Allen County Courts, Indiana Document Filing Requirements

CRITICALCriminal cases

Applies to

Proposed orders and forms requiring judicial officer signature

Proposed orders and forms requiring a judicial officer’s signature must include a signature line for “Magistrate Allen Superior Court”.

All proposed orders and forms requiring the signature of a judicial officer shall have a signature line for “Magistrate Allen Superior Court”.

CRITICALCriminal cases

Applies to

Motion to lift stay

If bankruptcy is dismissed or discharge is denied, the judgment creditor must file a motion to lift the stay before taking further action, and include the bankruptcy court’s dismissal.

(B) Further Proceedings. If the bankruptcy is dismissed or a discharge is not granted, then the judgment creditor shall file a Motion to Lift Stay of Proceedings before taking any other action in the case against the judgment debtor. The motion shall include a copy of the dismissal from the bankruptcy court.

CRITICALCriminal cases

Applies to

Proceeding supplemental report

The Proceeding Supplemental Report form calls for the hearing matter, appearances, service status, and action or outcome to be reported.

Pursuant to Local Rule LR02-TR69-17, the Plaintiff now files this Proceeding Supplemental Report to the Court. Counsel for Plaintiff reports. The following matter was set for hearingon (date) Verified Motion for Proceedings Supplemental Verified Motion for Proceedings Supplemental and to Garnishee Defendant Verified Motion for Proceedings Supplemental and to Garnishee Defendant Financial Institution Contempt Citation The following parties appeared or failed to appear for the hearing: Plaintiff (s) appeared in person and/or by counsel unrepresented. Defendant (s) appeared in person and/or by counsel unrepresented, failed to appear. Garnishee Defendant appeared by and/or by counsel unrepresented, failed to appear. Proof of Service: Proof of Service on the Defendant(s) is satisfied _not satisfied. Proof of Service of the Garnishee Defendant is satisfied not satisfied. Action: Proceedings Supplemental is conducted (and dismissed). Proof of service of Proceedings Supplemental is satisfied. Contempt Citation eligible. By agreement of the parties, the hearing on Proceedings Supplemental is continued to:_ at _a.m. / p.m. be reset. Defendant's signature: Proof of service of Proceedings Supplemental is satisfied. Interrogatories were answered / not answered by Garnishee Defendant. Garnishment Order eligible.

CRITICALCriminal cases

Applies to

Stipulation of dismissal

A stipulation of dismissal signed by all parties may be filed to dismiss the case.

A case may be dismissed by filing a stipulation of dismissal signed by all parties.

CRITICALCriminal cases

Applies to

Attorney fee request

A request for attorney fees at trial or in a default judgment must include evidence of the amount, by attorney affidavit or sworn attorney testimony.

A request for an award of attorney fees at trial or as part of a default judgment shall include evidence as to the amount of the fees. Evidence of the amount of attorney fees shall either be in the form of an affidavit signed by the attorney, or testimony by the attorney under oath.

CRITICALCriminal cases

Applies to

Motion for default judgment

A motion for default judgment must include an Affidavit of Debt stating the default date, unpaid balance, and separately enumerated fees, to the extent known or requested.

The Affidavit of Debt shall include the following information as known or requested by the moving party. a. The default date; b. The unpaid balance of the account; and, c. Any fees, including attorney’s fees or late fees, separately enumerated.

CRITICALCriminal cases

Applies to

Verified motion for enlargement or modification of time deadlines

The enlargement or modification motion form includes a sworn affirmation, subject to the penalties for perjury.

In support, I swear and affirm, subject to the penalties for perjury, that the following representations are true:

CRITICALCriminal cases

Applies to

Garnishment order

Must include

proposed order

A proposed garnishment order must be provided before a garnishment order issues.

A proposed garnishment order;

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a proposed form of order.

A proposed form of order shall accompany all motions.

CRITICALCriminal cases

Applies to

Verified petition

Each child must be a party and listed on a separate Verified Petition; the caption should reflect the child’s full legal name by next friend.

