Ind. Porter Cnty. Local Rule LR64-TR05-3300

3300.10 Notice. When a motion requires notice, the serving of the copy of the

motion upon the other parties in the cause shall constitute notice of filing same. If the motion

requires a hearing or oral argument, the Court shall set the time and place of hearing or argument

on the motion.

3300.20 Setting Motions for Hearing. Except for motions to correct error or those

described in LR64-TR-3300.40, all motions shall be set for hearing at the time of their filing. It

shall be the responsibility of the movant or the movant's attorney to secure the date of such hearing

from the Court personnel who maintain the calendar for each of the Judges or Magistrates. It shall

also be the responsibility of the movant to coordinate the hearing date with all opposing counsel.

3300.30 Motions to Correct Error. Any party may request a hearing upon a

motion to correct error by filing a written request therefore by separate instrument at any time

before the Court has ruled upon such motion. It shall be discretionary with the Judge before

whom the cause is pending whether a hearing shall be held on such motion to correct error.

3300.40 Motions Not Likely to Require Hearing. At the time of filing, a moving

party shall bring the following motions to the attention of the Judge assigned:

(1) Motion for Enlargement of Time;

(2) Motion to Reconsider;

(3) Motion for Change of Venue from County;

(4) Motion for Change of Judge;

(5) Motion to Dismiss Complaint by Plaintiff when no Answer has been filed;

(6) Motion to Dismiss Counterclaim by Defendant when no reply has been filed;

(7) Trial Rule 37 (A) Motions to Compel Responses to Interrogatories (pursuant to T.R.

33), or to Requests for Production (pursuant to T.R. 34).

3300.50 Summary Denial of Motions. Motions described in LR64-TR03- 3300.40(1-

7)shall be summarily granted or denied ex- parte unless the Judge, in the Judge's discretion,

determines that a hearing should be scheduled on any such motion and schedules a hearing.

3300.60 Oral Arguments on Motions and Other Pleadings. When an oral

argument is requested, the request shall be made by separate instrument and filed with the pleading

to be argued. Any such oral argument requested may be heard only at the discretion of the Court,

except on Motions for Summary Judgment or Motions to Dismiss pursuant to T.R. 41(E), which

cannot be granted without hearing.

3300.70 Enlargement of Time. An initial written motion for enlargement of time pursuant

to T.R. 6(B)(1) to respond to a claim shall be automatically allowed for an additional thirty (30)

days from the original due date with a written order of the Court. Any motion filed pursuant to this

Rule shall state the date when such response is due and the date to which time is enlarged. The

motion must be filed on or before the original due date or this rule shall be inapplicable. All

subsequent motions shall be so designated and will be granted only for good cause shown.

3300.80 Briefs and Memoranda Regarding Motions. Any brief or memorandum in

support of any motion shall accompany or be filed simultaneous with the motion, and a copy shall

be promptly served upon the opposing party. If the opposing party desires to file a brief or

memorandum, that party must do so within ten (10) days of service of the movant's brief or

memorandum. If the moving party desires to file a reply brief or memorandum, that party must do

so within five (5) days of service of the response, brief or memorandum.

3300.90 Motions to Strike or to Insert New Matter. Subject to T.R. 12(F) every

motion to insert new matter or to strike out any part of any pleading in a cause shall be made in

writing and shall set forth verbatim each set of words to be inserted or stricken. Each set of words

to be inserted or stricken shall be designated in a separate specification, numbered consecutively.

3300.100 Motion to Reconsider Rulings. A motion to reconsider a ruling of the Court

on any motion must be in writing and must be served personally upon the ruling Judge. A motion

to reconsider must be filed within fifteen (15) days of the ruling said motion addresses.

3300.110 Motions to Compel Discovery. Upon application of any party who has served

a request for discovery pursuant to T.R. 33 or T.R. 34, the Court shall, if it finds that the party to

whom the interrogatories or request were directed has not responded within the time allowed, and

that the moving party has complied with Trial Rule 26(F), order the non-responding party to

respond within a period of time not less than ten (10) days after entry of the Court's Order. The

Court may, upon written request and for good cause shown, shorten or extend such time as it deems

appropriate.

3300.120 Responsibility for Notice. It shall be the responsibility of the movant to give

notice to opposing parties of all hearings scheduled on motions.

3300.130 Telephone Argument. The Court, on its own motion or at a party's

request, may direct argument of any motion by telephone conference. At the conclusion thereof,

the Court may announce its order orally or may take the matter under advisement; but in either

event, any order issued thereon shall be reduced to writing and a copy sent to the parties. The

Court may further direct which party shall arrange and pay for the cost of the telephone calls.