Indiana Verified Motion for Default Judgment (PDF)Opens a New Window. Is a legal document used in the Indiana state court system. It is used when a defendant fails to answer a complaint within the timeframe specified by law. The motion asks the court to enter a judgment against the defendant for the amount specified in the complaint. The motion must be verified by the party filing it, meaning that they must swear to the truth of all facts stated in the motion. The motion must also contain a description of the efforts that have been made to serve the defendant, such as mailing them a copy of the complaint. There are two types of Indiana Verified Motion for Default Judgment (PDF)Opens a New Window.: one for a plaintiff's claim and one for a defendant's counterclaim.
Indiana Verified Motion for Default Judgment (PDF)Opens a New Window.
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If a counterclaim or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim or cross-claim can remain pending for independent adjudication by the court.
Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
Trial Rule 74, 79, and 81.1 The proposed amendment to Trial Rule 74 would require all courts (including city and town courts) to record hearings in all case types, prohibit recording through shorthand or stenography, and delete provisions covered in other Rules or statutes.
Ind. Trial Rule 72(D) requires that immediately upon the entry of a ruling on a motion or entry of an order or judgment, the clerk must serve a copy of the entry by mail in the manner provided by T.R. 5 on each party to the case who is not in default for failing to appear.
Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.
(1) Whenever a claim or proceeding is filed which should properly have been filed in another court of this state, and proper objection is made, the court in which such action is filed shall not then dismiss the action, but shall order the action transferred to the court in which it should have been filed.