Ind. Porter Cnty. Local Rule LR64-TR07-4700

4700.10 Continuance. Upon motion of any party, the Court may grant a continuance

only upon showing of good cause and only for so long as necessary, taking into account not only

the request or consent of the prosecution or defendant, but also the public interest in the prompt

disposition of the case. All orders granting continuances shall indicate on which party's motion

the continuance is granted. All motions for continuance or enlargement of time (whether 1st, 2nd,

3rd, etc) shall be made in writing, shall state whether or not opposing counsel objects to the

motion, and shall state whether prior continuances or enlargements have been requested by either

party and whether such prior request was granted. All motions for continuance or enlargement of

time shall denominate in the title of such motion whether it is the first, second, third, etc motion

for continuance or enlargement of time; e.g. Defendant’s Second Motion for Continuance of

Mandatory Disposition Conference.

4700.20 Other Motions. Any application to the Court for an order shall be made

by a written motion, unless made during the trial or the hearing, when the Court permits it to be

made orally.

(A) Unless otherwise provided by law or rule, only the original copy of a motion need be

filed. The original shall state the grounds upon which the motion is made and set forth

the relief or order sought. It may be supported by an affidavit. It shall be accompanied

by a memorandum in support thereof.

(B). All motions shall be signed by an attorney of record, or the defendant personally, and

shall clearly identify the attorney's printed name, their Indiana Attorney Registration

Number, and the name, address and telephone number of the firm with which the attorney

filing same is associated. A rubber stamp or facsimile signature on the original shall not

be acceptable.

4700.30 Proposed Orders to Accompany All Motions. All motions seeking an

Order of the Court shall be accompanied by a sufficient number of proposed Orders to be

executed by the Court in granting the Motion. Proposed Orders continuing a matter or

granting an enlargement of time shall not set forth the new date but shall leave the date

blank for the Court to complete. Proposed Orders submitted to the Court shall include a

list of the names and addresses of all parties or their attorneys and persons to whom the

proposed Order shall be distributed. Such distribution shall include, at a minimum, the

names and addresses of all parties to the action, or their respective attorneys. The

Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial Procedure

shall specifically set forth the name and addresses of the attorney(s), party(ies) or other

persons to whom the document has been sent.

4700.40 State’s Motion to Continue Infraction Bench Trials. If the State

moves to continue an infraction bench trial due to the unavailability of the arresting

officer, it shall follow the above mentioned rule by notifying the Defendant at his/her last

known address of the new infraction bench trial date and file a Certificate of Service

informing the Court that such document has been sent, to what address and on what date.

4700.50 Facsimile Transmissions

As outlined below, facsimile filing is permitted in the Circuit and Superior Courts of

Porter County under the following guidelines:

a. The transmission must be accompanied by a cover sheet meeting the requirements of

the Indiana Supreme Court Administrative Rule 12(D).

b. The transmission must include any proposed orders as required by Local Rule.

c. The transmission may not exceed ten (10) pages in length including the cover sheet.

The ten (10) page maximum limit is applicable whether the sender is faxing on multiple files.

d. The sending party must keep and maintain the transmission log required by Indiana

Supreme Court Administrative Rule 12(B)(3) and (4).

e. The electronic facsimile transmission will not be accepted for filing if its filing

requires the payment of any fee.

f. If the filing requires the immediate attention of the Judge, it shall so indicate in bold

letters in an accompanying transmittal memorandum.

g. Legibility of documents and timeliness of filing is the responsibility of the sender.

h. Facsimile transmissions shall not be accepted by Pro Se litigants.

i. Facsimile transmissions shall be sent directly to the applicable court and only to the

Clerk of Court upon emergency.

j. Upon sending a facsimile transmission to the Court, the sender shall serve it upon all

parties or counsel or record by facsimile or First Class U.S. Mail and file an acknowledgement of

receipt and Certificate of Service via facsimile to the Clerk or Court.

k. A hard copy of the fax transmission shall not also be filed with the Court.

Simultaneous hard copies shall be either returned to the sender or destroyed by Court Staff.

l. Any violations of the ten (10) page limit which results in damage to the Court’s faxing

equipment may subject the violator to sanction, including purchase of new equipment.