defendant the Information; 2. Defendant’s counsel has or will advise defendant that the defendant has the following rights, and will assure the Court that defendant understands such rights: a. The right to a public and speedy trial; b. The right to a trial by jury; and, in order to preserve the right to a trial by jury for a misdemeanor charge, a written demand for trial by jury must be filed at least ten (10) days before the first trial date; c. The right to the privilege against self-incrimination; d. The right to confront the State’s witnesses and to cross-examine those witnesses; e. The right to present evidence on defendant’s behalf, and to subpoena witnesses to testify on defendant’s behalf; f. The right to require the State to prove defendant’s guilt beyond a reasonable doubt; g. The right to obtain counsel of defendant’s choosing at defendant’s expense; and, h. The right to assigned counsel at no expense to defendant if defendant cannot afford an attorney.
The Certificate of Service attached to the required motion for leave to withdraw must indicate compliance with both forms of mail to the client and to all counsel, or the request shall be denied.
- Document
- Motion for leave to withdraw
- Placement
- Certificate section
Must include
- •Certificate of service
Jury trials shall only be waived by the defendant in open court and/or by written waiver signed by defendant and by defense counsel.
8. Defendant’s full name and permanent address and, if different, mailing address. In addition, the defendant’s Social Security number shall be provided on green paper pursuant to Administrative Rule 9.
Requests to supplement the Court’s jury questionnaire shall be made in writing prior to the final pretrial conference and shall include a verbatim proposed questionnaire.
All stipulations shall be reduced to writing, signed by counsel and by the defendant personally, unless made during the course of a hearing or trial in open Court.
Prosecution requests for arrest warrants shall include any prosecution’s recommendation regarding bail amount and the reasons therefor.
Where charges are filed subsequent to arrest, the probable cause affidavit or oral probable cause submission shall include any prosecution’s recommendation as to the appropriate bail.
Bonds shall be increased 50% for persons admitted to bail on a separate felony case or who is charged as a Habitual Offender or with a sentencing enhancement. The Prosecution shall include such fact in its Affidavit of Probable Cause or Charging Information.
Such Notice shall advise the court, counsel, and defendant that a request for a Search Warrant has been filed in a miscellaneous criminal case setting forth the caption of the case and the case number.
Date of the order shall be denoted by “Date: ” so as to allow the Court to transcribe the appropriate date.
All motions seeking an Order of the Court shall be accompanied by a proposed Order to be executed by the Court in granting the motion.
- Document
- Motion
Must include
- •Proposed order
Proposed Orders continuing a matter or granting an enlargement of time shall not set forth the new date but shall leave the date blank for the Court to complete.
All motions and proposed Orders submitted to the Court shall include a list of the names, addresses, and email addresses of all parties and persons to whom the proposed Order shall be distributed.
The Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial Procedure shall specifically set forth the names and addresses of the attorney(s), party(ies), or representative(s) to whom the document has been sent.
In all relevant family law matters, an instruction sheet on Parenting Together to Keep Kids First and a cooperation notice sheet regarding cooperation in family law cases are included with the Summons and Notice set forth in Appendix A and provided to pro se filers. The green notice sheet is set forth in Appendix D.
In all relevant family law matters, the petitioner shall use the form of Summons and Notice set forth in Appendix A.
Any filing requesting a hearing for relief shall include an estimate of the time required.
An agreement submitted with a proposed final dissolution decree must also be attached to the proposed decree.
Court's wording
When submitting a proposed final Dissolution of Marriage Decree and Property Settlement and/or agreement Pertaining to Children, the Agreement submitted shall also be submitted as an attachment to the proposed Decree.
A bench warrant on copy service must be completed with sworn testimony confirming the adverse party's actual notice.
Court's wording
In order to obtain a bench warrant from the Court, a party must have personal service on the adverse party and complete a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.
The party filing the initial petition at the very commencement of the initial case shall be named first throughout all filings.
Family case captions must identify parties by their family roles rather than designating them only as “Petitioner” or “Respondent,” subject to the stated exception.
- Document
- Family case caption
- Placement
- Caption
Court's wording
Family cases shall be captioned as “Petitioner and Mother,” “Petitioner and Father,” “Respondent and Mother,” “Respondent and Father,” “Original Petitioner and Mother,” “Original Petitioner and Father,” “Original Respondent and Mother,” “Original Respondent and Father,” and the like, and shall not be designated as “Petitioner” or “Respondent” only, except as otherwise provided hereinbelow. Parties shall be designated according to their family role; e.g., Mother, Father, Husband, Wife, Maternal Grandmother, Paternal Grandfather, Former Husband, Former Wife, Putative Father, and the like,
Attorneys in family cases must give clients a copy of the Rule or obtain the specified sworn client certification, and assist clients in understanding and following the Rule.
Court's wording
Attorneys appearing in family cases shall (a) furnish their family clients with a copy of this Rule or obtain a written certification signed under oath by the family law client that the attorney has reviewed and thoroughly discussed the Wayne County Rules of Family Law with him/her and that the client understands the requirements of cooperation as a part of these Rules; and, (b) assist them in fully understanding and observing its provisions.
Family pleadings and hearings must use the parties’ family-role terms, not “Petitioner” or “Respondent” alone, unless same-sex partners choose those terms.