The child must always be a party. Each child must be listed on their own Verified Petition and the caption should reflect the child’s full legal name by next friend.

CRITICALCriminal cases

Applies to

Discovery disclosure

In felony cases, the State's disclosure includes potential witnesses' names and last known addresses, their relevant written or recorded statements, and existing memoranda substantially reporting their oral statements.

The State shall disclose to the defendant the following material and information on or before thirty (30) days following the InitialHearing. (1) The names and last known addresses of persons whom the State may call as witnesses, together with (a) their relevant written or recorded statements; (b) memoranda containing substantially verbatim reports of their oral statements (if any memoranda exist);

CRITICALCriminal cases

Applies to

Motion to release garnishment order

After receiving sufficient funds to satisfy the judgment, interest, and costs, the judgment creditor must file a motion seeking an order releasing the garnishment.

the judgment creditor shall immediately file a motion seeking to obtain a court order releasing the applicable garnishment order

CRITICALCriminal cases

Applies to

Notice of appearance

The assigned Deputy Prosecuting Attorney must file a written appearance when assigned the case.

(B) At such time as the Office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on counsel for the defendant.

CRITICALCriminal cases

Applies to

Attorney fee affidavit

When attorney fees are recoverable under a contract, the affidavit must include the fee-recovery contract language and attach the contract as a compliant exhibit.

In instances where the fee is allowable under contract, an attorney’s affidavit must also be accompanied by the contract language showing that attorney’s fees are recoverable. The contract shall be attached to the affidavit as an exhibit, and shall comply with LR02-TR8-06(D).

CRITICALCriminal cases

Applies to

Written appearance

Attorneys and unrepresented parties must timely and properly file a written appearance under T.R. 3.1.

An attorney entering an appearance on behalf of any party shall file a written appearance as provided in T.R. 3.1. Unrepresented parties shall file a written appearance as provided in T.R. 3.1. The attorneys and unrepresented parties have a duty to timely and properly file the written appearance.

CRITICALCriminal cases

Applies to

Notice of judgment

When an agreement will result in a money judgment against a party, a Notice of Judgment must be e-filed.

In the event a money judgment is to be rendered against any party by agreement such as a child support arrearage, property equalization payment, and/or attorney fees, a Notice of Judgment shall be e- filed. See Appendix C.

CRITICALCriminal cases

Applies to

Agreement concerning default

For a voluntary garnishment, the judgment creditor must file the agreement concerning the judgment debtor’s default.

the judgment creditor files the agreement concerning the default of judgment debtor.

CRITICALCriminal cases

Applies to

Motion for leave to serve belated discovery

A motion for leave to serve belated discovery must be filed with the proposed request, and the opposing party must receive the request when the motion is served.

In such event, the proposed belated discovery request must be filed with the motion, and the opposing party must receive the request with service of the motion.

CRITICALCriminal cases

Applies to

Return of service

When e-filing a Return of Service, the comment field must identify the documents, the party on whom service was attempted, and whether service was completed.

Note: if e-filing the Return of Service, the file must specify in the comment field the name of the document(s), the party’s name who service was attempted on, and an indication whether service was either served or not served.

CRITICALCriminal cases

Applies to

Jury trial waiver

To waive a jury trial, the defendant must appear personally or file a written waiver signed by the defendant.

(F) The defendant must appear personally, or a written waiver signed by the defendant must be filed in order to waive trial by jury.

CRITICALCriminal cases

Applies to

Body attachment request

When requesting a body attachment, the creditor must file no more than three telephone numbers where the Court may provide notice of the debtor’s appearance in custody.

When the judgment creditor requests the issuance of a body attachment, the creditor shall file with the Court any telephone numbers (not to exceed three (3)) where the Court may notify the creditor of the judgment debtor’s appearance when the judgment debtor is taken into custody.

