Allen County Courts, Indiana Document Filing Requirements

CRITICALCriminal cases

Applies to

Notice

The defendant must receive written notice of counsel’s intention to withdraw.

Counsel desiring to withdraw their appearance shall notify the defendant of such intention, in writing, not less than ten (10) days prior to the counsel’s filing of such motion.

CRITICALCriminal cases

Applies to

Search warrant application

The requesting officer must present an Affidavit of Probable Cause and a proposed search warrant to the judge.

The law enforcement officer requesting the search warrant will present an Affidavit of Probable Cause and proposed Search Warrant to the Judge for consideration.

CRITICALCriminal cases

Applies to

Exemption hearing

At a wage-garnishment exemption hearing, the judgment debtor must bring three recent pay stubs, a household family budget, and any other information the Court requests.

If a hearing is scheduled when the judgment debtor requests an exemption to modify the garnishment of wages, the judgment debtor shall bring to the hearing their three (3) most recent pay stubs, a family budget showing income and expenses for the household, and such other information as requested by the Court.

CRITICALCriminal cases

Applies to

Fee petition

Before a fee is paid in a supervised estate, the Court must determine a filed fee petition, and fee requests are considered only in the stated circumstances.

G. Filing of Fee Petition. Before any fee is paid in a supervised estate, a petition for allowance of the fee shall be filed and determined by the Court. A request for fees will be considered only under the following circumstances: (1) The Final Report is ready to be filed, or (2) As necessary for purposes of an estate fiduciary income tax deduction,or (3) As necessary due to extraordinary circumstances.

CRITICALCriminal cases

Applies to

Notice of trial calendar status

A Notice of Trial Calendar Status must be e-filed with every stipulation, including mediation agreements.

With all Stipulations, including Mediation Agreements, a Notice of Trial Calendar Status shall be e-filed. See Appendix B.

CRITICALCriminal cases

Applies to

Guardian ad litem fees

Guardian ad litem fees must be submitted to the Court for approval.

All guardian ad litem fees must be submitted to the Court for approval.

CRITICALCriminal cases

Applies to

Chronological case summary

For a default judgment request in a motor vehicle collision case, the chronological case summary must include the specified accident, medical, wage, damages, and non-operator claim documentation.

(G) Motor Vehicle Collision Cases. In cases involving property damage or personal injury arising out of a motor vehicle collision, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. Any accident report by a law enforcement agency. 2. Medical bills for treatment of injuries consistent with Indiana Access to Court Records Rule 5. 3. An itemization of any claim for lost wages with supporting documentation. 4. An itemization of all claimed damages. 5. If the defendant was not the operator of the motor vehicle, documentation and legal authority to support a claim against that person.

CRITICALCriminal cases

Applies to

Notice

Notice to the defendant of the withdrawal-motion hearing must state its date, time, and place.

Counsel shall further send notice of the filing of said motion to the defendant, which notice shall indicate the date, time and place of said hearing.

CRITICALCriminal cases

Applies to

Unexecuted search warrant filing

An unexecuted search warrant must be filed using the filing procedure specified above.

The law enforcement officer shall file within 10 days any unexecuted search warrant in the same manner as set out above.

CRITICALCriminal cases

Applies to

Search warrant application

The affidavit must be sworn before the judge, or the requesting officer may give sworn testimony orally or by fax as specified by statute.

The affidavit will be sworn before the Judge, or the law enforcement officer requesting the search warrant may give sworn testimony pursuant to the requirements of I.C. 35-33-5-2 (orally) and 35-33-5-8 (by fax).

CRITICALCriminal cases

Applies to

Waiver and consent

A waiver and consent for fees exceeding the Local Rule Guidelines must substantially follow the form in the rules and Appendix H.

(3) A waiver and consent for allowing fees in excess of these Local Rule Guidelines shall not be merely a pro forma waiver and consent, but must be in substantially the form as set forth in these rules and Appendix H.

CRITICALCriminal cases

Applies to

Judgment

Court costs must be awarded and entered in a separate judgment, not added to a general judgment.

Court costs shall not be added into a general judgment. A separate award and judgment for court costs is required.