- Document
- Family case pleading
- Placement
- Body of the document
Court's wording
Use of the term “Petitioner” and “Respondent” shall not be used in the body of a pleading in a Family Case nor in any court hearing. Only terms identifying the parties’ family roles, as designated in the case caption, shall be used in the body of a pleading or in any court hearing in a Family Case, except in a Family Case where the parties are same sex partners and choose to use the terms “Petitioner” and “Respondent” only.
In marital dissolution and separation cases, involving one or more children under the age of nineteen (19) years on the date of their initial petition; in actions where the IV- D Prosecutor’s Office brings an original action to establish paternity or for child support and/or medical support; and in other juvenile paternity original actions involving child support, child custody, or medical, parents shall complete the website work on www.UpToParents.org, and shall take their completed work to the parenting class required under LR89-FL00-8, any and all case-related appointment, court
Parents shall merge their chosen Commitments from their website work into a set of Agreed Commitments, review those Agreed Commitments, and take copies of them to any hearing or other case-related appointment.
Covered petitions and motions other than initial filings must include an Appendix C Certificate of Cooperation confirming compliance with E(2) and Appendix C; the stated designated cases and child-related matters also require the certificate, which may include additional helpful matters.
Court's wording
All petitions and motions, except initial filings, filed by counsel and parties without counsel, including motions of any type or character for contempt or rule to show cause, shall include a Certificate of Cooperation in the form prescribed by Appendix C of these Rules and shall, at a minimum, confirm compliance with each of the requirements in paragraph E(2) in addition to those matters set forth in Appendix C. The Certificate of Cooperation may also include additional matters that a party or counsel believes would be helpful to the Court in acting as a problem solver and generating a culture of co-parenting for the long-term benefit of families. A Certificate of Cooperation is required in all cases designated as DN (domestic relations, no children), DC (domestic relations with children), JP (juvenile paternity), or RS (reciprocal support) involving child custody, child support, parenting time, insurance and/or health benefits for a child, tax dependency claims, and mental health and/or counseling for a child, including any request for a modification of such provisions or a finding of contempt with respect to such provisions.
Any request for a status conference shall comply with subsections E(2) and E(3) above. Said request shall further indicate the moving party’s proposed agenda for such status conference.
A status conference may be requested at any time. The moving party shall provide with his/her initial pleading a proposed Order for Status Conference, leaving the date and time blank.
- Document
- Initial pleading
Must include
- •Proposed order
8.1 Accountings for estates must comply with Indiana Code 29-1-16.
Filing & Service rules
Electronic Filing Rules
Attorneys are required to e-file in Wayne 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
The Court may deny a withdrawal request as unreasonable or inconsistent with the administration of justice if it was not filed at least 10 days before a scheduled hearing.
The Court may deny a request for withdrawal of Appearance unless the same has been filed with the Court at least ten (10) days prior to any hearing scheduled in the cause as unreasonable or not consistent with the administration of justice.
Page 8 | LR89-TR3.1-001 WITHDRAWAL OF APPEARANCE
Trial Rule 56 motions for summary judgment must be filed at least 150 days before trial.
All Trial Rule 56 Motions for Summary Judgment shall be filed at least one hundred fifty (150) days prior to trial.
Page 11 | MOTIONS FOR SUMMARY JUDGMENT
Counsel for each party must file a pretrial statement at least 48 hours before both the preliminary and final pretrial conferences.
At least forty-eight (48) hours prior to both the preliminary and final pretrial conferences, counsel for each party shall file pretrial statements which shall include all matters deemed important to the trial of the cause, but must include all information set forth in Paragraph “C” below.
Page 12 | Filing of Pretrial Statement
The parties must file an Agreed Case Management Plan within 10 days after the meeting, with an outside deadline of 180 days after the Complaint is filed.
Within ten (10) days after meeting but, in any event, within one hundred eighty (180) days of filing the Complaint, the parties to the action shall file an Agreed Case Management Plan setting forth:
Page 15 | D. Case Management Plan
A Motion in Limine must be received by the Court at least 15 days before trial, or earlier if the Court orders a longer period.
Any Motion in Limine shall be filed so that it is actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.
Page 15 | LR89-TR16-013, A. Motions in Limine
Counsel must file an agreed-upon fact instruction for receipt by the Court at least 15 days before trial, or earlier if the Court orders a longer period.
Counsel shall file an agreed upon fact Instruction so that it is actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.
Page 16 | LR89-TR16-013, C. Agreed Upon Fact Instruction
A proposed juror questionnaire consented to by all parties must be tendered jointly and received by the Court at least 15 days before trial, or earlier if the Court orders a longer period.
In all cases to be tried to a jury, the Juror Questionnaire Form utilized by the Court shall be used unless all parties consent to a proposed juror questionnaire which shall be tendered jointly and shall actually be received by the Court at least fifteen (15) days prior trial, or longer as the Court may order.
Page 16 | LR89-TR16-013, F. Juror Questionnaires
Written objections to Motions in Limine must be received by the Court at least 7 days before trial.
Objections to any Motions in Limine shall be submitted to the Court in writing and shall be filed so that they are actually received by the Court at least seven (7) days prior to trial.
Page 16 | LR89-TR16-013, B. Objections to Motions in Limine
Defense counsel must file the Appearance form immediately upon being retained or appointed.
Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed by signing and filing a written Appearance form containing counsel’s name, attorney number, address, telephone number, email address.
Page 23 | LR89-CR00-004 APPEARANCE OF COUNSEL
A withdrawal request must be filed at least ten days before trial unless good cause is shown.
The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court at least ten (10) days prior to the trial date, except for good cause shown.
Page 24 | LR89-CR00-005 WITHDRAWAL OF PRIVATELY RETAINED COUNSEL
To preserve a jury-trial right on a misdemeanor charge, a written jury demand must be filed at least ten days before the first trial date.
in order to preserve the right to a trial by jury for a misdemeanor charge, a written demand for trial by jury must be filed at least ten (10) days before the first trial date;
Page 24 | LR89-CR00-006 INITIAL HEARING CONFERENCE
If a related action involving the same defendant is pending, a notice of the search-warrant request must be filed in that action within 24 hours after the warrant is executed.
In the event there is a pending action involving the same criminal defendant for whom or against whom a Search Warrant is now requested that is related to such pending proceeding, a Notice of Filing of Request for Search Warrant shall be filed in the underlying pending action within twenty- four (24) hours after execution of the Search Warrant.
Page 31 | LR89-CR2.2-015 SEARCH WARRANTS
Each party must provide the Court and opposing party written notice of specified other pending proceedings before a provisional hearing or within thirty days after service of the petition, whichever occurs first.
Prior to any provisional hearing or within thirty days after service of any petition seeking relief in any family law matter, whichever shall first occur, each party shall provide the Court and the opposing party with written notice of any other pending legal proceeding in which such person is a party wherein the other pending legal proceeding involves an issue or allegation of domestic violence, spousal abuse, child abuse, protective order, restraining order, Child(ren) in Need of Services, Termination of Parent-Child Relationship, Juvenile Delinquency, or any criminal charges.
Page 35 | SPECIFIC DISCLOSURE REQUIREMENTS
Website work and the class must be completed promptly and within 45 days after the petition is filed, unless the court grants leave.
The website work and class shall be completed promptly but within forty-five days of the filing of the Petition, unless leave of court is granted.
Page 37 | Family Law Rules
If the temporary exception applies, the moving party must comply with E(2) and file a Cooperation Update within seven days after filing.
In such cases, the moving party shall be required to comply with subsection E(2) and file a Cooperation Update within seven days of the date of filing.
Page 38 | E. Protocols for Motions and Hearings In Family Cases
In qualifying Family Cases, each party must exchange the Financial Declaration Form within 45 days of the initial filing.
In Family Cases which may reasonably involve issues of child support, spousal maintenance, and/or allocation of assets and debts, each party shall prepare and exchange, respectively, within forty-five days of the initial filing of the action
Page 43 | LR89-FL00-7(A). Requirement
In qualifying Family Cases, each party must exchange the Financial Declaration Form within 30 days of filing a post-decree matter.
In Family Cases which may reasonably involve issues of child support, spousal maintenance, and/or allocation of assets and debts, each party shall prepare and exchange, respectively, ... within thirty days of the filing of any post-decree matters
Page 43 | LR89-FL00-7(A). Requirement
A party may seek court review of a fee reallocation by filing a written objection within 15 days of its announcement.
If either party disagrees with and objects to such re-allocation, the objecting party may within fifteen (15) days of the announced re-allocation seek a review by filing a written objection with the court.
Page 47 | H. Fees
Child Support Obligation Worksheets must be promptly supplemented if changes occur before trial.
Child Support Obligation Worksheets shall be promptly supplemented if changes occur prior to trial.
Page 49 | LR89-FL00-14 CHILD SUPPORT GUIDELINES, A. Worksheet Required
Each party must file a Pretrial Statement at least 48 hours before the pretrial conference.
At least forty-eight (48) hours prior to the pretrial conference each party shall file a Pretrial Statement in the form and manner as required by LR89- TR16-010 of the Wayne County Rules of Civil Procedure.
Page 51 | LR89-FL00-16 PRETRIAL PROCEDURE
After specified filings, the Clerk must forthwith set the hearing date and place and return the required notice, which the personal representative or guardian must serve under Indiana Rule of Trial Procedure 85(G).
On the filing with the Clerk by the personal representative or guardian of any petition, application, complaint, partial report, final report, or any report that requires fixing of date and place of hearing of same by the Court and giving notice thereof to any or all interested persons as required by law or order of the Court, the Clerk shall forthwith fix the date and place of hearing, by endorsement on the same, and shall return to such personal representative or guardian the required notice, which shall be then served by such personal representative or guardian in accordance with Indiana Rule of Trial Procedure 85(G).
Page 55 | NOTICE
On the filing date, the Clerk must record on the proper order book the Court’s order fixing the hearing date and place as set by the Clerk.
The Clerk shall then also make and record on the proper order book on the date of the filing of such petition or report, an order by the Court fixing the date and place of hearing of such petition or report, the same as fixed thereon by the Clerk.
Page 55 | NOTICE
4.1 An inventory shall be filed by the fiduciary in all estates and guardianships, except unsupervised estates, within sixty (60) days; Guardianships within ninety (90) days for permanent guardians; and, within thirty (30) days for temporary guardians. All times relate to the appointment of the fiduciary.
