“BEFORE SPECIAL JUDGE ______________________________.”
209.30.10 If the case was originally filed in a court of record in Hamilton County, then the judge will be selected randomly from among the regular judges and full time judicial officers of Hamilton County subject to existing local rules regarding case allocation and transfer.
209.30.20 If the case was originally filed in a court of record in Boone, Clinton or Tipton County, then the judge will be selected on a rotating basis from among the regular judges of those counties subject to all local rules in each individual county regarding case allocation and transfer.
209.30.30 If for any reason a judge cannot be selected by the above methods then the special judge shall be selected on a rotating basis from among all the regular judges of the District not already disqualified.
a. Transfer, encumber, conceal, sell or otherwise dispose of any joint property of the parties or asset of the marriage except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the Court; and/or
b. Remove any child of the parties then residing in the State of Indiana from the State with the intent to deprive the Court of jurisdiction over such child without the prior written consent of all parties or the permission of the Court.Back to Top
a. Separate Documents. When motions and/or subsequent responses permitted by Trial Rule 56 (“TR 56”) are filed, the following documents shall be filed separately:
(1) Memorandum in Support; andIf no evidence is designated, separate Designation(s) of Evidence are not required.
(2) Designation of Evidence
b. Timing. Time limits shall be in accordance with TR 56. Unless a Case Management Order or other court order provides differently, any motion filed pursuant to TR 56 must be filed at least 90 days prior to any scheduled trial date. A Reply, which may be filed without request or permission, if filed, shall be filed not later than fourteen (14) days after service of the Response.
c. Memorandum Length Limits. Absent leave of the court, the Memorandum in Support and the Response Memorandum shall not exceed the greater of thirty (30) pages or 14,000 words. The Reply Memorandum shall not exceed the greater of ten (10) pages or 4,700 words. A Memorandum exceeding the page limit requirement of this rule must contain a Word Count Certificate certifying the number of words contained in the Memorandum, exclusive of the case caption, the signature block at the end of the Memorandum, the Certificate of Service, and the Word Count Certificate. The Word Count Certificate shall appear at the end of the Memorandum before the Certificate of Service. The filing party certifying a word count may rely on the word count feature of the word processing system or software used to prepare the Memorandum.
d. Memorandum Form and Pagination.
(1) Summary of Argument Section. The Memorandum in Support of a Motion for Summary Judgment, and the Response to the Motion for Summary Judgment, shall contain a Summary of Argument section located at the beginning of the Memorandum.
(2) Separate and Consecutive Pagination. All pages of each document listed above shall be separately and consecutively paginated. The page numbers may be affixed to a page by type, stamp, or handwriting. Page numbers must appear at the bottom of the page.
(3) Pinpoint References. Any reference to the Designation of Evidence must specifically identify the referenced exhibit and, where possible, the page number, numbered paragraph, or line number. Entire exhibits of more than a single page should never be referenced without more specific identification.
e. Designation of Evidence.
(1) Volumes. A Designation of Evidence shall consist of a Table of Contents (see 213.10, e. (3) below) and one or more additional volumes, and each volume shall be limited in size to the lesser of two hundred fifty (250) pages or 25 megabytes (25MB). The front page shall be included in the two hundred fifty (250) page limit of this rule. Conventionally filed volumes shall be bound with a single staple or binder clip and shall not be bound in book or pamphlet form.
(2) Numbering. Each volume of a Designation of Evidence shall be independently and consecutively numbered at the bottom of the page (see 213.10, d. (2) above) without obscuring the page numbers existing on original documents. Each volume shall begin with a numeral one on the first page. Therefore, if more than one volume is filed, each volume should begin with page one.
(3) Table of Contents. A Designation of Evidence shall contain a single Table of Contents for the entire designation, which shall be submitted at the beginning of Volume I. If more than one volume is required, pursuant to 213.10, e. (1) above, then Volume I will consist of the Table of Contents only and the designated evidence will begin in Volume II. The Table of Contents must clearly designate each Exhibit relied upon in the Motion or Response and contain the beginning and ending page number for each Exhibit.
(4) Exhibits. Each Exhibit shall be marked on its first page with an Exhibit Letter and short Title. No document or individual page may be designated as evidence that does not contain an Exhibit Letter and a short Title. In each Designation of Evidence, Exhibits shall begin with the letter “A” and proceed through the alphabet. The Exhibit Title shall identify the specific document by its content, such as “Affidavit of Mary Rose;” “Credit Card Statements 2007-2019;” or “Deposition of John Henry.” The Exhibit Letter and Title shall match the Exhibit Letter and Title as stated in the Table of Contents. If a document is authenticated or referenced by an Exhibit, it shall be marked as a subpart to that Exhibit and shall be specifically and accurately referenced in the authenticating or referencing document. As with each Exhibit, each subpart to an Exhibit shall be identified in the Table of Contents. If any document contains an Exhibit letter or number from an earlier filing, the earlier letter or number shall be removed to avoid confusion. However, when necessary to authenticate an earlier document, the earlier letter or number shall remain on that document, and the Exhibit shall also contain and be identified in the Table of Contents by the new Exhibit Letter. Citations must be to Exhibit Letter and page number referenced in the Table of Contents (for example, Pl.’s Desig. Of Evid. Vol. II, Ex. B at p.15).
(5) Designated Evidence that is Earlier Filed/Issued in the Case. Documents that are designated as evidence that have already been filed or issued in the case, such as the Complaint, Answer, Orders, etc., shall be listed and included in the Designation of Evidence and assigned an Exhibit Letter and short Title as required above.
f. Supplemental Designation of Evidence. The moving party’s evidence supporting its Motion for Summary Judgment shall be submitted in its Designation of Evidence filed with its Motion and Supporting Memorandum. In extraordinary circumstances, and only with leave of the court, the moving party may submit evidence with a Reply Memorandum through a Supplemental Designation of Evidence only:213.20 REPLY MEMORANDUM. A moving party’s Reply Memorandum may not raise any new issue not raised in the moving party’s principal Motion and Supporting Memorandum. However, this prohibition shall not prevent the moving party from responding to arguments made in the non-moving party’s Response Memorandum.
(1) When the moving part acquired the evidence for the first time after filing its Motion for Summary Judgment; or
(2) To respond to evidence submitted in the non-moving party’s Designation of Evidence. A Supplemental Designation of Evidence shall conform to the requirements set forth above (see 213.10, e.).