Trial Rules

Local Trial Rules




LR29-TR03-201. Filing of Pleadings & Entry of Appearances


201.10 All pleadings shall be filed with the Hamilton County Clerk with the exception of emergency orders under Trial Rule 65.

201.20 All documents filed in any Hamilton County Court, with the exception of exhibits and existing wills, shall be prepared on paper measuring 8.5" x 11".

201.30 All attorneys and pro se litigants shall file appearances complying with Trial Rule 3.1 and Trial Rule 86.

201.40 Withdrawals of appearances by attorneys shall be permitted only with leave of Court.  In both civil and criminal matters, attorneys requesting withdrawal must comply with the provisions of Trial Rule 3.1(H).

201.50 Pursuant to Trial Rule 5(B)(1)(d), the Circuit and Superior Courts of Hamilton County hereby designate the “mail boxes” located in the Clerk’s order book office for service of pleadings upon attorneys who have such boxes.  Pursuant to Trial Rule 86 registered users of the Indiana Electronic Filing System (IEFS) must utilize the IEFS to accomplish service.  Registered users of IEFS by their registration with the system are deemed to have consented to accept notice and service of orders from the Court by electronic mail.

201.60 All pleadings filed with the Court that require a certificate of service shall specifically name the individual party or attorney on whom service has been made, the address, the manner in which service was made and the date when service was made.

201.70 All filings shall be in compliance with the Indiana Rules of Trial Procedure. If the documents received are not in proper form, such deficiencies will not be corrected by court personnel. The Clerk is not required to notify Counsel or litigants of a filing deficiency.


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LR29-TR77-202. Proposed Orders


202.10 Each Motion, Petition or other request for relief shall be accompanied by a proposed order.  Proposed orders must be set forth on a separate page from the motion and must be filed as a separate lead document when the Indiana E-Filing System (IEFS) is used as the means of filing.  Any party in opposition may submit proposed alternative orders to the Court.

202.20 The Court shall not be required to act on any Motion, Petition or other request for relief unless filed in conformity with these General Rules.

202.30 All proposed orders submitted pursuant to these General Rules shall meet the following requirements:

a. Contain a complete distribution list of all attorneys and pro se litigants with full addresses, including email addresses.
b. Stamped envelopes appropriately addressed for each attorney of record and/or pro se litigant on the distribution list.

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LR29-TR00-203. Briefs & Memorandums


203.10 Authorities relied upon which are not cited in the Northeastern Reporter system shall be attached to counsel's brief. If the authority is cited for the first time in oral argument, a copy of the authority may be provided to the Court at the time of the argument. Sufficient copies shall be available to provide counsel for each party with a copy.

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LR29-TR79-204. Special Judges


204.10 After a special judge is selected, the attorneys or pro se litigants shall add to the caption of all pleadings to the right of the case title the following:
“BEFORE SPECIAL JUDGE ______________________________.”

204.20 After a special judge has qualified, a copy of each pleading and Chronological Case Summary entries filed with the Court shall be mailed or delivered to the office of that Special judge by the counsel or pro se litigant with service indicated on the certificate of service.

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LR29-TR00-205. Trial Settings


205.10 All requests to schedule trials and hearings shall be in writing and shall contain the following information:

a. Type of trial or hearing (i.e., jury trial, court trial, final hearing in dissolution, etc.).
b. A good-faith estimate of the total court time needed for the trial or hearing.

205.20 Each request under LR29-TR00-205.10 shall be accompanied by a proposed written order with appropriate blanks for date and time and shall further include reference to those items set forth in LR29-TR00-205.10(a) and (b).

205.30 Every opposing attorney or pro se litigant who receives such an order and disputes the estimate of court time needed for the trial or hearing shall notify the Court in writing within ten (10) days of the receipt of the original order and give their own good-faith estimate of the total court time needed.

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LR29-TR53-206. Continuances


206.10 Motions for continuance shall be in writing and include the following information:

a. The date and time opposing counsel was advised that a continuance will be requested.
b. Whether opposing counsel agrees with or objects to the request.
c. The date and time of the hearing or trial for which a continuance is being sought.
d. The approximate amount of time needed to elapse before the matter can be heard.
e. A good-faith estimate of the time needed for such hearing or trial when rescheduled.

206.20 Unless good cause is shown, no motions for continuance will be considered unless filed at least five (5) days before a court trial or hearing, and at least ten (10) days before a Jury Trial.

206.30 All motions for continuance shall be accompanied by a proposed order in conformity with LR29-TR77-202 and LR29-TR00-205 containing a space for the Court to set a new date for the hearing or trial.

206.40 When an attorney enters an appearance, it is the attorney's responsibility to review the file and become aware of all previously scheduled hearing dates.

206.50 A signature by an attorney on the request for continuance is certification by that attorney that the client has been notified of the request, agrees to the continuance and to the reason for which the continuance is sought.

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LR29-TR16-207. Pretrial Conferences


207.10     An attorney who has the authority to stipulate to pre-trial matters shall attend the pre-trial conference.
207.20     The Court may order the parties to provide written pre-trial entries pursuant to Trial Rule 16 at the pre-trial conference.
207.30     The Court may impose sanctions pursuant to Trial Rule 16(K) and Trial Rule 37 for failure to provide written pre-trial entries.


