IN · rules
Ind. Allen Cnty. Small Cl. Local Rule LR02-TR69-215
Proceedings Supplemental
(A) General Procedure. Proceedings supplemental to execution shall be
governed by Ind. Trial Rule 69 and applicable statutes.
(B) Ten Day Rule. A motion for proceedings supplemental may not be filed until
ten (10) calendar days have elapsed since the date of judgment except by
order of the Court.
(C) Six Month Rule. Except by order of the Court, no proceedings
supplemental may pend for more than six (6) months from the date of its
filing. At the end of the six (6) month period, any pending proceedings
supplemental shall be dismissed. Except by prior order of the Court, no
judgment creditor may file more than four (4) proceedings supplemental per
calendar year against a judgment debtor in a given case.
(D) Scheduling. All proceedings supplemental shall be scheduled on the
claims calendar, unless the judgment creditor specifically requests that the
proceedings supplemental be scheduled on the trial calendar at the time of
filing. The judgment debtor shall be served with the proceedings
supplemental and order to appear at least 20 days prior to the scheduled
date for the proceedings supplemental.
(E) Conduct of Proceedings Supplemental. A judgment debtor or judgment
creditor may request that the proceedings supplemental be conducted
before a Magistrate.
(F) Proceedings Supplemental Report. Following a proceedings
supplemental, the judgment creditor shall file a chronological case summary
entry form notifying the Court regarding the results of the proceedings
supplemental. The report shall be filed no later than one (1) business day
after the proceedings supplemental.
(G) Bank Interrogatories. Except by order of the Court, a judgment creditor
may not submit garnishment interrogatories to more than two (2) banking
institutions for a proceedings supplemental.
(H) Proceedings Supplemental During Pendency of Garnishment Order. If
a garnishment order has been issued and the judgment remains unsatisfied,
an additional proceedings supplemental directed to the
judgment debtor or to another garnishee defendant may only be filed by
order of the Court.
(I) Agreements to Appear. In any proceedings supplemental the parties may
agree to reset the proceedings supplemental without a court order to
appear. If either party fails to appear at the reset proceedings supplemental,
the proceedings supplemental shall be dismissed and no sanctions shall be
issued against either party for the failure toappear.
Adopted effective Jan. 1, 1988; Amended effective June 1, 2020.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-02-allen-local-rules-2016-02-01
- Content hash
91966f00b429d4bab7ffddd1f53a3a13d21a4e9f207a24f4b509c517de976a70
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