4.1 An inventory shall be filed by the fiduciary in all estates and guardianships, except unsupervised estates, within sixty (60) days; Guardianships within ninety (90) days for permanent guardians; and, within thirty (30) days for temporary guardians. All times relate to the appointment of the fiduciary.
Page 56 | INVENTORY
An appraisal required by Rule 6.1 must have been made within one year of the Petition to Sell date.
6.2 All appraisals required by Rule 6.1 shall be made within one (1) year of the date of the Petition to Sell.
Page 57 | LR89-PR00-006 SALE OF PERSONAL PROPERTY
For a later creditor claim filed after the initial three-month period, the determination pleading must be filed within 30 days, with the same copy service and notice requirements.
Such pleading shall also be filed within thirty (30) days after the filing of any subsequent claim made by other creditors beyond the initial time period of three (3) months following the first published notice to creditors, with the same service of copy and notice.
Page 57 | LR89-PR00-007 CLAIMS
If the personal representative does not file a pleading within the applicable time period, the claim is deemed disallowed.
In the absence of a pleading from the personal representative during these time periods, the claim shall be deemed disallowed.
Page 57 | LR89-PR00-007 CLAIMS
An appraisal required for a petition to sell real estate must have been made within one year of the petition date.
5.2 All appraisals required by Rule 5.1 shall be made within one (1) year of the date of a Petition to Sell Real Estate.
Page 57 | LR89-PR00-005 SALES OF REAL ESTATE
By three months and fifteen days after the first published notice to creditors, the personal representative or attorney must file a pleading stating whether claims filed within the first three months are allowed or disallowed, in whole or in part.
7.1 On or before three (3) months and fifteen (15) days after the date of the first published notice to creditors, the personal representative, or the personal representative=s attorney, shall file a pleading with the Court showing the personal representative=s determination of either allowing a claim or disallowing a claim, in whole or in part, as to those claims filed within three (3) months after the date of the first published notice to creditors.
Page 57 | LR89-PR00-007 CLAIMS
Evidence of all final distributions must be filed before the Court grants discharge.
8.7 Receipts, canceled checks, bank statements, check images provided by the financial institution, or other evidence acceptable to the Court for all final distributions shall be filed either in the final report, or a supplemental report, before discharge will be granted by the Court.
Page 58 | LR89-PR00-008 ACCOUNTINGS
The final account of the wrongful death proceeds distribution must be filed within 30 days as required by the proposed order.
10.2 When a judgment has been paid or a settlement agreement is to be entered into by the personal representative, a petition shall be filed showing the proposed distribution of wrongful death proceeds consistent with I.C.34-23-1-1 and 34-23-2-1, together with a proposed order of distribution requiring a final account as to the distribution of the wrongful death proceeds be filed within thirty (30) days.
Page 60 | LR89-PR00-010 WRONGFUL DEATH
If there is no response within 30 days after the First Notice is mailed, the Court will mail a second notice requesting compliance within 15 days.
(B) Second Notice: If there is no response within thirty (30) days of the mailing of the First Notice, a letter notice from the Court will be mailed requesting compliance within fifteen (15) days.
Page 61 | MISCELLANEOUS
If there is no response within 15 days after the Second Notice is mailed, the Court will issue an order to show cause, and both the attorney and fiduciary must appear as directed.
(B) Second Notice: If there is no response within thirty (30) days of the mailing of the First Notice, a letter notice from the Court will be mailed requesting compliance within fifteen (15) days. (C) Court Order: If there is no response within fifteen (15) days of the mailing of the Second Notice, a Court Order to show cause will be issued. Both the attorney and fiduciary must appear at the date and time specified in the Court Order.
Page 61 | MISCELLANEOUS
Counsel may file proposed jury instructions, but they must be received by the Court at least 15 days before trial, or earlier if the Court orders a longer period.
Counsel may file proposed jury instructions, provided that such instructions are actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.
Page 16 | LR89-TR16-013, D. Proposed Jury Instructions
Objections to proposed jury instructions may be filed in writing and, if filed, must be received by the Court at least 7 days before trial.
Written objections to proposed jury instructions may be filed in writing and shall be filed such that they are actually received by the Court at least seven (7) days prior to trial.
Page 16 | LR89-TR16-013, E. Objections to Proposed Jury Instructions
Failure to file the required search-warrant notice may be grounds for appropriate sanctions.
Failure to file such a Notice is grounds for appropriate sanctions.
Page 31 | LR89-CR2.2-015 SEARCH WARRANTS
Instructions on trial matters that could not reasonably have been anticipated may be tendered or substituted at the conclusion of trial.
Instructions covering matters occurring at the trial which could not reasonably be anticipated may be tendered and/or substituted at the conclusion of the trial.
Page 16 | LR89-TR16-013, D. Proposed Jury Instructions
Motions in limine must be filed at least 15 days before trial.
It shall not be necessary to include the date for filing motions in limine as motions in limine are to be filed at least fifteen (15) days prior to trial pursuant to LR89-TR-006.
Page 14 | LR89-TR40-012 CASE MANAGEMENT CONFERENCE & ORDER AND SETTING OF PRETRIAL AND TRIAL DATES
Service and Proof of Service Rules
Orders must be accompanied by enough copies for copies to be mailed to all parties.
All orders shall be accompanied with sufficient copies so that copies may be mailed to all parties.
