By Mag. Kimberly Dean Mattingly, Marion Superior Court
As lawyers, we were trained to embrace rules. Rules rule, right?! In addition to the Local Family Law rules, remember that Marion County Civil Rules also apply to your Family Law cases. In particular, LR49TR5Rule 203(A) requires any motion to state the other side’s position. This rule does not apply only to Motions to Continue; it applies to ANY motion. And you may not dodge it by claiming the other side is unrepresented and therefore you did not contact them. You must state the opposing party’s position, pro se or not.
See also LR49TR53.5 Rule 215 about Motions to Continue. The title of your Motion to Continue must include First, Second, etc. Many of you put this in the body of your motion, but almost no one includes this in the title.
Stay tuned for a new tip next week!
If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at firstname.lastname@example.org.