CRITICALCriminal cases

Applies to

10 day notice

A 10-day withdrawal notice must advise the client of the case status, scheduled hearings, address and contact-information duties, applicable conduct standards, and the need to promptly secure new counsel.

The 10 day notice shall advise the client of: 1. The present status of the case; 2. Any scheduled hearing dates; 3. Of client’s duty to keep court informed of client’s mailing address, email address, and telephone number; 4. That client will be held to the same standard of conduct as a licensed Indiana attorney; and, 5. That the client should act promptly to secure new counsel.

CRITICALCriminal cases

Applies to

Attorney fee request

Attorney-fee requests must be presented by affidavit or oral testimony, as the Court allows.

All requests for attorney fees shall be presented to the Court by way of affidavit or oral testimony, as the Court allows.

CRITICALCriminal cases

Applies to

Default judgment request

If the plaintiff in an account case is not the original creditor, the Affidavit of Debt must include the additional information required by Ind. Small Claims Rule 2(B)(4)(c).

If the plaintiff is not the original creditor, then the Affidavit of Debt shall include the additional information required by Ind. Small Claims Rule 2(B)(4)(c).

CRITICALCriminal cases

Applies to

Pauper counsel request

A request for pauper counsel must be made in writing on the court-prescribed form and submitted to a judge or magistrate for a ruling before facilitation begins.

Any request for the appointment of pauper counsel shall be completed in writing on a form prescribed by the court and submitted to a judge or magistrate for a ruling prior to the start of the facilitation.

CRITICALCriminal cases

Applies to

Notice of intent to file attorney fee lien

After judgment is entered, the attorney must file a Notice of Intent to File Attorney Fee Lien or a similar document.

Once a judgment has been entered, the attorney must file a Notice of Intent to File Attorney Fee Lien or similar document pursuant to I.C. 33-43-4-2.

CRITICALCriminal cases

Applies to

Notice of case management conference

A party requesting a Case Management Conference must submit a Notice of Case Management Conference when requesting its date.

The party requesting the CMC shall submit a “Notice of Case Management Conference” (similar to a Notice of Hearing) when requesting the date for the CMC.

CRITICALCriminal cases

Applies to

Chronological case summary

For a credit-card default judgment request, the chronological case summary must include the specified account, payment, fee, statement, and itemization information, plus a sworn limitations statement if the plaintiff is not the original creditor.

(D) Credit Cards. In cases involving credit cards, 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. The name of the original credit card company. 2. The unpaid account balance and charge off date. 3. Date and amount of the last payment. 4. The account number consistent with the requirements of Indiana Access to Court Records Rule 5. 5. Date the defendant defaulted on the account. 6. Interest rates(s) for the account. 7. Summary of fees assessed to the account, including but not limited to late fees and over limit fees. 8. Monthly billing statement for the last payment or last purchase, whichever is later. The statement should include the following information: a. Defendant’s name and address. b. Date of last payment or purchase. c. Interest rate and any fees. 9. An itemized statement for the amount requested as a judgment. The itemization shall include the amount charged to the account by the debtor, interest, and fees. 10. 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.

CRITICALCriminal cases

Applies to

Stipulated agreement

An agreement on any or all issues must be written and signed by all parties or their counsel, including an intervening State and an appointed Guardian Ad Litem.

If the parties reach an agreement on any or all issues, the terms of the agreement shall be reduced to writing and signed by all parties or their counsel, including the State if it has intervened and the Guardian Ad Litem if one has been appointed.

CRITICALCriminal cases

Applies to

Motion for default judgment

In medical-bill cases, a motion for default judgment must include the specified debt-affidavit information, fee documentation, medical bills, assignments, any contract, an affidavit of non-military service, and secondary-liability documentation when applicable.