CRITICALCriminal cases

Applies to

Chronological case summary entry form

After a proceedings supplemental, the judgment creditor must file a chronological case summary entry form reporting the results to the Court.

Following a proceedings supplemental, the judgment creditor shall file a chronological case summary entry form notifying the Court regarding the results of the proceedings supplemental.

CRITICALCriminal cases

Applies to

Motion to withdraw appearance

The motion to withdraw must state whether the case has been scheduled for trial and attach the notice sent to the client as Exhibit A.

This case (has/has not) been scheduled for trial. Attached as Exhibit "A" to this Motion is the Notice of Intention to Withdraw that I have sent to my client.

CRITICALCriminal cases

Applies to

Return of service

Must include

certificate of service

The Return of Service form includes a certificate of service.

CERTIFICATE OF SERVICE The undersigned hereby certifies that on the_ _day of_ _, 2019, a true and correct copy of the foregoing Return of Service of Summons was served to all counsel of record by the Indiana E-Filing System, or other acceptable means of service, as follows:

CRITICALCriminal cases

Applies to

Body attachment filings

The judgment creditor properly completes and files all pleadings and forms required by the Court. The pleadings and forms currently include for each judgment debtor: (a) one (1) Request for Body Attachment; (b) one (1) Writ of Attachment, which must include a statement setting a bond for release. (The bond amount shall be set at the lesser of $500.00 or the total amount remaining unpaid on the judgment including costs and interest); and, (c) the Warrant Information Card, including the judgment debtor’s social security number and date of birth.

The judgment creditor properly completes and files all pleadings and forms required by the Court. The pleadings and forms currently include for each judgment debtor: (a) one (1) Request for Body Attachment; (b) one (1) Writ of Attachment, which must include a statement setting a bond for release. (The bond amount shall be set at the lesser of $500.00 or the total amount remaining unpaid on the judgment including costs and interest); and, (c) the Warrant Information Card, including the judgment debtor’s social security number and date of birth.

CRITICALCriminal cases

Applies to

Default judgment request

For an account case, the chronological case summary must include an Affidavit of Debt complying with Ind. Small Claims Rule 2(B)(4)(b).

An Affidavit of Debt in a form that complies with the requirements of Ind. Small Claims Rule 2(B)(4)(b).

CRITICALCriminal cases

Applies to

Motion to deem facts admitted

The motion to Deem Facts Admitted must include a copy of the requests for admission.

(4) attach a copy of the request for admissions to the motion.

CRITICALCriminal cases

Applies to

Motion for default judgment

For a credit-card debt, the Affidavit of Debt included with the motion for default judgment must state the charge-off date.

In cases involving a credit card debt, a Motion for Default Judgment shall include the following additional attachments and information: 1. Affidavit of Debt must include: a. Charge off date;

CRITICALCriminal cases

Applies to

Contempt attorney fee request

When attorney fees are requested in a contempt matter, counsel must provide the Court appropriate evidence of the time, services, and value rendered.

In contempt matters where attorney fees are requested, counsel shall provide the Court with appropriate evidence of time, services and value rendered

CRITICALCriminal cases

Applies to

Motion to amend pleadings

A motion to amend pleadings must include the attorney’s written representation about advising opposing counsel and opposing counsel’s position or agreement to submission without a hearing or briefing.

All motions to amend pleadings must contain a written representation of the moving party’s attorney that the attorney has advised opposing counsel of the substance of the motion and that opposing counsel either consents or objects to the motion or that the motion may be submitted for ruling by the Court without hearing or briefing.

CRITICALCriminal cases

Applies to

Certificate of completion

A party ordered to attend an approved educational program must file a Certificate of Completion with the Court.

Each party who has been ordered to attend such a program must file a Certificate of Completion with the Court.

CRITICALCriminal cases

Applies to

Motion for default judgment

For personal-injury or property-damage subrogation claims, the motion for default judgment must include the listed affidavits, records, estimates, and damages computation.

