Ind. Allen Cnty. Civ. Local Rule LR02-TR7-08

A. Setting Motions for Hearing. Except for the motions described in LR02-TR7-

08(D) below, all motions shall be set for hearing. It is the responsibility of the

moving party to request a hearing from the Court.

B. Motions to Correct Error. It shall be discretionary with the Judge before whom

the case is pending whether a hearing will be set on a motion to correcterror.

C. Motions to Amend Pleadings. All motions to amend pleadings must contain a

written representation of the moving party’s attorney that the attorney has

advised opposing counsel of the substance of the motion and that opposing

counsel either consents or objects to the motion or that the motion may be

submitted for ruling by the Court without hearing or briefing. Upon being advised

of opposing counsel’s objection, the moving party’s attorney shall request a date

for hearing, as prescribed above in section A of this rule.

D. Motions Not Likely to Require Hearing. The following motions may be granted

without a hearing and without a response from the non-moving party:

(1) Motion for Initial Enlargement of Time for Answer;

(2) Motion to Dismiss complaint by Plaintiff when no answer has beenfiled;

(3) Motion to Dismiss Counterclaim by Defendant when no reply has been filed;

(4) Motion to Amend any pleading; such motions may be summarily granted or

denied unless the Court determines that a hearing should bescheduled;

(5) Unopposed motion and joint motions.

E. Briefs and Memoranda Regarding Motions. If a party desires to file a

memorandum in support of any motion, the memorandum should be filed

simultaneously with the motion.

F. Motions to Strike or to Insert New Matter. Subject to Trial Rule 12(F), every

motion to insert new matter or to strike out any part or parts of any pleading,

deposition, report, order or other document in a case shall be made in writing and

shall set forth the words sought to be inserted or stricken. Each set of words to

be inserted or stricken shall be in a separate specification and each specification

shall be numbered consecutively.

G. Initial Enlargement of Time for Answer. An initial written motion for

enlargement of time to file an Answer shall be automatically allowed for an

additional thirty (30) days from the filing of the motion, or until two (2) days before

the Case Management Conference, whichever is earlier. This rule shall not

apply if the defendant requesting the motion has already been defaulted. For this

rule to be applicable, the motion must be filed before the Case Management

Conference is conducted. The motion shall include: a statement that the

Defendant has not been defaulted; the date on which the Case Management

Conference is currently set to be conducted; and the new proposed deadline for

the Defendant to file the Answer (which shall be at least two days before the

scheduled Case Management Conference). A form of this motion is provided at

Appendix D.

H. Enlargement/Modification of Time/Deadlines for All Matters Other Than an

Initial Enlargement to Answer a Complaint. A motion for enlargement of time

to file any response (other than to file an Initial Enlargement to Answer a

Complaint as permitted in section G of this rule), and a motion to modify any

other deadline (other than hearing dates or trial dates) shall be verified, shall

state the grounds for the requested relief with particularity, shall state the date

the original response is due, shall state the new date the moving party proposes

for the response is to be due, shall list all future conferences, hearings and trial

dates set in the case, and shall state whether the other parties agree with or

object to the motion. The motion shall be in the form provided at Appendix G(1).

A proposed order that is substantially similar to the form set out in Appendix G(2)

- Order Amending Deadlines, modified for the particular motion, shall also be

filed. A party’s failure to strictly comply with these requirements may subject the

motion to summary denial. Motions to modify court conferences, hearing dates

and trial dates are governed by Local Rule LR02-TR53.5-12.

I. Motions Must Be Filed Separately. Motions must be filed separately from other

pleadings, proposed Orders, and other motions. Otherwise, such motions are

considered “dual pleadings,” and will be stricken from the Record.

J. Trial Rule 12 Defenses. A motion to dismiss asserting Trial Rule 12 defenses

must be filed separately from the Answer. The Court will not rule on defenses

asserted under Trial Rule 12 until the party who raised the defense files a motion

separate from its Answer.

Adopted as Superior Civil Rule 9, September 8, 2000, effective November 1, 2000.

Amended and effective, 2003; renumbered as Superior and Circuit Civil Rule 7-1, and

amended effective December 7, 2006. Amended October 3, 2008, effective January 1,

2009. Amended and renumbered as Superior and Circuit Civil Rule TR7-09 effective

January 1, 2015. Amended in 2018, renumbered as Local Civil Rule LR-02-TR7-08, and

effective December 1, 2018. Former Local Civil Rule LR02-TR-7-09(H), regarding

Discovery Disputes renumbered as LR02-TR33-23(H), 2018. Amended 2019, effective

October 31, 2019. Amended May, 2020.