Marion County Court of Common Pleas, General Division Pre-Motion Conference Requirements

CRITICAL

Unless the Court orders otherwise, a party may respond to a summary-judgment motion within 28 days after service, and the movant may reply within 14 days after service of the non-movant’s response.

Unless otherwise ordered by the Court, the following response deadlines shall apply: A. Motions for Summary Judgment 1. A party may file a response to a Motion for Summary Judgment within twenty- eight (28) days after service of the Motion for Summary Judgment. 2. The party moving for summary judgment may file a reply in support of the Motion for Summary Judgment within fourteen (14) days of service a non- movant’s response.

CRITICAL

Motion briefing consists of the motion, an opposition or response, and a reply; other briefs require prior leave of Court upon a showing of good cause.

The Court will consider the original motion, a non-movant’s opposition/response to a motion, and the moving party’s reply in support. No party shall file any other briefs on a motion without prior leave of Court following a showing of good cause.

CRITICAL

For dispositive motions other than summary-judgment motions, a party may respond within 14 days after service, and the movant may reply within 7 days after service of the response.

B. Dispositive Motions Other than Motions for Summary Judgment 1. For any dispositive motion other than a Motion for Summary Judgment, a party may file a response to the motion within fourteen (14) days of service of the motion. 2. The moving party may file a reply in support of the motion within seven (7) days of service of the non-movant’s response. 3. This provision of this Rule shall apply to Motions to Dismiss, Motions for Judgment on the Pleadings, Motions for Default Judgment, and any other case dispositive motion, i.e., any motion that if granted would resolve a case or a portion of a case.

CRITICAL

For a non-dispositive motion, a party may respond within 7 days after service, and the movant may reply within 3 days after service of the response.

C. Non-Dispositive Motions and other requests 1. For any non-dispositive motion, a party may file a response within seven (7) days of service of the motion. 2. The moving party may file a reply in support of the motion within three (3) days of service of a non-moving party’s response.

WARNING

If additional information is needed in a default matter, the Court may schedule a hearing, at which all parties and counsel must attend; it may permit advance supplemental pleadings or affidavits, cancel the hearing if those materials suffice, or order additional briefing.

F. If the Court needs additional information necessary to determine the amount of damages or to make an investigation of any other matter, including liability, the Court may schedule the matter for a hearing. All parties and all counsel of record shall attend said hearing. When the Court schedules a hearing, the Court may allow the moving party to submit supplemental pleadings/affidavits in advance of the hearing. If the Court finds such supplemental materials sufficient to enable it to enter default judgment, the Court shall cancel the hearing. The Court may also order additional briefing if it determines it needs additional information.

WARNING

The Court may decide a non-dispositive motion before a response is filed; if it grants the motion before the response deadline, the non-moving party may respond and seek reconsideration.

3. The Court may decide any non-dispositive motion without awaiting the filing of any response. However, if the Court grants a non-dispositive motion before the deadline for filing a response as set forth in this provision, the non-moving party may file a response and seek reconsideration of the entry granting the motion.