Ind. Elkhart Cnty. Local Rule LR20-TR7-206

206.1. 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.

206.2. Motions Not Likely to Require Hearing

The following motions may be granted without a hearing and without a response from the non-moving

party:

A. Motion for Initial Enlargement of Time for Answer.

B. Motion to Dismiss complaint by Plaintiff when no answer has been filed.

C. Motion to Dismiss Counterclaim by Defendant when no reply has been filed.

D. Motion to Amend any pleading; such motions may be summarily granted or denied unless the

Court determines that a hearing should be scheduled.

E. Unopposed motion and joint motions.

206.3. 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.

206.4. 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.

206.5. 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, if set by the court, whichever is earlier. This rule shall not apply if the defendant requesting

the motion has already been defaulted on. For this rule to be applicable, the motion must be filed on or

before the original due date. The motion shall include: the date on which the Defendant was served with

the Complaint and Summons; the date Defendant’s response to Plaintiff’s Complaint is due; a statement

that the motion is filed prior to the original date Defendant’s response is due; a statement that the

Defendant has not been defaulted; the date on which the Case Management Conference, if set by the

court, 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, if set by the

court).

206.6. 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 206.5 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 Motion for Enlargement, Modification of Time or Deadline A proposed order that

is substantially similar to the form set out in Order on Enlargement, Modification of Time or Deadline

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 LR20-TR53.5-210.

206.7. 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.

206.8. 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.