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nikstykal · Sep 28, 2010, 10:18 AM

I recently filed a motion in the superior courts of Indiana petitioning the paternity of my girlfriend's baby (she told me I was the father but after a home paternity test I turned out not to be). I was told today that the next step is to request a hearing, but the courts are not allowed to provide me with any forms/advice. Anyone more experienced or a better googler able to inform me on where I can get a request a hearing form, or provide me with a standardized example that I could just type up myself or something? I live in clark county of southern Indiana.

AK lawyer · Sep 28, 2010, 01:31 PM

Pick another case or three pending in that court.

Then go to the clerk of court and ask to see these files. You should find hearing request forms in most of them. Copy the form.

cdad · Sep 28, 2010, 02:32 PM

If its just forms your looking for you could ask a paralegal about the forms. Also if you go to the courthouse they usually have people there that could help. In your state there is a law school and you can get help there too. Forms are also available online. Whatever works best for you is the one to try first.

ScottGem · Sep 28, 2010, 02:34 PM

Or check with a local Laws school, many have clinics that can help.

AK lawyer · Sep 28, 2010, 03:20 PM

Originally Posted by ScottGem

Or check with a local Laws school, many have clinics that can help.

It's not a complicated form. You could simply start with the case heading (name of court, names of parties, case number, etc.) call it "Request for Hearing", and simply recite that you want a hearing on such and such a motion. File it along with something for the judge to sign including the date, time, and courtroom. That's not the main problem.

The problem is that different courts do things differently. Some judges are so slow that they can't figure out whether a motion is ready to rule upon unless someone arranges a hearing at which the judge is asked to rule. The better practice is that when everyone has had the amount of time specified by rule in which to oppose the motion, the judge will decide it unless someone has requested a hearing. Hard to say which practice your local court follows.

But how it's requested is a matter of local practice & custom too. In some places, a call or letter to the judge's secretary is all it takes to schedule a hearing. In other areas, there is a one-page form available a the clerk's office (apparently not where you are). It wouldn't hurt to make up a motion for a hearing, but then of course they might need a hearing on that motion too to get some action. That's why I suggested looking in some court files to find out how it is usually done where you are.