Ind. Elkhart Cnty. Local Rule LR20-TR12-216

216.1. Supporting Memorandum of Law

All pleadings and motions filed pursuant to Trial Rules 12 and 56 shall be accompanied by a separate

supporting brief. An adverse party shall have thirty (30) days after service of the motion in which to serve

and file an answer brief. Subject to Court approval, the moving party may file a reply brief. In all other

motions or matters submitted to the Court, and so long as consistent with Indiana Rules of Procedure, an

adverse party wishing to respond shall do so within fifteen (15) days of service. Each motion shall be

separate, while alternative motions filed together shall each be identified on the caption. Failure to file an

answer brief or reply brief within the time prescribed shall be deemed a waiver of the right thereto and

shall subject the motion to summary ruling.

216.2. Hearing; Hearing Date; Opposing Memorandum

Hearing dates should be requested by the parties.

216.3.1. Notice to Parties in Mortgage Foreclosure (MF) Causes of Action

A party filing a mortgage foreclosure (MF) cause of action shall cause to be served on the resident a copy

of the Notice Concerning Mortgage Foreclosure, Mortgage Foreclosure Notice. Should the plaintiff fail to

comply with the rule, the Court may refuse to enter default judgment, refuse to grant judgment on the

pleadings or take similar action until compliance is demonstrated. Additionally, should plaintiff’s failure

to comply with this rule result in additional costs to the defendant, the Court may order the plaintiff to pay

reasonable expenses, including attorney fees, that are related to the plaintiff’s noncompliance. For further

information see: Indiana Code 32-30-10.5.

216.3.2. Notice to Unrepresented Parties Regarding Trial Rule 56 Motions

Notwithstanding any other rule of court, if a party is proceeding as unrepresented and an opposing party

file a motion for summary judgment, counsel for the moving party must serve a notice upon the

unrepresented party. Summary Judgment Notice

216.4. Required Notices to Parties

216.5. Appearance by Counsel at Scheduled Hearings

Whenever the Court schedules a hearing on a motion pursuant to Trial Rule 12 or 56, counsel for all

represented parties shall appear in person or by local co-counsel at such hearing.