Ind. Elkhart Cnty. Local Rule LR20-TR56-207

207.1. Scope of Rule

This rule applies to:

A. Trial Rule 12 Motions.

B. Trial Rule 37 Failure to Make or Cooperate in Discovery.

C. Trial Rule 56 Motions for Summary Judgment.

D. Trial Rule 65 Injunctions and Restraining Orders.

E. Motions to Exclude under Indiana Rule of Evidence 702(a) and 702(b); and

F. Other complex or Dispositive Motions

207.2. Separate Documents

A. Motions must be filed separately, but alternative motions may be filed in a single pleading if each is

named in the title following the caption.

B. The following documents must be filed separately:

1. Motion for Summary Judgment.

2. Memorandum in Support.

3. Designation of Evidence and Table of Contents.

4. Response Memorandum; and

5. Reply memorandum.

C. If no evidence is designated, no separate Designation of Evidence or Table of Contents is required.

207.3. Summary of Argument Required

The Memorandum in Support of Motions for Summary Judgment and Response Memorandum must

contain a Summary of Argument not to exceed two pages and located at the beginning of the

Memorandum.

207.4. Time Limit for Filing a Motion, Response, or Reply

A. All motions are subject to the deadlines provided by statute and the Indiana Rules of Trial

Procedure.

B. RESPONSES: A party must file any response brief to a motion (other than Motions for Injunction

Relief or Restraining Orders) within 30 days after the motion is served. Any response to a Motion

for Injunctive Relief or for a Restraining Order must be filed within 7 days after the motion or

application is served.

C. REPLIES. The moving party must file any reply brief within 10 days after the response is served.

D. EXTENSIONS. The Court may extend a deadline, if allowed by law.

E. SUR-REPLY. Sur-Replies are disfavored and will only be permitted with leave of the court in

extraordinary circumstances. A Request to file a Sur-Reply must be filed no later than five (5) days

after service of a Reply. Entry of service of notice of denial is not required. A Sur-Reply may not

be filed with, nor attached to, the Request. If the Request is granted, the Sur-Reply must be filed

within 10 days after the Request was granted.

F. SUMMARY RULINGS. The Court may rule on a motion summarily if an opposing party does

not file a response before the deadline.

207.5. Page Limits

A. RULE. Supporting and response briefs (excluding tables of contents, tables of authorities, and

appendices) must not exceed twenty-five (25) pages. Reply briefs must not exceed twenty-five

(25) pages. A Sur-Reply must not exceed five (5) pages.

B. EXCEPTION. The Court may allow a party to file a brief exceeding these page limits for

extraordinary and compelling reasons. But if the Court permits a brief to exceed twenty-five (25)

pages, it must include:

1. a table of contents with page references.

2. an issue statement; and

3. a table of authorities, including.

4. all cases (alphabetically arranged), statutes, and other authorities cited in the brief; an

5. references to where the authorities appear in the brief.

207.6. Motions to Strike Designations Submitted in Support of or Opposition to Motions for Summary

Judgment and Motions to Strike Summary Memoranda

A. At the time a Response to Motion for Summary Judgment is filed, the non-moving party’s Motion

to Strike, if any, must also be filed.

B. Upon a motion, the Court may permit a party to file a Supplemental Designation of Evidence in

support of the Reply Memorandum.

C. A party objecting to such a Supplemental Designation must file its Motion to Strike, if any, within

seven (7) days of the Motion to File a Supplemental Designation of Evidence.

D. A Motion to File a Supplemental Designation of Evidence must not exceed the page limits

outlined in E.

E. At the time a Reply Memorandum is filed, the moving party’s Motion to Strike, if any, must also

be filed.

F. A Motion to Strike and supporting argument must not exceed the page limits outlined in section

207.5.

G. Any opposition to a Motion to Strike must not exceed the page limits outlined in section 207.5 and

must be filed no later than seven (7) calendar days after the Motion to Strike is filed.

207.7. Formatting

A. Pagination

1. All the pages of each document listed in section 207.2 must be separately and consecutively

paginated.

2. Every page of each document must contain a page number, beginning with page two (2).

3. The page numbers may be affixed to a page by type, stamp, or handwriting.

4. Page numbers must appear at the bottom of the page and must be formatted to indicate each

page number in relation to the total of the pages in the document (e.g., “Page 1 of 14”; “1 of 14”; “p.

1/14”; “p. 1 of 14”).

B. Designation of Evidence and Table of Contents

1. The first item set out below the caption of the case in the Designation of Evidence and Table of

Contents must be the Table of Contents.

2. The Table of Contents must clearly designate each Exhibit relied upon in the Motion or

Response.

3. Each Exhibit must be affixed with a Title and Exhibit Letter. No document or individual page

may be designated as evidence that does not contain an Exhibit Letter and short Title.

4. The Table of Contents must contain the beginning and ending page number for each Exhibit.

5. The entire Designation of Evidence and Table of Contents must be consecutively paginated (that

is: “Bates-stamped”) in the manner described in section 207.7, beginning with the caption on page 1.

C. Exhibit Designation and Titles

1. Exhibits within the Designation of Evidence and Table of Contents must begin with the letter

“A” and proceed through the alphabet.

2. The Exhibit Title must identify the specific document by its content, such as “Affidavit of Mary

Rose”; “Credit Card Statements 2007-2019”; and “Deposition of John Henry.”

3. The Exhibit Letter and Title of the Exhibit must match the Exhibit Letter and Title as stated in

the Table of Contents.

4. If a document is authenticated or referenced by an Exhibit, it must be marked as a subpart to that

Exhibit and must be specifically and accurately referenced in the authenticating or reference document.

5. As with each Exhibit, each subpart to an Exhibit must be identified in the Table of Contents.

6. If any document contains an Exhibit Letter or Exhibit Number from an earlier filing, the earlier

letter or number must be removed to avoid confusion. However, when necessary to authenticate an

earlier document, the earlier letter or number must remain on that document, and the Exhibit must also

contain and be identified in the Table of Contents by the new Exhibit Letter.

7. Citations must be to the page number referenced in the Table of Contents.

D. Designation of Evidence Earlier Filed. Documents that are designated as evidence that have

already been filed or issued in the case, such as the Complaint, Answer, Orders, the relevant portions of

another party’s designated evidence, extra, must be listed and included in the Designation of Evidence and

Table of Contents and assigned an Exhibit Letter and short Title as required in section 207.3 (3).

207.8. Enforcement of Rule

A. VIOLATIONS OF THIS RULE. If a party files any document in violation of this Rule, the Court,

in its discretion, may issue an appropriate order.

B. DEFECTIVE FILING. If the Court strikes, as a defective filing, a party’s Motion, Designation of

Evidence and Table of Contents, Memorandum, or other filing related to this Local Rule, the Court may

allow the party to cure the defective e-filing within One hundred twenty (120) hours. If the party submits a

cured document within one hundred twenty (120) hours of the striking Order, excluding days the Court is

closed, the document is deemed timely filed as of its original filing.

C. LATE FILINGS. Any motions, memoranda, or other documents filed within forty-eight (48)

actual (not Court business) hours of a hearing generally pertaining to the subject matter of the hearing may

be stricken in the discretion of the Court.