Page 8 | LR89-TR5-002 FILING
After a non-Wayne County Special Judge qualifies, copies of subsequent filings must be delivered to the judge’s office in person, by mail, or by email, and the filing must include a certificate of forwarding.
When a Special Judge who is not a Wayne County Judge is selected and qualifies in a case, copies of all filings subsequent to the qualification of such Special Judge shall be delivered in person, by mail, or by email to the office of the Special Judge with certificate of forwarding same made a part of the filing.
Page 8 | LR89-TR5-002 FILING
Written discovery directed to a party or nonparty must be served at least 33 days before the Court-established discovery deadline, unless the Court grants leave otherwise before service.
All written discovery, whether directed to a party or nonparty to an action, must be served at least thirty-three (33) days prior to the expiration of any discovery deadline which may be established by the Court, unless leave of Court directing otherwise is granted prior to the service of such discovery.
Page 10 | DISCOVERY: INTERROGATORIES, REQUEST FOR ADMISSIONS, TIME TO SERVE — D. Time to Serve
A motion, objection, or petition pursuing a tax-sale interest in land must be provided to the Wayne County Attorney.
Any motion, objection or petition filed to pursue an interest in land arising from a tax sale shall be provided to the Wayne County Attorney.
Page 21 | E. Documents to County Attorney
A copy of the Promise to Appear must be provided to the arrested person and to the Court upon designation.
A copy of the Promise to Appear shall be provided to the arrested person and to the Court upon designation.
Page 22 | LR89-CR00-02 C. RELEASE FROM CUSTODY – PROMISE TO APPEAR
The withdrawal letter must be sent to the client’s last known address by both certified mail with return receipt requested and prepaid First Class Mail.
Such letter of withdrawal shall be sent to the client’s last known address via both certified mail- return receipt requested and First Class Mail, postage prepaid.
Page 23 | LR89-CR00-005 WITHDRAWAL OF PRIVATELY RETAINED COUNSEL
A copy of defense counsel’s Appearance form must be electronically served on the lead counsel of record for the Wayne County Prosecuting Attorney.
A copy of this Appearance form shall be served on the lead counsel of record for the Prosecuting Attorney of Wayne County by electronic service.
Page 23 | LR89-CR00-004 APPEARANCE OF COUNSEL
Withdrawal generally requires ten days’ written notice to the client and filing a copy with the Court, unless new counsel enters an Appearance simultaneously.
Permission to withdraw shall be given only after the withdrawing attorney has given his or her client ten (10) days written notice of his or her intention to withdraw, and has filed a copy of such written notice with the Court, or upon a simultaneous entering of Appearance by new counsel for said client.
Page 23 | LR89-CR00-005 WITHDRAWAL OF PRIVATELY RETAINED COUNSEL
To obtain a bench warrant, the adverse party must be personally served, and a bench warrant on copy service must be completed with sworn testimony confirming actual notice.
In order to obtain a bench warrant from the Court, a party must have personal service on the adverse party and complete a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.
Page 34 | LR89-FL00-2 ADMINISTRATIVE PROCEDURES
Each party must provide the required written notice to both the Court and the opposing party.
Prior to any provisional hearing or within thirty days after service of any petition seeking relief in any family law matter, whichever shall first occur, each party shall provide the Court and the opposing party with written notice of any other pending legal proceeding in which such person is a party wherein the other pending legal proceeding involves an issue or allegation of domestic violence, spousal abuse, child abuse, protective order, restraining order, Child(ren) in Need of Services, Termination of Parent-Child Relationship, Juvenile Delinquency, or any criminal charges.
Page 35 | SPECIFIC DISCLOSURE REQUIREMENTS
Before the provisional hearing, the parties must exchange the listed income, child, support, maintenance, childcare, insurance, and worksheet documentation as promptly as possible; the three most recent paystubs usually satisfy the income-documentation requirement.
Before the scheduled provisional hearing, the parties as promptly as possible shall exchange documentation of all year-to-date income (usually satisfied by the party’s three most recent paystubs), whether there are subsequently born children, documentation of an order or duty of support for prior born children, documentation of maintenance paid, documentation of work-related child care expenses, documentation of the weekly cost of health insurance for the minor children, and a proposed child support obligation worksheet.
Page 42 | LR89-FL00-5 H. Exchange of Necessary Documentation
If the Court allows an on-the-record ex parte hearing and finds an emergency justifying an eviction order, the cause must be heard within ten days with notice to all parties.
In those circumstances where the Court allows a party to be heard ex parte on the record and finds an emergency exists justifying issuance of an eviction order, the cause shall heard within ten days with notice to all parties.
Page 42 | LR89-FL00-6 A. Eviction without Notice
Each party must prepare and exchange a Financial Declaration Form with the other party.
each party shall prepare and exchange, respectively,
Page 43 | LR89-FL00-7(A). Requirement
Worksheets intended for introduction at trial or final hearing, along with supporting documentation, must be exchanged by the parties or counsel at least seven days before trial.
Child Support Obligation Worksheets intended to be introduced at trial or final hearing shall be exchanged by the parties or counsel, along with supporting documentation, at least seven days prior to trial.
Page 49 | LR89-FL00-14 CHILD SUPPORT GUIDELINES, A. Worksheet Required
A response worksheet, with reasonably obtainable supporting documentation and/or an explanation of the calculations, must be provided to the other party or counsel at least 48 hours before the provisional hearing; if reasonable circumstances prevent that, it must be provided at the earliest opportunity.