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LR29-TR00-208. Trials


208.10 Jury trials shall begin promptly at 9:00 a.m. unless otherwise directed by the Court. The attorneys and the litigants shall report at 8:30 a.m. on the first day of trial or at a time as the Court shall direct.

208.20 The Court reserves the right to require advance settlement conferences.

208.30 Court trials shall begin promptly at the time assigned. The attorneys and the litigants are encouraged to arrive substantially in advance of the scheduled time for the purpose of entering into any last minute stipulations or agreements.

208.40 Trials shall adjourn or conclude between 4:00 p.m. and 4:30 p.m. or as the Court shall direct.

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LR29-TR79-209. Coordinated Local Rule of the Courts of Hamilton County, Enacted in Compliance With T.R. 79 (H)


209.10 Pursuant to Trial Rule 79(H) of the Indiana Rules of Trial Procedure, the Circuit and Superior Courts of Hamilton County, in conjunction with the other Judges of Administrative District 12, i.e., Boone County, Clinton County, and Tipton County, Indiana, have adopted the following rule to establish procedures for the selection of special judges in civil cases. Said rule, as approved by the Supreme Court of Indiana, is as follows:
209.20 Within seven (7) days of the notation in the Chronological Case Summary of an order granting a change of judge or an order of disqualification, the parties, pursuant to Trial Rule 79(D), may agree to any judge eligible under Trial Rule 79(J).
209.30 If a special judge is required to be selected under Trial Rule 79(H) then the special judge shall be selected as follows:
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.

209.40
A special judge selected under 209.30 must accept jurisdiction unless disqualified pursuant to The Code of Judicial Conduct or excused from service by the Indiana Supreme Court. The Administrator of Courts for Hamilton County shall maintain a list of the judges eligible for selection under 209.30.20 and a list of the judges eligible for selection under 209.30.30 and shall be contacted by the selecting court each time a judge must be selected from one of those lists. The Administrator of Courts shall provide the name of the next judge on the appropriate list upon a request from the selecting court and then strike the name of the judge selected from that list. The judge selected in this manner shall not be eligible to be selected again from the same list until all the other judges have been selected from that list except as required to avoid certification to the Indiana Supreme Court.
209.50 In the event that no judicial officer within Administrative District 12 is eligible to serve as a special judge or the particular circumstance of the case warrants selection of a special judge
by the Indiana Supreme Court, the judge of the court in which the case is pending shall certify the matter to the Indiana Supreme Court for appointment of a special judge.

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LR29-TR76-210. Transfer of Small Claims, Infraction & Ordinance Violation Cases in the Event of Disqualification


210.10 For the orderly administration of the small claims, infraction, and ordinance violation dockets of Superior Court No. 4, Superior Court No. 5, and Superior Court No. 6, this Rule shall govern in the event that a judge of a small claims, infraction, or ordinance violation case orders a change of judge pursuant to Trial Rule 76(B) or disqualifies himself or herself pursuant to Trial Rule 79(C).
210.20 In the event that the judge of a small claims, infraction, or ordinance violation case in either Superior Court No. 4, Superior Court No. 5, or Superior Court No. 6 orders a change of judge pursuant to Trial Rule 76(B) or disqualifies himself or herself pursuant to Trial Rule 79(C), a special judge shall be selected by the Clerk by random selection of one of the remaining two (2) courts (i.e., either Superior Court No. 4, Superior Court No. 5, or Superior Court No. 6 as applicable).


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LR29-TR65-212. Dissipation of Assets & Removal of Children from the State


212.10 In any Domestic Relations case filed in Hamilton County, the parties shall not, without hearing or security:

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.
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LR29-TR56-213. SUMMARY JUDGMENT REQUIREMENTS


213.10 MOTIONS FOR SUMMARY JUDGMENT.
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; and
(2) Designation of Evidence
If no evidence is designated, separate Designation(s) of Evidence are not required.
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:
(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.).
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.
213.30 MOTIONS TO STRIKE. At the time a Response to Motion for Summary Judgment is filed, the non-moving party’s Motion to Strike, if any, shall also be filed. At the time a Reply Memorandum is filed, the moving party’s Motion to Strike, if any, shall also be filed. A Motion to Strike shall be paginated as set forth above (see 213.10, d.), and shall not exceed the greater of six (6) pages or 2,800 words. Any Opposition to a Motion to Strike shall not exceed the greater of six (6) pages or 2,800 words and shall be filed not later than seven (7) days after the Motion to Strike is filed. Motions to Strike and Oppositions to Motions to Strike exceeding the page limits shall contain a Word Count Certificate as described above (see 213.10, c.).
213.40 SUR-REPLY. Sur-Replies are disfavored and will only be permitted with leave of the court in extraordinary circumstances. A Request to file a Sur-Reply shall be filed no later than five (5) days after service of a Reply. Unless such a Request is ruled upon within five (5) days it shall be deemed denied and entry of service of notice of such denial shall not be required. A Sur-Reply may not be filed or submitted with, nor attached to, the Request. If the Request is granted, the party shall file a Sur-Reply no later than ten (10) days after the Request was granted. A Sur-Reply shall not exceed the greater of five (5) pages or 2,350 words. In all other respects, a Sur-Reply shall be filed in accordance with this rule.
213.50 VIOLATIONS OF THIS RULE. Violations of this rule may result in the court issuing an appropriate order concerning such violation. Sanctions for such violations may include, but are not limited to, the striking of the offending documents in whole or in part.



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