In cases involving a personal injury and/or property damage subrogation claim, a Motion for Default Judgment shall include the following additional attachments and information: 1. Affidavit including: a. Date of the occurrence; and, b. Amount of damages requested; 2. Copies of all relevant medical bills paid, consistent with A.R. 9 (G); 3. Copies of all relevant repair estimates; 4. Affidavit of Non-Military Service; 5. Copies of all relevant checks, deposits, receipts, and other similar documents written by the insurance company; and, 6. An attachment entitled “Computation of Damages,” showing method of computation used to arrive at the amount requested.

CRITICALCriminal cases

Applies to

Written appearance

A client without another attorney must file a Written Appearance with the Court that includes the listed contact information.

If no other attorney is going to represent you, according to Indiana Trial Rule 3.1, you must file a Written Appearance with the Court. That Written Appearance must include your name, address, telephone number, fax number, and email address, and other information.

CRITICALCriminal cases

Applies to

Fee petition

A fee request for professional Personal Representative services must be supported by a filed description of services rendered.

(c) A description of services rendered in support of a request for fees is filed.

CRITICALCriminal cases

Applies to

Motion to consolidate

Must include

proposed order

A motion to consolidate must be filed with a proposed order substantially similar to Appendix I.

A proposed Order substantially similar to Appendix I shall be filed along with the Motion to Consolidate.

CRITICALCriminal cases

Applies to

Memorandum

Supporting and response memoranda must include a Summary of Argument at the beginning, limited to two pages.

The Memorandum in Support of Motions for Summary Judgment, and Response Memorandum shall contain a Summary of Argument, not to exceed two pages, and located at the beginning of the Memorandum.

CRITICALCriminal cases

Applies to

Fee petition

A request for non-professional Personal Representative fees must include a filed description of services, time spent, and hourly rate.

(b) A description of services rendered, including time spent with hourly rate in support of the request is filed.

CRITICALCriminal cases

Applies to

Notice of intention to withdraw

The client notice must address the case status, scheduled proceedings and pending matters, applicable appearance and contact-information duties, and the stated advice about representation and consequences of delay.

I am required to notify you of the following: 1) (State the present status of the case, excluding confidential and privileged information.) 2) (List the date or dates of all scheduled court conferences, hearings and any other pending matters.) 3) If no other attorney is going to represent you, according to Indiana Trial Rule 3.1, you must file a Written Appearance with the Court. That Written Appearance must include your name, address, telephone number, fax number, and email address, and other information. 4) If no other attorney represents you, according to Indiana Trial Rule 3.1, you have an ongoing duty to inform the Court of your change in the contact information, such as your name, address, telephone number, fax number, and email address. 5) According to the Indiana common law, as an unrepresented party, you will be held to the same standard of conduct as an attorney licensed to practice in the State of Indiana; 6) Pursuant to Indiana law, all business entities must be represented by an attorney in all civil cases; and, 7) Prejudice may occur from your failure to act promptly or to secure new counsel.

CRITICALCriminal cases

Applies to

Notice of intention to withdraw

The Notice of Intention to Withdraw must explain the case status, scheduled matters, applicable duties after withdrawal, the standard for unrepresented parties, possible prejudice from inaction, and the attorney-representation requirement for business entities in civil cases.

The Notice of Intention to Withdraw shall include an explanation to the client as follows: (1) the present status of the case, excluding confidential / privilegedinformation; (2) the dates of all scheduled hearings and other pending matters; (3) advise that the provisions in A.C.L.Civ.R. 3. 1-03 (B) and (C) (regarding party appearing without an attorney) and T.R. 3.1 (E) (regarding address changes) apply to the client after withdrawal of counsel; (4) the expectation of the Indiana common law that, as an unrepresented party, the client will be held to the same standard of conduct as an attorney licensed to practice in the State of Indiana; (5) that prejudice might result from failure of the client to act promptly or to secure new counsel; and (6) pursuant to Indiana law, all business entities must be represented by an attorney in civil cases.

CRITICALCriminal cases

Applies to

Designation of evidence and table of contents

Previously filed or issued documents designated as evidence must be included in the designation and table of contents and assigned an exhibit letter and short title.