A response Child Support Obligation Worksheet - with as much supporting documentation as can reasonably be obtained at the time such as a recent pay stub and/or an explanation in the body of the Motion as to how the figures were computed - shall be provided to the other party or to opposing counsel, as the case may be, at least forty-eight hours prior to the provisional hearing, unless reasonable circumstances prevent doing so, and then such Child Support Obligation Worksheet shall be provided to the other party or to opposing counsel at the earliest opportunity.
Page 49 | LR89-FL00-14 CHILD SUPPORT GUIDELINES, A. Worksheet Required
Post-decree pleadings must be served on the unrepresented party under the Indiana Rules of Trial Procedure, even if the attorney still appears on the Chronological Case Summary.
The service of any post-decree pleadings upon any party not represented by counsel pursuant to paragraph A above, despite the possible mistaken continued appearance of said attorney on the Chronological Case Summary, shall be made upon that person pursuant to Indiana Rules of Trial Procedure.
Page 53 | B. Post-Decree Service
Notices required at the outset of a probate estate must be served in accordance with Indiana Rule of Trial Procedure 85(G).
Service of the notices shall be in accordance with Indiana Rule of Trial Procedure 85(G).
Page 55 | NOTICE
Copies of petitions must accompany all notices for hearings arising from matters contained in the petition.
1.2 Copies of petitions shall be sent with all notices where the hearing involved arises from the matters contained in the petition.
Page 55 | NOTICE
The personal representative or guardian must serve the returned hearing notice in accordance with Indiana Rule of Trial Procedure 85(G).
On the filing with the Clerk by the personal representative or guardian of any petition, application, complaint, partial report, final report, or any report that requires fixing of date and place of hearing of same by the Court and giving notice thereof to any or all interested persons as required by law or order of the Court, the Clerk shall forthwith fix the date and place of hearing, by endorsement on the same, and shall return to such personal representative or guardian the required notice, which shall be then served by such personal representative or guardian in accordance with Indiana Rule of Trial Procedure 85(G).
Page 55 | NOTICE
A copy of the claims determination pleading must be served on each creditor whose claim is disallowed in whole or in part.
A copy of this pleading shall be served upon each creditor whose claim has been disallowed in full or in part.
Page 57 | LR89-PR00-007 CLAIMS
For a subsequent claim filed after the initial three-month period, the pleading copy must be served and the creditor must receive the same notice required for other disallowed claims.
Such pleading shall also be filed within thirty (30) days after the filing of any subsequent claim made by other creditors beyond the initial time period of three (3) months following the first published notice to creditors, with the same service of copy and notice.
Page 57 | LR89-PR00-007 CLAIMS
The Clerk must immediately give a creditor written notice if its claim is disallowed in whole or in part.
The Clerk shall give immediate written notice to a creditor if its claim has been disallowed in full or in part.
Page 57 | LR89-PR00-007 CLAIMS
The tax-sale purchaser, whether represented or self-represented, is responsible for complying with Indiana Code provisions, including required notices to the owners of record.
The Purchase, whether represented by counsel or as a pro se litigant, is solely responsible for compliance with each provision of the Indiana Code, including all required notices to the owner(s) of record.
Page 21 | G. Responsibilities of the Purchase at Tax Sale
The Court may grant withdrawal when the client was properly notified even if the notification did not strictly comply with the rule.
The Court shall have discretion to grant a motion to withdraw if the Court finds that the client was properly notified, although by means that are not in strict compliance with this rule.
Page 24 | LR89-CR00-005 WITHDRAWAL OF PRIVATELY RETAINED COUNSEL
The Financial Declaration Form need not be exchanged if the parties waive exchange in writing, settle all financial issues in a written agreement, service is by publication with no response, or the Court waives the requirement.
The Financial Declaration Form need not be exchanged if: 1. the parties agree in writing to waive exchange; 2. the parties have executed a written agreement which settles all financial issues; 3. the proceeding is one in which the service is by publication and there is no response; or 4. the Court otherwise waives such requirement.
Page 43 | LR89-FL00-7(B). Exceptions
The Scheduling Clerk will handle notifying personal representatives and guardians of inventory or accounting due dates and will mail a copy of the notice to their attorney of record.
1.4 The Wayne County Scheduling Clerk will accept calendaring responsibilities concerning notification to all personal representatives and guardians of the due date of any statutorily required inventory or accounting. A copy of such notice of due date will be mailed to the attorney of record for the personal representative or guardian.
Page 55 | NOTICE
Filing Fees and Waivers
Court costs must be paid before the hearing on the Final [text ends mid-sentence].
8.9 All Court costs shall be paid and all claims satisfied and released before the hearing on the Final
Page 58 | LR89-PR00-008 ACCOUNTINGS
Each party is responsible for the cost of participating in the class unless the court waives the fee in rare circumstances.
Each party is responsible for payment of the cost of that party’s participation unless the court waives the fee in rare circumstances.
Page 45
Courtesy Copy Requirements
Copies to original counsel are not required but are encouraged as a professional courtesy; if a courtesy copy of the petition is sent to a representative, it must be shown on the certificate of service.
