Ind. Marion Super. Ct. Commitment to Respect and Civility

COMMITMENT TO RESPECT AND CIVILITY

I will maintain the highest level of professional integrity and personal courtesy in all dealings with parties,

counsel, witnesses and courts.

I will advise clients that I am bound by the responsibilities and restrictions set forth in the Rules of Professional

Conduct in all matters relating to the handling of their cases.

I will pursue the advancement of clients’ legitimate objectives, but I will not participate in litigation based upon

vengeance or other inappropriate emotions.

I will use legal procedures for the fullest benefit of clients without misusing or abusing the legal process.

I will not intentionally speak or act in an abrasive, hostile, offensive or acrimonious manner toward parties,

counsel or courts.

I will not knowingly misstate, mischaracterize or fail to disclose relevant facts or legal authority.

I will familiarize myself with and comply with all requirements of the common law, the trial rules, the local

rules, and the court policy and procedure.

I will endeavor to have clients fully disclose assets and liabilities, informally exchange information and confer

with opposing counsel to discuss settlement, stipulate undisputed matters, and identify issues prior to scheduled

hearings.

I will strive to reach agreements on procedural and preliminary matters consistent with clients’ legitimate

objectives.

I will honor promises and commitments in an effort to raise the level of professionalism and civility.

I will, whenever possible, encourage clients to reach amicable settlement of all issues after careful review of

statutes and reasonable consideration of the risks, costs, delay and emotional trauma of trial.

I will not seek judicial intervention in matters that can be resolved through cooperation and communication

between counsel and parties.

I will not resort to ex parte proceedings in the absence of extreme emergency, as the interests of justice and fair

play mandate notice to the opposing party.

I will not abuse time limitations set by courts, will be punctual and prepared for all court appearances and I will

notify the court promptly when a case has been settled or must be continued.

I will prepare clients and witnesses for court appearances and advise them of the conduct required of them in

order to promote the prompt and efficient administration of justice and to avoid conduct that brings disorder,

disruption and disrespect upon the courts.

________________________ _______________________________________

Date Signature

IN THE MARION SUPERIOR COURT

APPEARANCE FORM

Initiating / Responding Party / Intervening Party

(Caption) ) Cause No. _______________________________

) (To be supplied by Clerk when case is filed.)

)

Check if Pro Se

1. ________________________________________________________________

Name of party

2. Attorney information (as applicable for service of process): (Pro Se litigants must complete this)

Name: ___________________________________ Atty. Number:_______________________

Address: __________________________________ Phone: ____________________________

__________________________________________ FAX: _____________________________

__________________________________________ Email Address:______________________

3. Will accept Fax service: Yes ______ No ________

4. Are there now or have there been within the last twelve months pending related cases?

Yes _____ No _____ If yes, list case and cause number below:

If the caption has a name other than that of the parties, please explain.

Caption _____________________________________ Cause No. _________________________

Status_______________________________________________

Caption _____________________________________ Cause No. _________________________

Status_______________________________________________

Caption _____________________________________ Cause No. _________________________

Status_______________________________________________

5. Additional information required by state or local rule:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

6. This appearance form has been served on all parties and/or counsel.

7. I have reviewed and discussed the Commitment to Respect and Civility with my client and agree to

aspire to its goals.

___________________________________

Attorney or Pro Se Signature

_____________________________________

Printed

Pursuant to Trial Rule 3.1, this form shall be filed upon the first appearance in the case. In

emergencies, the requested information shall be supplied when it becomes available. Parties

shall advise the court of change in information previously provided to the court. The Division of

State Court Administration has approved this format.

PURSUANT TO TRIAL RULE 3.1(E), THIS APPEARANCE FORM SHALL BE

UPDATED PROMPTLY SHOULD THERE BE ANY CHANGE IN OR SUPPLEMENT

TO THE INFORMATION PREVIOUSLY SUPPLIED TO THE COURT

STATE OF INDIANA ) IN THE MARION SUPERIOR COURT

) SS: CIVIL DIVISION, ROOM ____

COUNTY OF MARION ) CAUSE NO. ______________________

_________________________________ )

)

_________________________________ )

)

Plaintiff(s), )

)

VS. )

)

_________________________________ )

)

_________________________________ )

)

Defendant(s). )

NOTICE AND ORDER FOR SETTLEMENT CONFERENCE

This matter, having come before the Court on Plaintiff’s Complaint for Decree of

Foreclosure, and the Court, being duly advised in the premises, now finds that it is appropriate to

schedule this matter for a settlement conference.