Documents that are designated as evidence that have already been filed or issued in the case, such as the Complaint, Answer, Orders, the relevant portions of another party’s designated evidence, etc., shall be listed and included in the Designation of Evidence and Table of Contents and assigned an Exhibit Letter and short Title as required above.

CRITICALCriminal cases

Applies to

Motion

A motion must be signed by counsel of record or the defendant personally and identify the filing attorney's name, attorney number, and address.

It shall be signed by an attorney of record or the defendant personally and shall clearly identify the name, attorney number and address of any attorney filing the same.

CRITICALCriminal cases

Applies to

Certificate of issuance of summons

A Certificate of Issuance of Summons must be filed once service is initiated.

Once service is initiated, a Certificate of Issuance of Summons must be filed.

CRITICALCriminal cases

Applies to

Motion to strike discovery

A motion to strike must comply with Local Rule 9 regarding motion practice.

The motion to strike must comply with Local Rule 9 regarding Motion Practice.

CRITICALCriminal cases

Applies to

Proposed order

A separate proposed order must be e-filed, include the relevant agreement terms in imperative form, and provide distribution and delivery instructions under Trial Rule 72(D).

A separate proposed Order including the relevant portions of the agreement in the imperative form shall also be e-filed. The proposed Order shall include instructions regarding the distribution and delivery of the Order pursuant to Trial Rule 72(D).

CRITICALCriminal cases

Applies to

Motion for default judgment

For loan-installment-contract or repossession cases, the motion for default judgment must include the listed contract, sale and payment records, fee affidavit, and non-military-service affidavit.

In cases involving loan installment contracts or repossession, a Motion for Default Judgment shall include the following additional attachments and information: 1. A copy of the original signed contract, which must contain a signature of the defendant; 2. Documents showing: a. If the personal property was repossessed and sold, the date and place of sale; b. Gross amount from sale of personal property; c. All deductions (itemized) from gross sale amount; and, d. Any other deductions made (itemized); 3. An itemization of all amounts paid on the contract by the debtor; 4. Affidavit of Attorney’s Fees or other fees; a. Must comply with LR02-TR00-16; and, b. Be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees; 5. Affidavit of Non-Military Service.

CRITICALCriminal cases

Applies to

Facilitation report

The facilitator must orally present a report at the Initial Hearing and, if appropriate, the Dispositional Hearing, covering the parties’ admissions and denials, agreements, and unresolved issues.

The facilitator shall orally present the facilitation report to the court at the Initial Hearing and, if appropriate, the Dispositional Hearing. The report shall include a recitation of the parties’ respective admissions and denials to the allegations of the allegations of the petition, the parties’ agreement for provisional orders, parent participation plan and/or dispositional decree and a statement of unresolved issues.

CRITICALCriminal cases

Applies to

Proposed qualified domestic relations order

All proposed QDROs must be signed by all parties or their attorneys and, when possible, pre-approved by the Plan Administrator.

All proposed Qualified Domestic Relations Orders (QDRO) shall be signed by all parties or their attorneys, and when possible pre-approved by the Plan Administrator.

CRITICALCriminal cases

Applies to

Motion

For a voluntary garnishment, the judgment creditor must file a motion requesting the order and attach a copy of the agreement.

A motion is filed by the judgment creditor requesting the issuance of a garnishment order. A copy of the agreement shall be attached to the motion.

CRITICALCriminal cases

Applies to

Proceeding supplemental report

After a proceedings supplemental hearing, the judgment creditor must file the specified report, include applicable hearing and service information, and attach a proposed order when necessary.

E. Hearing Report. Following a proceedings supplemental hearing, the judgment creditor shall file a Proceeding Supplemental Report to the Court (Appendix E), notifying the Court of the hearing outcome and, when necessary, attach an appropriate proposed Order. The required Proceeding Supplemental Report to the Court shall include the following information, where applicable: 1. Identify the parties who appeared and/or failed to appear, and whether each party was represented by counsel or unrepresented; 2. State whether proof of service of the proceedings supplemental or contempt citation hearing was perfected; 3. If service was perfected, and the judgment debtor or garnishee defendant fails to appear, whether the judgment debtor or garnishee defendant is: a. contempt citation eligible; b. body attachment eligible; or, c. garnishment order eligible; and,

CRITICALCriminal cases

Applies to

Written disclosure

Each party must file a written disclosure of specified pending proceedings, identifying the court, case number, parties, and the proceeding’s nature and procedural status.