Any copy served upon original counsel will be deemed to be a matter of professional courtesy only; however, such professional courtesy is encouraged, and if a courtesy copy of such petition is sent to a representative, whether terminated or not, such shall be shown on a certificate of service.
Page 53 | C. Courtesy Copy
Sealing & Redaction Procedures
Guardian ad litem reports are confidential and may not be shown or disclosed to the child, family members, or others, but the party’s attorney may discuss the report with the party.
Any report of the guardian ad litem, whether interim or final, is confidential and shall not be shown or its contents divulged, directly or indirectly, including by way of Facebook, email, text message, Twitter, Snapchat, other social media, blogs, podcast, radio, television, or by any other application or method, to the child, family member, or any other person. This Rule shall not in any manner prohibit the party’s attorney from discussing the report with the party in detail.
Page 47 | F. Report of the Guardian Ad Litem Confidential
The Court may seal Financial Declaration Forms upon proper motion when privacy requires, but sealing requests must not be routine; sealed forms must be handled as specified and may be withdrawn at the case’s conclusion on terms the Court allows.
Whenever the interest of privacy so requires, the Court may, upon proper Motion, direct that the Financial Declaration Form(s) be sealed until further order of the court. However, such request(s) shall not be made as a matter of course. When ordered sealed, the Court Reporter shall place the Financial Declaration Form(s) in a flat manner in an envelope of sufficient size, seal the envelope, and affix a copy of the Order directing that the Financial Declaration Form(s) be placed under seal. Financial Declaration Form(s) may be withdrawn at the conclusion of the case on such terms as the Court may allow.
Page 44 | LR89-FL00-7(F). Privacy – Sealing Of Financial Declaration Form
Filing Bundling Requirements
A proposed order must be prepared and filed separately from the papers to which it relates.
Proposed orders shall be prepared and filed separately from the pleadings, petitions, motions or other papers to which they have reference.
Page 8 | LR89-TR5-002 FILING
Pre-Motion Conference Requirements
The Court will not rule on a discovery-dispute motion unless the moving party represents that the parties tried in good faith to resolve the dispute by personal or telephone conference and could not agree.
Therefore, the Court will not rule on motions related to discovery disputes unless the moving party represents that after personal or telephonic conference in a good faith effort to resolve their discovery differences, the parties are simply unable to reach an agreement.
Page 10 | DISCOVERY: INTERROGATORIES, REQUEST FOR ADMISSIONS, TIME TO SERVE — F. Discovery Disputes
Before seeking court relief, counsel and unrepresented parties must consult in good faith personally, by telephone, or electronically and address the listed topics, unless consultation would be dangerous or otherwise unreasonable.
In Family Cases, except in instances where it would be dangerous or otherwise unreasonable to do so, counsel and parties without counsel shall use good-faith personal, or telephonic, and/or electronic consultation to resolve any issue before seeking relief from a court. In that mandatory consultation, counsel, and/or parties without counsel, shall: a. attempt to resolve the matter at issue; b. discuss, and make a list of, the resources they believe the parents could use to resolve current and future issues and to build cooperation (separate lists shall be made if a joint list is not agreed on); c. if previously ordered by the Court, confirm that the parents (i) have completed the website work referred to in paragraph D, (ii) have merged their chosen Commitments into a set of Agreed Commitments, and (iii) will review and bring their Agreed Commitments and any other website work to any upcoming case related appointment; d. confirm that each parent has completed the assigned parenting class; and e. discuss what the Court can do to assist the parents in reaching further agreements.
Page 37 | E. Protocols for Motions and Hearings In Family Cases
In matters involving minor children, attorneys and unrepresented parties must personally consult with the other side to resolve pending issues before filing motions or pleadings.
In matters involving minor children, before filing motions or pleadings, attorneys and unrepresented parties are required to have a personal consultation with the other attorney or unrepresented party to resolve the pending issues before filing motions or pleadings.
Page 40 | Commentary
For provisional motions involving minor children accompanying an initiating pleading, the moving party and counsel must make reasonable efforts to resolve all provisional issues with the other party after service and before the hearing, although strict compliance with LR89-FL00-4 is not required.
In provisional motions which involve minor children accompanying an initiating pleading, strict compliance with LR89-FL00-4 is not required; however, the moving party, including such party’s attorney, shall make reasonable efforts at resolving all provisional issues with the non-moving party, whether or not represented by Counsel, after service of said initiating pleading and prior to the scheduled hearing.
Page 41 | LR89-FL00-5 C. Cooperation
Before seeking a motion to compel or sanctions for a late or incomplete Financial Declaration Form, reasonable efforts must be made to resolve the dispute informally.
In the event that a party does not timely submit his or her fully completed Financial Declaration Form and reasonable efforts have been made to informally resolve any such dispute, the party seeking compliance may file a Motion to Compel and [if desired] for Sanctions.
Page 43 | LR89-FL00-7(E). Financial Declaration – Mandatory Discovery
A motion to strike interrogatories as excessive, oppressive, or repetitive may be filed after full compliance with Trial Rule 26(F).
A Motion to Strike specific interrogatories as excessive, oppressive or repetitive, may be filed after fully complying with TR 26(F).
Page 10 | DISCOVERY: INTERROGATORIES, REQUEST FOR ADMISSIONS, TIME TO SERVE — G. Motion to Strike
In Family Cases, parties and counsel shall make every reasonable effort to resolve problems by reaching agreements that serve the best interests of all family members and should appear in court on contested matters only in rare circumstances after every reasonable effort to resolve problems has been made.
