Wayne County Courts, Indiana Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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).

WARNING

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.

WARNING

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.