Ind. Allen Cnty. Civ. Local Rule LR02-TR69-17

A. Ten Day Rule. Except for good cause shown, a motion for proceedings

supplemental may not be filed until ten (10) calendar days have elapsed since the date

of judgment.

B. One Year Rule. Except for good cause shown, no proceedings supplemental may

pend for more than a one (1) year period from the date of its filing. At the end of the one

(1) year period, the proceedings supplemental shall be dismissed. Except upon good

cause shown, no judgment creditor may file more than four (4) proceedings

supplemental per year against any individual judgment debtor in a given case.

C. Conduct of Hearings. If the judgment creditor is not represented by an attorney, the

hearing shall be conducted by the Court when requested. If no judgment creditor or if no

judgment creditor’s attorney appears after fifteen (15) minutes past the scheduled

hearing time, the proceedings supplemental shall be dismissed, no garnishment order

shall issue, and the judgment debtor may leave without risk of sanction for failure to

appear. If the judgment debtor fails to appear after fifteen (15) minutes of the scheduled

hearing time, a judgment creditor who appears may be entitled to a garnishment order

issued by the court, or may proceed with the contempt proceedings provided in LR02-

TR69-19, or may seek other relief. A judgment creditor seeking relief under a Motion for

Rule to Show Cause shall not file such motion until after a proceedings supplemental

hearing is held and after the judgment debtor or defendant garnishee fails to meet the

criteria of the resulting order. A judgment creditor may not simultaneously seek relief

under a Motion for Rule to Show Cause and a garnishment order.

D. Proceedings Supplemental During Pendency of Garnishment Order. If a

garnishment order has been issued and remains unsatisfied, additional proceedings

supplemental directed to the judgment debtor or to an additional garnishee defendant

may be filed only by order of the Court for good cause shown.

E. Hearing Report. Following a proceedings supplemental hearing, the judgment

creditor shall file a Proceeding Supplemental Report to the Court (Appendix E), notifying

the Court of the hearing outcome and, when necessary, attach an appropriate proposed

Order. The required Proceeding Supplemental Report to the Court shall include the

following information, where applicable:

1. Identify the parties who appeared and/or failed to appear, and whether each

party was represented by counsel or unrepresented;

2. State whether proof of service of the proceedings supplemental or contempt

citation hearing was perfected;

3. If service was perfected, and the judgment debtor or garnishee defendant fails

to appear, whether the judgment debtor or garnishee defendant is:

a. contempt citation eligible;

b. body attachment eligible; or,

c. garnishment order eligible; and,

4. If proceedings supplemental hearing was conducted and the judgment debtor

or garnishee defendant appears, whether the proceeding was dismissed,

whether a garnishment order is requested, and all other relevantinformation;

If no Proceeding Supplemental Report to the Court is filed within ten (10) days of the

hearing, the proceedings supplemental shall be dismissed.

Adopted as Superior Civil Rule 17, September 8, 2000, effective November 1, 2000.

Renumbered as Superior and Circuit Civil Rule 69-1, and amended effective December

7, 2006. Amended October 3, 2008, effective January 1, 2009. Amended and

renumbered as Superior and Circuit Civil Rule TR69-17 effective January 1, 2015.

Amended in 2018, effective December 1, 2018.