In Family Cases, parties and counsel shall make every reasonable effort to resolve problems by reaching agreements that serve the best interests of all family members and should appear in court on contested matters only in rare circumstances after every reasonable effort to resolve problems has been made.
Page 37 | E. Protocols for Motions and Hearings In Family Cases
Noncompliance with the section may lead to denial of relief or a hearing until compliance is ensured.
Failure to comply with this section may result in the denial of relief or hearing until compliance is ensured.
Page 38 | E. Protocols for Motions and Hearings In Family Cases
Adjournment & Extension Requirements
The first request to enlarge the time to file a responsive pleading to a complaint must be granted summarily for up to 45 days; additional time or a later request is discretionary.
The first motion for enlargement of time to file a responsive pleading to a Complaint shall be granted summarily for up to forty-five (45) days. Any request for additional time beyond forty- five (45) days or a subsequent request for enlargement of time shall be at the discretion of the Court.
Page 9 | MOTIONS — C. First Enlargement of Time
Continuance and enlargement motions must be written and state opposing counsel’s position and the history and outcome of prior requests; the Court may require the requesting party to sign the motion.
All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc.) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party and whether such prior request was granted. The Court may require any written motion for continuance or enlargement of time to be signed by the party requesting the continuance.
Page 9 | MOTIONS — B. Continuances and Enlargements of Time
After a case is found ready for its scheduled jury trial, a continuance will be granted only for extraordinary circumstances that were not reasonably foreseeable at the preliminary pretrial conference; specified foreseeable reasons do not qualify.
Once a case is determined at the preliminary pretrial conference to be ready to proceed to jury trial as scheduled, a continuance of such date will not be granted except for extraordinary circumstances which were not reasonably foreseeable at the preliminary pretrial conference. Such reasons shall not include the need to file further pleadings or motions, pursuing or completing further discovery, securing attendance of any witness or party, or any other reasonably foreseeable reason.
Page 13
Continuance and enlargement-of-time motions must be written and state opposing counsel’s position and whether either party previously requested such relief and whether it was granted; the Court may require the requesting party to sign the motion.
All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc.) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party, and whether such prior request was granted. The Court may require any written motion for continuance or enlargement of time to be signed by the party requesting the continuance.
Page 32 | LR89-CR00-016 MOTIONS — B. Continuances and Enlargements of Time
An additional extension may be granted only if an additional petition setting forth good cause is filed.
13.2(b) Any additional extension of time may be granted only upon the filing of an additional petition setting forth such good cause.
Page 61 | MISCELLANEOUS
Where the Court has authority to extend time, it must automatically grant one 45-day extension if a written petition is filed by the otherwise applicable deadline.
13.1(a) In those matters for which the Court has authority to grant an extension of time, the Court shall automatically grant one forty-five (45) day extension upon the filing of a written petition on or before the otherwise applicable deadline.
Page 61 | MISCELLANEOUS
The court may extend or shorten the Financial Declaration Form deadlines by order for good cause shown.
These time limits may be extended or shortened by court order for good cause shown.
Page 43 | LR89-FL00-7(A). Requirement
The Court may adjourn a pretrial conference or order additional pretrial conferences when it considers that necessary or advisable.
If necessary or advisable, the Court may adjourn the pretrial conference from time to time or may order additional pretrial conferences as it deems appropriate.
Page 13
Chambers Communication Rules
Attorneys may communicate with an appointed Parenting Coordinator, Guardian Ad Litem, or Court Appointed Special Advocate only if all other parties are included; if that is not feasible, they must disclose the communication and its nature to all other parties within seven days.
In the event a Parenting Coordinator, Guardian Ad Litem/Court Appointed Special Advocate is appointed by the Court, the parties’ attorneys shall not communicate with said Parenting Coordinator, Guardian Ad Litem/Court Appointed Special Advocate unless said communication includes all other parties to the cause of action. In the event such inclusion is not feasible, the fact that there was communication and the nature thereof shall be disclosed to all other parties within seven days of such communication.
Page 49 | B. Contact with Parenting Coordinators, Guardians Ad Litem/Court Appointed Special Advocates
Attorneys must not contact children involved in a Family Case unless they first obtain a court order authorizing the contact.
Attorneys shall not have contact with the child(ren) involved in a Family Case, whether or not a custodial evaluator, parenting coordinator, or guardian ad litem has been appointed, without first having an order of the court authorizing such contact.
Page 49 | C. No Contact with Children
In the event the custodial evaluator should contact counsel before the evaluator’s report has been issued, such fact should be promptly conveyed to opposing counsel indicating the specific dialogue between counsel and the custodial evaluator. Following the issuance of the evaluator’s report, the evaluator shall be deemed a witness and counsel shall be permitted ex parte communication with the evaluator at counsel’s/client’s expense.
In the event the custodial evaluator should contact counsel before the evaluator’s report has been issued, such fact should be promptly conveyed to opposing counsel indicating the specific dialogue between counsel and the custodial evaluator. Following the issuance of the evaluator’s report, the evaluator shall be deemed a witness and counsel shall be permitted ex parte communication with the evaluator at counsel’s/client’s expense.
Page 49 | Family Law Rules