White County Courts, Indiana Pre-Motion Conference Requirements

CRITICAL

Before requesting a continuance, the moving party must confer with opposing counsel and any self-represented parties about objections and mutually available rescheduling dates.

(C) Duty to Confer: Before requesting a continuance, the moving party shall confer with counsel for all other parties and with any parties appearing pro se to determine any objections and to ascertain dates for rescheduling when all parties are available.

CRITICAL

Before requesting a custody evaluation, both parties and any counsel must make at least one good-faith attempt to resolve the issues through a settlement conference or mediation.

All requests for custody evaluations must be in writing and certify that both parties and their counsel, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or mediation.

CRITICAL

The Court may grant or order a custody evaluation only after a Status Conference attended by both parties and any attorneys, and after satisfying the listed website-work, good-faith-resolution-effort, and resource-review conditions.

The Court will not grant a request for or otherwise order a custody evaluation except following a Status Conference in the presence of both parties and their attorneys, if any, during which the Court has been satisfied that: (A) Both parties have completed the mandatory website work pursuant to FLR 25 above; (B) Both parties and their attorneys, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or consultation pursuant to FLR 24 above; and (C) The court has carefully considered and reviewed with both parties and their attorneys, if any, the use of other resources.

CRITICAL

Before an initial or provisional hearing, counsel must meet with each other or any unrepresented party in good faith to try to resolve all matters, unless safety or other good cause makes the meeting unreasonable.

Unless considerations of safety or other good cause make it unreasonable, before the date and time set for an initial or provisional hearing, counsel shall meet with each other (or any unrepresented party) in a good-faith attempt to resolve all matters.

CRITICAL

Before filing or seeking other court relief, counsel and self-represented parties must consult personally or by telephone, subject to stated exceptions, and remain reasonably available for continuing consultation.

Except in emergencies or when it might create a danger or substantial prejudice or is otherwise unreasonable to do so, counsel and pro se parties shall have a personal or telephonic consultation to resolve any issue before filing or seeking any other relief through the court. Counsel and pro se parties contacted for a consultation shall make themselves reasonably available for consultation. The duty of consultation shall be continuing.

WARNING

The required consultation must address resolution of disputed matters, compliance with FLR 24–26, and resources for resolving current and future issues and building cooperation.

In the consultation, counsel and pro se parties shall: (1) Attempt to resolve all matters at issue; (2) Confirm the parties’ compliance with FLR 24, 25, and 26; and (3) Discuss the resources they believe the parents could use to resolve current and future issues and to build cooperation.