Ind. Elkhart Cnty. Local Rule LR20-TR16-219

219.1. Purpose of Pre-trial Procedure

This rule is intended to accomplish the original purpose of pre-trial procedure – to simplify the issues,

make cases easier, quicker, and less expensive for the Court, lawyers, and litigants and to aid the efficient

preparation of a case.

219.2. Pre-trial Conference

A pre-trial conference of Court and counsel may be scheduled by the Court on its own motion or at the

request of counsel for any party in any civil case in which, in the discretion of the Court, possible problems

can be identified, the course and progress of the case, the necessity, sequence, and scope of discovery

should be anticipated, planned, scheduled, or estimated for the orderly and expeditious handling of it by

Court and counsel. At the pre-trial conference, the Court may designate deadlines for discovery,

dispositive motions, or alternative dispute resolution. The Court may also provide the parties with

proposed dates for trial, additional pre-trial conferences, and/or require the filing of a pre-trial order.

Notice as directed by the judicial officer conducting the conference.

219.3. Alternative Dispute Resolution

On the Court’s own motion or initiative, the parties may be required to attempt alternative dispute

resolution (ADR). Such ADR efforts may include, at the Court’s discretion, mediation and/or settlement

conferences and may require one or more sessions or sessions lasting a specific amount of time.

One or more of the parties may request that the Court order the parties engage in ADR. Such a request

must be in writing and must be accompanied by a memorandum informing the Court of the nature of the

case, the attorneys or unrepresented litigants involved, and a history of the settlement negotiations that

have taken place to that date and that the previous settlement negotiations made in good faith have failed.

At any mediation or settlement conference, counsel for each party shall be present, in person, virtually or

as ordered by the court and each party or a designated representative having complete authority to settle

the matter in question shall be present in person, virtually or as ordered by the court. Any party intending

to appear by a designated representative shall advise all other parties to the mediation or settlement

conference of that fact and of the identity of the designee not fewer than ten (10) days prior to the

commencement of the mediation or settlement conference. Failure to participate in good faith in person,

virtually or as ordered by the court may result in sanctions.

219.3.1. Mortgage Foreclosures on Real Estate

Settlement Conferences pursuant to Indiana Code 32-30-10.5-10 shall be conducted.

219.4. Adequate Preparation for Pre-trial Conference

The purpose of the pre-trial conference is to narrow and simplify the issues for trial and to expedite the

trial, counsel shall report for such a conference with the Judicial Officer after full preparation including an

adequate meeting of counsel as contemplated by Trial Rule 16(c). In all cases counsel shall be prepared to

indicate to the Court whether the case may be tried to a jury of six and whether the Judicial Officer may

conduct all the voir dire examination of prospective jurors or the initial voir dire examination with

supplemental inquiry by counsel.

219.5. Completion of Discovery

In cases in which a preliminary pre-trial conference has been held under Rule 219, discovery shall be made

in accordance with the scheduling thereof then ordered. In cases in which no preliminary pre-trial

conference has been held, all discovery shall be completed prior to the pre-trial conference and no

discovery shall be conducted thereafter unless, upon motion or stipulation showing good cause therefore,

an order is entered permitting further discovery within time to be prescribed by the Court.

219.6. Attendance by Trial Counsel Required

Unless otherwise directed by the Court, each pre-trial conference shall be attended without exception by

any party proceeding as an unrepresented litigant and at least one of the attorneys for each of the parties

who will participate in the trial of the case and who shall be authorized to deal comprehensively with all

subjects on the agenda. Attendance may be in person, virtually or as ordered by the court. Failure to

participate in good faith is subject to sanctions.

219.7. Failure to Attend

Failure to attend and adequately participate in pre-trial conferences as intended by Trial Rule 16 may

result in reassignment of the cause to the bottom of the appropriate assignment list, issuing an order

pursuant to Trial Rule 41(E), and/or the imposition of appropriate sanctions.

219.8. Setting for Trial

Civil cases may be set for trial at the pre-trial conference or as otherwise directed by the assigned Judicial

Officer.