justiceweary
New member
What is the name of your state? Indiana
I have a question about the "lazy judge rule" in indiana.....
the "90 day mark" was yesterday with regards to the judge's 90 day deadline to rule on my civil (post-divorce) case. Today, the 91st day, I went to the courthouse and filed a praecipe. I am pro-se....first, I went to the actual court....they said they do not "time-stamp" any of their files and told me to go to the first floor clerks office....I asked the court clerk to take a copy of my praecipe and stamp it filed....the clerk did and put it in a tray....I was very nervous by this behavior...I asked the clerk if I could wait while the praecipe was entered into the Chronological Case Study so I could get a copy of it...clerk said "no"...go down to the 1st floor clerk's office.....so I did...went down to first floor....went thru the same scenario...even showed the clerk on page #2 of my praecipe where it states that there needs to be a "time-stamp" as well as filed date stamped....clerk said "we don't do that"....I asked...what about me waiting until this is entered into the CSS...clerk said..."no" you can't....it goes to another floor to be entered and no one is allowed to go there.....I kept point to my praecipe and to the very clear instructions written in the rule 53.1.E and 53.2 so clerk gave me the phone number for her supervisor and said I should call around noon.....This was all taking place as soon as the court opened which is 8am.....by the time I left it was closer to 9am....I called the supervisor at noon and she answered....she explained to me that that particular clerk was "new" and did not understand the process....the supervisor asked me what time to set the "time-stamp"....I said 844am because that was the time that showed up on the copies of the CSS the clerk printed for me (without my praecipe being entered yet...I simply wanted copies fo the CSS that proved there was no judge ruling and the 90 days was up).....I asked the supervisor about getting my praecipe entered immediately...she said that they do in fact allow folks to walk the praecipe upstairs...I said well then can you do that for me? I was told I could not and that I cannot really wait and so I left...she said "no worries" they come down here 3 times a day to pick up items and I have your praecipe here and I will time stamp it and make sure they get it.......so after the courts closed....I checked the MYCASE.IN.GOV and low and behold....the JUDGE FILED A RULING TODAY!!! WHAT? How is that allowed? My praecipe was with the clerk...obviously the "word' got to the judge and they filed a ruling...and my praecipe NEVER was filed today!!! This feels like a sham!!! I don't want this judge's rule...I want the supreme court to appoint a new judge!! This judge broke all kinds of rules!! This judge MADE me try my own case when I filed a motion asking for a continuance so that I could get a new attorney...my other attorney bailed after invoicing me all the money I had....it's all so horrific....I feel like I'm getting punched the system...I filed the petition with the court initially because EX was breaching the financial aspects of the settlement....8 months later from the first day of filing...2 hearings and $30,000 in legal fees....I can't even get a praecipe filed properly? I'm stuck with this judge? What is going on??? Someone please please help me!!
I have a question about the "lazy judge rule" in indiana.....
the "90 day mark" was yesterday with regards to the judge's 90 day deadline to rule on my civil (post-divorce) case. Today, the 91st day, I went to the courthouse and filed a praecipe. I am pro-se....first, I went to the actual court....they said they do not "time-stamp" any of their files and told me to go to the first floor clerks office....I asked the court clerk to take a copy of my praecipe and stamp it filed....the clerk did and put it in a tray....I was very nervous by this behavior...I asked the clerk if I could wait while the praecipe was entered into the Chronological Case Study so I could get a copy of it...clerk said "no"...go down to the 1st floor clerk's office.....so I did...went down to first floor....went thru the same scenario...even showed the clerk on page #2 of my praecipe where it states that there needs to be a "time-stamp" as well as filed date stamped....clerk said "we don't do that"....I asked...what about me waiting until this is entered into the CSS...clerk said..."no" you can't....it goes to another floor to be entered and no one is allowed to go there.....I kept point to my praecipe and to the very clear instructions written in the rule 53.1.E and 53.2 so clerk gave me the phone number for her supervisor and said I should call around noon.....This was all taking place as soon as the court opened which is 8am.....by the time I left it was closer to 9am....I called the supervisor at noon and she answered....she explained to me that that particular clerk was "new" and did not understand the process....the supervisor asked me what time to set the "time-stamp"....I said 844am because that was the time that showed up on the copies of the CSS the clerk printed for me (without my praecipe being entered yet...I simply wanted copies fo the CSS that proved there was no judge ruling and the 90 days was up).....I asked the supervisor about getting my praecipe entered immediately...she said that they do in fact allow folks to walk the praecipe upstairs...I said well then can you do that for me? I was told I could not and that I cannot really wait and so I left...she said "no worries" they come down here 3 times a day to pick up items and I have your praecipe here and I will time stamp it and make sure they get it.......so after the courts closed....I checked the MYCASE.IN.GOV and low and behold....the JUDGE FILED A RULING TODAY!!! WHAT? How is that allowed? My praecipe was with the clerk...obviously the "word' got to the judge and they filed a ruling...and my praecipe NEVER was filed today!!! This feels like a sham!!! I don't want this judge's rule...I want the supreme court to appoint a new judge!! This judge broke all kinds of rules!! This judge MADE me try my own case when I filed a motion asking for a continuance so that I could get a new attorney...my other attorney bailed after invoicing me all the money I had....it's all so horrific....I feel like I'm getting punched the system...I filed the petition with the court initially because EX was breaching the financial aspects of the settlement....8 months later from the first day of filing...2 hearings and $30,000 in legal fees....I can't even get a praecipe filed properly? I'm stuck with this judge? What is going on??? Someone please please help me!!
