Appearance
(a) Nature of Offense. A person charged with an offense made criminal pursuant 18 U.S.C.
§ 13, and for which the penalty provided by state law is equal to or less than that of a
misdemeanor, other than an offense for which a mandatory appearance is required may, in
lieu of appearance, post collateral before a United States Magistrate Judge and consent to
forfeiture of collateral.
(b) Schedule of Offenses. These offenses, and the amounts of collateral to be posted (if
applicable), will appear on a schedule and be available for public inspection in the clerk’s
office in each of the district’s divisions. The schedule will be effective until rescinded or
superseded by court order.
(c) Failure to Appear. Posted collateral will be forfeited if the person charged with an
offense covered by this rule fails to appear before the magistrate judge. The forfeiture will
signify that the offender does not contest the charge and does not request a hearing before the
magistrate judge. The forfeiture is tantamount to a finding of guilt.
(d) When Forfeitures Are Not Permitted. Forfeitures are not permitted for violations
involving an accident that results in personal injury. Arresting officers must treat multiple and
aggravated offenses as mandatory-appearance offenses and must direct the accused to appear
for a hearing.
(e) Discretion of Officers to Arrest. Nothing in this rule prohibits a law-enforcement
officer from:
(1) arresting a person for the commission of an offense (including those for which
collateral may be posted and forfeited); and
(2) either:
(A) requiring the person charged to appear before a magistrate judge, or
(B) taking that person before a magistrate judge immediately after arrest.
Note: Effective July 1, 2026, former Local Rule 72-2 becomes Local Criminal Rule 58-2.
S.D. Indiana – Appendix A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
_________________________, )
)
Plaintiff, )
)
v. ) Case No.
)
____________________________, )
)
Defendant. )
NOTICE REGARDING RIGHT TO RESPOND TO AND SUBMIT
EVIDENCE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
[Moving party(ies)] has/have filed a motion seeking summary judgment. This means
that the [moving party(ies)] seek(s) to have some part or all of this lawsuit decided against you
without a trial. This motion is based on the evidence presented in the affidavits and documents
attached to or referenced in the motion for summary judgment or based on the argument that
you are unable to offer admissible evidence in support of your claim.
You have the right to file a response to the motion. Each of the facts stated in the
“Statement of Material Facts Not in Dispute” which accompanies the motion for summary
judgment will be accepted by the court as being true unless you submit your own affidavits or
other admissible evidence disputing those facts. Your response may also dispute the
admissibility of the evidence relied on in support of the motion for summary judgment. However,
a failure to properly respond will be the same as failing to present any evidence in your favor at a trial.
You must file and serve a copy of your response to the motion for summary judgment
by [date certain equal to 28 days after service of the motion, plus 3 days if served by mail] or
by other such date ordered by the court. If you need more time to respond, you must file a
motion with the court asking for more time before the deadline expires. The court may, but is
not required to, give you more time.
Your response must also comply with all other portions of Federal Rule of Civil
Procedure 56, and with Local Rules 5-1 and 56-1, copies of which are attached. Please note
that for these rules you are considered a "party," the "non-moving party" and/or the "non-
movant."
[Insert Federal Rule of Civil Procedure 56]
[Insert Local Rule 56-1]
[Insert Local Rule 5-1]
S.D. Indiana – Appendix B
STANDARDS FOR PROFESSIONAL CONDUCT WITHIN
THE SEVENTH FEDERAL JUDICIAL CIRCUIT
Preamble
A lawyer's conduct should be characterized at all times by personal courtesy and professional
integrity in the fullest sense of those terms. In fulfilling our duty to represent a client
vigorously as lawyers, we will be mindful of our obligations to the administration of justice,
which is a truth-seeking process designed to resolve human and societal problems in a
rational, peaceful, and efficient manner.
A judge's conduct should be characterized at all times by courtesy and patience toward all
participants. As judges we owe to all participants in a legal proceeding respect, diligence,
punctuality, and protection against unjust and improper criticism or attack.
Conduct that may be characterized as uncivil, abrasive, abusive, hostile, or obstructive
impedes the fundamental goal of resolving disputes rationally, peacefully, and efficiently.
Such conduct tends to delay and often to deny justice.
The following standards are designed to encourage us, judges and lawyers, to meet our
obligations to each other, to litigants and to the system of justice, and thereby achieve the twin
goals of civility and professionalism, both of which are hallmarks of a learned profession
dedicated to public service.
