Ind. Allen Cnty. Civ. Local Rule LR02-TR56-09

A. Motions for Summary Judgment.

1. Separate Documents. The following documents shall be filed separately:

1) The Motion for Summary Judgment;

2) Memorandum in Support;

3) Designation of Evidence and Table of Contents;

4) Response Memorandum; and

5) Reply Memorandum.

If no evidence is designated, no separate Designation of Evidence and Table of

Contents are required. Reply Memoranda are permitted, and are addressed below.

Sur-reply memoranda are not permitted, except as set forth below.

2. Pagination. All of the pages of each document listed above shall be separately

paginated consecutively. Every page of each document must contain a page

number, including page one, which includes a title of the document. The page

numbers may be affixed to a page by type, stamp, or handwriting. Page numbers

must appear in the bottom of the page, and must be formatted to indicate each

page number in relation to the total of the pages in the document (e.g., “Page 1 of

14”, “1 of 14”, “p.1/14”, “p.1 of 14”.)

3. Designation of Evidence and Table of Contents. The first item set out below the

caption of the case in the “Designation of Evidence and Table of Contents” shall

be the Table of Contents. The Table of Contents must clearly designate each

Exhibit relied upon in the Motion or Response. Each Exhibit shall be affixed with a

Title and Exhibit Letter. No document or individual page may be designated as

evidence that does not contain an Exhibit Letter and short Title. The Table of

Contents shall contain the beginning and ending page number for each Exhibit.

The entire Designation of Evidence and Table of Contents shall be consecutively

paginated (e.g., “Bates-stamped”) in the manner described under paragraph 2,

beginning with the caption on page one. Appendix F includes a Designation of

Evidence and Table of Contents that conforms to these requirements. A party’s

Designation of Evidence and Table of Contents must be substantially similar to

Appendix F. If the Designation of Evidence and Table of Contents exceeds the

technical size capacity of the IEFS, multiple volumes of the Designation of

Evidence must be filed in a manner that is otherwise consistent with this Local

Rule.

4. Exhibit Letters and Titles Headings in Designation of Evidence and Table of

Contents. Exhibits within the Designation of Evidence and Table of Contents 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”; and “Deposition of John Henry.” The

Exhibit Letter and Title of the Exhibit 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 Exhibit 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 the page number

referenced in the Table of Contents.

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, the relevant portions of another party’s

designated evidence, etc., shall be listed and included in the Designation of

Evidence and Table of Contents and assigned an Exhibit Letter and short Title as

required above.

6. Summary of Argument Requirement. The Memorandum in Support of Motions

for Summary Judgment, and Response Memorandum shall contain a Summary of

Argument, not to exceed two pages, and located at the beginning of the

Memorandum.

7. Memoranda. Absent leave of Court, the Memorandum in Support of Motions for

Summary Judgment, and Response Memoranda Opposing Motion for Summary

Judgment shall not exceed thirty (30) pages or 14,000 words, whichever is greater.

A party may file a Reply Memorandum to the Response to Motion for Summary

Judgment. A Reply Memorandum shall be filed not later than fourteen

(14) calendar days after service of the Response to Motion for Summary

Judgment. Absent leave of Court, a Reply Memorandum shall not exceed six (6)

pages or 2,800 words, whichever is greater. In its discretion, the Court may strike

the Reply Memorandum and not consider a Reply Memorandum that violates this

Rule. There shall be no sur-replies filed absent leave of Court.

8. Motions to Strike Designations Submitted in Support of, or Opposing

Motions for Summary Judgment, and Motions to Strike Summary Judgment

Memoranda. 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. Upon a motion,

the Court may permit a party to file a Supplemental Designation of Evidence in

support of the Reply Memorandum. A party objecting to such a Supplemental

Designation must file its Motion to Strike, if any, within seven (7) days of the Motion

to File a Supplemental Designation of Evidence. The Motion to File a Supplemental

Designation of Evidence shall not exceed six (6) pages or 2,800 words, whichever

is greater. At the time a Reply Memorandum is filed, the

moving party’s Motion to Strike, if any, shall also be filed. The Motion to Strike and

supporting argument shall be paginated as set forth above, and shall not exceed

six (6) pages or 2,800 words, whichever is greater. Any Opposition to a Motion to

Strike shall not exceed six (6) pages or 2,800 words, whichever is greater, and

shall be filed not later than seven (7) calendar days after the Motion to Strike is

filed.

9. Violations of this Rule. If a party files any document in violation of this Rule,

the court, in its discretion, may issue an appropriate Order.

10. Defective Filing. If the Court strikes, as a defective filing, a party’s Motion,

Designation of Evidence and Table of Contents, Memorandum, or other filing

related to this Local Rule, the Court may allow the party to cure the defective e-

filing within seventy-two (72) hours. If the party submits a cured document within

seventy-two (72) hours of the striking Order, excluding days the Court is closed,

the document is timely filed as of its original filing.

B. Other Motions and Responses. All other dispositive or complex motions,

responses, and replies (e.g., Motions to Dismiss, Motions to Strike, Motions for Judgment

on the Pleadings, Motions to Exclude under I.R.E. 702(a) and 702(b), Requests for and

Objections to Jury Instructions, Motions for Preliminary Determination, Motions to

Compel) shall comply with the requirements set out above in Local Rule 9A, regarding

separate documents, pagination, designation, summaries, etc.

C. Late Filings. Any motions, memoranda, or other documents filed within forty-eight

(48) actual (not Court business) hours of a hearing generally pertaining to the subject

matter of the hearing may be stricken in the discretion of the Court.

Adopted 2018, effective December 1, 2018. Former Local Civil Rule LR02-TR7-09

renumbered as Local Civil Rule LR02-TR7-08, 2018. Amended 2019, effective October

31, 2019. Amended effective December 22, 2022.