Prior to any hearing or within thirty (30) days after service of a petition seeking relief in a family law matter, whichever shall first occur, each party shall file a written disclosure of any criminal proceedings pending against them as well as any pending civil proceedings in which allegations of spousal abuse, child abuse or domestic violence have been made against either or both parties. The written disclosure shall include the name and location of the Court in which the case is pending, the case number, the names of the parties involved and a brief summary of the nature and procedural status of the other legal proceeding.

CRITICALCriminal cases

Applies to

Attorney fee evidence

An attorney-fee award requires evidence by attorney testimony or affidavit containing the listed information.

No order granting a request for attorney fees shall be made unless fees are allowable under applicable law and there has been evidence furnished by testimony or affidavit of the attorney. The testimony or affidavit shall include: a. the attorney’s bar license number; b. identity of the party represented by the requesting attorney; c. the attorney’s hourly rate; d. the total of the fees requested; e. the amount of time expended and a general description of each time entry; f. the fact that the services and time were reasonably necessary considering the nature and complexity of the matter; and, g. a statement regarding reasonableness of the fees requested, including the usual and customary charges.

CRITICALCriminal cases

Applies to

Future filing

Must include

caption

All future filings must include both captions.

The parties are Ordered to include both captions in all future filings.

CRITICALCriminal cases

Applies to

Written appearance

Attorneys and unrepresented parties filing an appearance must review the case’s Chronological Case Summary, deadlines, dates, pending motions, and prior court orders.

The attorneys and unrepresented parties filing an appearance shall review the Chronological Case Summary of the case in which their appearance is filed to determine all established deadlines, all hearing and trial dates and times, and all pending motions, as well as to be familiar with all previously entered Orders of the Court.

CRITICALCriminal cases

Applies to

Financial declaration form

The Financial Declaration Form must be submitted to the Court during the hearing.

The Financial Declaration Form shall be submitted to the Court during the hearing.

CRITICALCriminal cases

Applies to

Financial declaration form

The exchange of Financial Declaration Forms is mandatory discovery subject to Trial Rule 37 sanctions, and the form must be supplemented when additional information becomes available.

D. Financial Declaration – Mandatory Discovery. The exchange of Financial Declaration Forms constitutes mandatory discovery, and Trial Rule 37 sanctions are applicable. Additionally, pursuant to Trial Rules 26(E) (2) and (3), the Financial Declaration Form shall be supplemented if additional information becomes available.

CRITICALCriminal cases

Applies to

Notice of claim

A plaintiff seeking possession of real estate must file the court-approved Verification of Ownership with the Notice of Claim, accurately identifying the owners and, when applicable, the entity and its majority owner or shareholder.

(C) Verification of Ownership of Real Estate. The plaintiff in a case for possession of real estate shall file a Verification of Ownership with the Notice of Claim. The Verification of Ownership shall be on a form approved by the Court (Appendix B). The verification shall accurately identify the owner(s) of the real estate. If the owner of the real estate is a limited liability company (LLC) or similar entity, the verification shall include the name of the entity along with the name of the majority owner/shareholder of the entity.

CRITICALCriminal cases

Applies to

Notice of appearance

A defendant’s attorney must file a signed written appearance containing the specified identifying and contact information.

(A) Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance on the Deputy Prosecuting Attorney assigned to the cause or to the office of the Prosecuting Attorney.

CRITICALCriminal cases

Applies to

Appearance

An attorney representing a party in a related Family Law case must file a separate written appearance in the Protective Order case.

An attorney who also represents a party in a related Family Law case must file a separate written appearance in the Protective Order case.

CRITICALCriminal cases

Applies to

Default judgment request

If the plaintiff in an account case is not the original creditor, the chronological case summary must include a sworn statement that the statute of limitations has not expired.

If the plaintiff is not the original creditor, then a sworn statement by plaintiff or plaintiff’s attorney that the statute of limitations on the claim has not expired.