F. Medical Bills. In cases involving medical bills, a Motion for Default Judgment shall include the following additional attachments and information: 1. Affidavit of Debt must include: a. Original provider and date for each service; b. Name of the individual to whom each service was provided; c. Unpaid balance; d. Date account was closed; e. All accounts and account numbers consistent with A.R.9(G); f. Date debtor defaulted on account(s); g. Interest rate sought (if any); 2. Affidavit of Attorney’s Fees or any 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; 3. Copy of each medical bill showing the date and amount of each service, original provider, and to whom the service was provided; 4. Copy of all assignments (from original provider to Plaintiff); 5. Copy of the contract (if any); 6. Affidavit of Non-Military Service; and, 7. Documentation showing secondary liability if judgment is sought against a person to whom services were not provided (this must be provided for each date of service).

CRITICALCriminal cases

Applies to

Motion for approval of discovery

A party seeking discovery under Indiana Small Claims Rule 6 must file a motion for approval with the proposed discovery request for court review.

A party that intends to conduct discovery pursuant to Ind. Small Claims Rule 6 shall file a motion for approval of discovery. The proposed discovery request shall be filed with the motion for review by the Court.

CRITICALCriminal cases

Applies to

Written appearance

By filing a written appearance, attorneys certify their authorization to practice in the Allen Superior and Circuit Courts, and attorneys and unrepresented parties certify their agreement to follow the local rules and that they reviewed the Chronological Case Summary.

By entering a written appearance, the attorneys are certifying to the Court that they are authorized to practice law in the Allen Superior and Circuit Courts. By entering a written appearance, the attorneys and unrepresented parties are certifying to the Court that they have read and agree to be bound by the Allen County Local Rules, and have reviewed the Chronological Case Summary as required herein.

CRITICALCriminal cases

Applies to

Motion to lift stay

The judgment creditor must file a Motion to Lift Stay before a stayed garnishment order can be reactivated.

If a garnishment order is stayed at the request of the judgment creditor or as a result of a bankruptcy, then the judgment creditor shall file a Motion to Lift Stay before the garnishment order can be reactivated.

CRITICALCriminal cases

Applies to

Motion for default judgment

A motion for default judgment must include the specified fee and non-military-service affidavits, authority for amounts sought, and an attachment showing the calculation.

The following supporting documents shall also be provided: a. Affidavit of Attorney’s Fees; 1. Must comply with LR02-TR00-16; and, 2. Be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’sfees; b. Affidavit of Non-Military Service, including theServicemembers Civil Relief Act Status Report from the Department ofDefense; c. Written instrument allowing for the recovery of any other amounts sought, including interest rates and other fees; and, d. Attachment showing method of computation used to arrive at the amount requested.

CRITICALCriminal cases

Applies to

Certificate of issuance of summons

The Certificate of Issuance of Summons form calls for a certification that service was attempted on the defendant at the listed address.

The undersigned hereby certifies that pursuant to the Indiana Trial Rules of Procedure, service of the Complaint or Equivalent Pleading and Summons or the Notice of Claim was attempted on the following Defendant at the address provided below:

CRITICALCriminal cases

Applies to

Pretrial conference admission

A conference admission may not be used against the defendant unless it is written and signed by both the defendant and his attorney.

No admission made by the defendant or his attorney at the conference shall be used against the defendant unless the admissions are reduced to writing and signed by the defendant and his attorney.

CRITICALCriminal cases

Applies to

Motion to withdraw

Counsel’s motion to withdraw must include a copy of the notice to the defendant.

A copy of said notice shall be attached to counsel’s Motion to Withdraw.

CRITICALCriminal cases

Applies to

Return of service

When e-filing a Return of Service, the comment field must identify the documents, the party served or attempted to be served, and whether service was completed.

Note: if e-filing the Return of Service, the filer must specify in the comment field the name of the document(s), the party’s name who service was attempted on, and an indication whether service was either served or not served.

CRITICALCriminal cases

Applies to

Proposed temporary restraining order

When filing a verified dissolution or legal-separation petition, the petitioner or counsel must submit a proposed temporary restraining order to the Court.