We expect judges and lawyers will make a mutual and firm commitment to these standards.
Voluntary adherence is expected as part of a commitment by all participants to improve the
administration of justice throughout this Circuit.
These standards shall not be used as a basis for litigation or for sanctions or penalties. Nothing
in these standards supersedes or detracts from existing disciplinary codes or alters existing
standards of conduct against which lawyer negligence may be determined.
These standards should be reviewed and followed by all judges and lawyers participating in
any proceeding, in this Circuit. Copies may be made available to clients to reinforce our
obligation to maintain and foster these standards.
Lawyers' Duties to Other Counsel
1. We will practice our profession with a continuing awareness that our role is to advance the
legitimate interests of our clients. In our dealings with others we will not reflect the ill feelings
of our clients. We will treat all other counsel, parties, and witnesses in a civil and courteous
manner, not only in court, but also in all other written and oral communications.
2. We will not, even when called upon by a client to do so, abuse or indulge in offensive
conduct directed to other counsel, parties, or witnesses. We will abstain from disparaging
personal remarks or acrimony toward other counsel, parties, or witnesses. We will treat
adverse witnesses and parties with fair consideration.
3. We will not encourage or knowingly authorize any person under our control to engage in
conduct that would be improper if we were to engage in such conduct.
4. We will not, absent good cause, attribute bad motives or improper conduct to other counsel
or bring the profession into disrepute by unfounded accusations of impropriety.
5. We will not seek court sanctions without first conducting a reasonable investigation and
unless fully justified by the circumstances and necessary to protect our client's lawful interests.
6. We will adhere to all express promises and to agreements with other counsel, whether oral
or in writing, and will adhere in good faith to all agreements implied by the circumstances or
local customs.
7. When we reach an oral understanding on a proposed agreement or a stipulation and decide
to commit it to writing, the drafter will endeavor in good faith to state the oral understanding
accurately and completely. The drafter will provide the opportunity for review of the writing
to other counsel. As drafts are exchanged between or among counsel, changes from prior
drafts will be identified in the draft or otherwise explicitly brought to the attention of other
counsel. We will not include in a draft matters to which there has been no agreement without
explicitly advising other counsel in writing of the addition.
8. We will endeavor to confer early with other counsel to assess settlement possibilities. We
will not falsely hold out the possibility of settlement as a means to adjourn discovery or to
delay trial.
9. In civil actions, we will stipulate to relevant matters if they are undisputed and if no good
faith advocacy basis exists for not stipulating.
10. We will not use any form of discovery or discovery scheduling as a means of harassment.
11. We will make good faith efforts to resolve by agreement our objections to matters
contained in pleadings and discovery requests and objections.
12. We will not time the filing or service of motions or pleadings in any way that unfairly
limits another party's opportunity to respond.
13. We will not request an extension of time solely for the purpose of unjustified delay or to
obtain a tactical advantage.
14. We will consult other counsel regarding scheduling matters in a good faith effort to avoid
scheduling conflicts.
15. We will endeavor to accommodate previously scheduled dates for hearings, depositions,
meetings, conferences, vacations, seminars, or other functions that produce good faith
calendar conflicts on the part of other counsel. If we have been given an accommodation
because of a calendar conflict, we will notify those who have accommodated us as soon as the
conflict has been removed.
16. We will notify other counsel and, if appropriate, the court or other persons, at the earliest
possible time when hearings, depositions, meetings, or conferences are to be canceled or
postponed. Early notice avoids unnecessary travel and expense of counsel and may enable the
court to use the previously reserved time for other matters.
17. We will agree to reasonable requests for extensions of time and for waiver of procedural
formalities, provided our clients' legitimate rights will not be materially or adversely affected.
18. We will not cause any default or dismissal to be entered without first notifying opposing
counsel, when we know his or her identity.
19. We will take depositions only when actually needed to ascertain facts or information or to
perpetuate testimony. We will not take depositions for the purposes of harassment or to
increase litigation expenses.
20. We will not engage in any conduct during a deposition that would not be appropriate in
the presence of a judge.
21. We will not obstruct questioning during a deposition or object to deposition questions
unless necessary under the applicable rules to preserve an objection or privilege for resolution
by the court.