IT IS THEREFORE ORDERED BY THE COURT:

1. That this matter is scheduled for a settlement conference to be held on the ______ day

of _______________, 20___ at ________ a.m./p.m. Defendant(s),

__________________________________________________, is/are to appear in this

Court, in person and, if represented by counsel, with said counsel. Plaintiff(s)

_________________________________________ is/are to appear, by counsel and

by an authorized officer of Plaintiff(s), either in person or by telephone on the above-referenced date and time. If Plaintiff(s) elects to be available by telephone only,

Plaintiff(s) shall call the Court at the appropriate time and at the following telephone

number: (317) _____________________. The Defendant(s) shall execute the

enclosed Confirmation of Attendance form and return said confirmation to the Court

office within fifteen (15) days following receipt of this Notice.

Failure to execute the Confirmation of Attendance within fifteen (15) days will

result in cancellation of the settlement conference. If the parties choose to conduct

the Settlement Conference at an alternate location, date and time, Plaintiff’s counsel

is to notify the Court in writing.

2. To adequately assess the loss mitigation options available, the homeowner or primary

borrower shall mail copies of the following documents to the Court and to the lender’s

attorney at least 7 days prior to the settlement conference.

(a) two (2) most recent pay stubs;

(b) two (2) most recent bank statements;

(c) two (2) most recent tax returns;

(d) a worksheet containing the Defendant(s) monthly expenditures (sample

attached).

(e) Financial documents must be provided to Plaintiff’s attorney seven

(7) days prior to the settlement conference.

3. During the course of the settlement conference, Plaintiff(s), by counsel, and through

the corporate representative, shall convey and explain, as necessary, any and all loss

mitigation options which may be available to the Defendant(s). Those options may

include one or more of the following:

(a) Repayment Plan: The amount past due on your loan would be spread out

over a certain time period.

(b) Modification: A loan modification is a written agreement between you

and the lender that permanently changes the terms of the loan.

(c) Deed in Lieu of Foreclosure: You would transfer ownership of your

home to the lender. You would be given a short period of time to move

from your home. You would receive a full release of your debt, or a

substantial reduction of the debt.

(d) Reinstatement of Your Loan: You would pay the total amount past due

in one lump sum

(e) Sell Your Property: This means that your property would be sold by you

prior to the foreclosure. Approval is required if your sale does not pay

off your lender in full.

4. The settlement conference shall be an informal process. No evidence will be taken at

the settlement conference nor any findings be made as to the allegations of Plaintiff’s

Complaint or any responses thereto filed by or on behalf of the Defendant(s). The

parties hereto shall be prepared to negotiate, in good faith, an amicable resolution of

the pending matter and shall have the authority to enter into a binding agreement at

the conclusion of the settlement conference.

SO ORDERED this ________ day of _________________, 20___.

________________________________________

JUDGE, MARION SUPERIOR COURT

DISTRIBUTION:

Attorney(s) of Record

Defendant(s)

) SS: CIVIL DIVISION, ROOM ____

COUNTY OF MARION ) CAUSE NO. ______________________

)

Plaintiff(s), )

)

VS. )

)

Defendant(s). )

DEFENDANT(S) CONFIRMATION OF ATTENDANCE

AT SETTLEMENT CONFERENCE

The Defendant(s), __________________________________________________

in the above-captioned cause, confirm that they _____ will _____ will not be attending

____ in person or ____ by telephone, the Settlement Conference scheduled to take place in

this Court on the ______________________________________________ day of

________________________________________________________ , 20____ at

___________ a.m./p.m.

This Confirmation is to be filed with the Court within fifteen (15) days of receiving

the Notice and Order for Settlement Conference from this Court.

If the Defendant(s) will not be attending the Settlement Conference, please state the

reason:

Dated:

Signature of Defendant(s):

MARION SUPERIOR COURT