At the time if the filing of a verified petition for dissolution of marriage or verified petition for legal separation, Petitioner or Petitioner’s counsel shall submit to the Court a proposed temporary restraining order for issuance by the Court.

CRITICALCriminal cases

The listed credit-card materials include an attorney-fee affidavit complying with LR02-TR00-16 and supporting fee authority, a billing statement with specified information, an affidavit of non-military service, and a computation attachment.

2. Affidavit of Attorney’s 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; 3. Actual credit card monthly billing statement from the date of last payment or last purchase (whichever is later), showing: a. Original creditor; b. Debtor’s name; c. Debtor’s address; d. Date of last payment and/or purchase; e. Interest rate; and, f. All fees requested; 4. Affidavit of Non-Military Service; and, 5. Attachment showing method of computation used to arrive at the amount requested.

CRITICALCriminal cases

Applies to

Notice of claim

A Notice of Claim seeking possession of real estate under a land contract must identify the land contract and include a copy of it.

1. If a plaintiff is requesting an order of possession with respect to real estate that is being purchased pursuant to a land contract, the Notice of Claim must clearly state that the real estate is subject to a land contract, and a copy of the contract shall be filed with the Notice of Claim.

CRITICALCriminal cases

Applies to

Exemption hearing

At a bank-account exemption hearing, the judgment debtor or third party must bring the account’s last three bank statements and documentation showing the source of the funds.

The judgment debtor or third party shall bring to the hearing the last three (3) bank statements for the account and any documentation which demonstrates the source of funds in the account such as pay stubs or social security records.

CRITICALCriminal cases

Applies to

Waiver

Unsuccessful or incomplete plea or resolution negotiations do not excuse discovery compliance unless both parties waive in writing compliance for a specified period and any speedy-trial requirements.

Failure of either party to engage in and comply with discovery shall not be excused by the parties’ unsuccessful or incomplete efforts to enter into a plea agreement or other resolution of the case unless both parties waive in writing (1) compliance with this order for a specified period of time and (2) any speedy trialrequirements.

WARNINGCriminal cases

Applies to

Default judgment request

The general default-judgment materials generally include copies of all assignments or transfers of the debt.

Copies of all assignments/transfers of the debt.

WARNINGCriminal cases

Applies to

Related documents

c. resubmit all related documents;

c. resubmit all related documents;

WARNINGCriminal cases

Applies to

Guardian ad litem report

When possible, submit a written report of the guardian ad litem’s findings and recommendations to the Court prior to the matter being heard by the Court.

When possible, submit a written report of the guardian ad litem’s findings and recommendations to the Court prior to the matter being heard by the Court.

WARNINGCriminal cases

Applies to

Written petition

A party may seek access to confidential records in another case by written petition based on relevancy and need.

Parties may seek access to the confidential cases or records in another case within the Family Court Proceeding in which they are not a party, by written petition based on relevancy and need.

WARNINGCriminal cases

Applies to

Proposed order

Counsel must prepare proposed orders when required by the Court, including orders on routine motions and agreements.

Counsel shall prepare proposed orders as may be required by the Court, such as orders granting or denying routine motions and agreements.

WARNINGCriminal cases

Applies to

Default judgment request

The general default-judgment materials generally include a compliant Affidavit of Debt, with additional information if the plaintiff is not the original creditor.

An Affidavit of Debt in a form that complies with the requirements of Ind. Small Claims Rule 2(B)(4)(b)(Appendix A). If the plaintiff is not the original creditor, then the Affidavit of Debt shall include additional information required by Ind. Small Claims Rule 2(B)(4)(c).

WARNINGCriminal cases

Applies to

Continuance motion or stipulation

The Court, in its discretion, may require any written motion or stipulation for continuance to be signed by the party requesting the continuance, in addition to the party’s attorney’ssignature.

The Court, in its discretion, may require any written motion or stipulation for continuance to be signed by the party requesting the continuance, in addition to the party’s attorney’ssignature.