22. During depositions we will ask only those questions we reasonably believe are necessary
for the prosecution or defense of an action.
23. We will carefully craft document production requests so they are limited to those
documents we reasonably believe are necessary for the prosecution or defense of an action. We
will not design production requests to place an undue burden or expense on a party.
24. We will respond to document requests reasonably and not strain to interpret the request in
an artificially restrictive manner to avoid disclosure of relevant and non-privileged
documents. We will not produce documents in a manner designed to hide or obscure the
existence of particular documents.
25. We will carefully craft interrogatories so they are limited to those matters we reasonably
believe are necessary for the prosecution or defense of an action, and we will not design them
to place an expense or undue burden or expense on a party.
26. We will respond to interrogatories reasonably and will not strain to interpret them in an
artificially restrictive manner to avoid disclosure of relevant and non-privileged information.
27. We will base our discovery objections on a good faith belief in their merit and will not
object solely for the purpose of withholding or delaying the disclosure of relevant information.
28. When a draft order is to be prepared by counsel to reflect a court ruling, we will draft an
order that accurately and completely reflects the court's ruling. We will promptly prepare and
submit a proposed order to other counsel and attempt to reconcile any differences before the
draft order is presented to the court.
29. We will not ascribe a position to another counsel that counsel has not taken or otherwise
seek to create an unjustified inference based on counsel's statements or conduct.
30. Unless specifically permitted or invited by the court, we will not send copies of
correspondence between counsel to the court.
Lawyers' Duties to the Court
1. We will speak and write civilly and respectfully in all communications with the court.
2. We will be punctual and prepared for all court appearances so that all hearings, conferences,
and trials may commence on time; if delayed, we will notify the court and counsel, if possible.
3. We will be considerate of the time constraints and pressures on the court and court staff
inherent in their efforts to administer justice.
4. We will not engage in any conduct that brings disorder or disruption to the courtroom. We
will advise our clients and witnesses appearing in court of the proper conduct expected and
required there and, to the best of our ability, prevent our clients and witnesses from creating
disorder or disruption.
5. We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or
authorities in any oral or written communication to the court.
6. We will not write letters to the court in connection with a pending action, unless invited or
permitted by the court.
7. Before dates for hearings or trials are set, or if that is not feasible, immediately after such
date has been set, we will attempt to verify the availability of necessary participants and
witnesses so we can promptly notify the court of any likely problems.
8. We will act and speak civilly to court marshals, clerks, court reporters, secretaries, and law
clerks with an awareness that they, too, are an integral part of the judicial system.
Courts' Duties to Lawyers
1. We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will
maintain control of the proceedings, recognizing that judges have both the obligation and the
authority to insure that all litigation proceedings are conducted in a civil manner.
2. We will not employ hostile, demeaning, or humiliating words in opinions or in written or
oral communications with lawyers, parties, or witnesses.
3. We will be punctual in convening all hearings, meetings, and conferences; if delayed, we
will notify counsel, if possible.
4. In scheduling all hearings, meetings and conferences we will be considerate of time
schedules of lawyers, parties, and witnesses.
5. We will make all reasonable efforts to decide promptly all matters presented to us for
decision.
6. We will give the issues in controversy deliberate, impartial, and studied analysis and
consideration.
7. While endeavoring to resolve disputes efficiently, we will be considerate of the time
constraints and pressures imposed on lawyers by the exigencies of litigation practice.
8. We recognize that a lawyer has a right and a duty to present a cause fully and properly, and
that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, we
will allow lawyers to present proper arguments and to make a complete and accurate record.
9. We will not impugn the integrity or professionalism of any lawyer on the basis of the clients
whom or the causes which a lawyer represents.
10. We will do our best to insure that court personnel act civilly toward lawyers, parties, and
witnesses.
11. We will not adopt procedures that needlessly increase litigation expense.
12. We will bring to lawyers' attention uncivil conduct which we observe.
Judges' Duties to Each Other
1. We will be courteous, respectful, and civil in opinions, ever mindful that a position
articulated by another judge is the result of that judge's earnest effort to interpret the law and
the facts correctly.
2. In all written and oral communications, we will abstain from disparaging personal remarks
or criticisms, or sarcastic or demeaning comments about another judge.
3. We will endeavor to work with other judges in an effort to foster a spirit of cooperation in
our mutual goal of enhancing the administration of justice.
