Benton County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Fax
Page & Word Limits1 rule
Facsimile transmissions: send to (765) 884-2027, only ten pages or less.
- Fax transmission
- Up to 10 pages
Document Filing Requirements9 rules
At the time of removal, a detailed receipt shall be given to the Court Reporter and filed with the cause.
The parties shall exchange the STATEMENT not later than fourteen days before the contested hearing each shall file a copy with the Court not later than two days before the hearing.
The original document and the transmission log must be maintained by the sending party for the duration of the litigation.
However, any faxed Motion, Response, etc., must contain a proper cover sheet and Proposed Order (see rule 20).
- Document
- Faxed motion or response
Must include
- •Proposed order
When the parties are disputing or expect to dispute the division of marital assets or what property is a marital asset, the parties shall complete the form entitled STATEMENT OF MARITALAND NON-MARITAL ASSETS, INCOME AND EXPENSES.
The parties must ensure the counselor files a statement listing the session dates, attendees, length, total cost, and issues discussed before the Court grants a decree.
Court's wording
The parties shall ensure the counselor files with the Court, a statement indicating the following: {Date of sessions; Persons present; Length of session; Cost of all sessions; and Issues discussed} The counselor’s statement must be on file with the Court prior to the Court granting a Decree of Dissolution or Legal Separation.
The Court Reporter must submit an annual report on the prescribed forms listing all transcript fees received.
Court's wording
The Court Reporter shall report on an annual basis to the Indiana Supreme Court Division of State Court Administration on forms prescribed by the Division, all transcript fees (either county indigent, state indigent or private) received by the Court Reporter.
A daily log sheet shall be kept by the Court Reporter and submitted to the Court on a quarterly basis.
All parties shall submit a Proposed Order with all Motions, Petitions, or filings which ordinarily require an Order to be entered.
- Document
- Motion petition or filing requiring order
Must include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
Faxing is prohibited except for specified motions concerning hearings within seven business days or an emergency requiring timely notice.
Rule: No faxes unless it meets the Exception. Exception: Only fax when you are filing a Motion to cancel, continue, or change a hearing that is 7 business days or less from the date of the fax, OR there is some other emergency need such that the parties need to be timely informed.
Page 2 | TR04-TR-2 Facsimile Transmissions
Paperwork may not be sent by both fax and regular mail; choose only one method.
Do Not: send paperwork by fax and regular mail. PICK ONLY ONE, PER THIS RULE. (sending by fax and mail creates confusion and extra paperwork)
Page 2 | TR04-TR-2 Facsimile Transmissions
Filing Timing and Cure Windows
Each party must file the statement with the Court not later than two days before the contested hearing.
The parties shall exchange the STATEMENT not later than fourteen days before the contested hearing each shall file a copy with the Court not later than two days before the hearing.
Page 2 | TR04-TR-4 Contested Divorces “Statement of Marital and Non-marital Assets”
The detailed receipt must be filed with the case at the time the exhibits are removed.
At the time of removal, a detailed receipt shall be given to the Court Reporter and filed with the cause.
Page 2 | TR04-TR-3 Custody, Removal, and Destruction of Exhibits in Civil Cases
Proposed preliminary and final jury instructions must be filed 10 days before trial; proposed final instructions may be amended.
Proposed preliminary and final instructions shall be filed with the Court 10 days prior to trial, with the right to amend the proposed final instructions.
Page 9 | TR04-AR-21 Jury Trial Procedures
Service and Proof of Service Rules
The parties must exchange the statement at least fourteen days before the contested hearing.
The parties shall exchange the STATEMENT not later than fourteen days before the contested hearing each shall file a copy with the Court not later than two days before the hearing.
Page 2 | TR04-TR-4 Contested Divorces “Statement of Marital and Non-marital Assets”
Pre-Motion Conference Requirements
In visitation, parenting-time, and custody disputes, parties must attempt informal resolution or use formal mediation after initiating court action, unless they completed mediation for the current dispute before filing and show proof to the Court.
In all disputes concerning visitation, parenting time, custody, or modification of custody, the parties shall informally resolve the case or follow formal mediation: (see below) 1. Informal Resolution: Try to resolve the dispute on their own, with a third neutral person, or with a registered or non-registered mediator of their own choosing. 2. Formal Mediation: a. Petition or Motion: Once Court action is initiated, the parties shall enter formal mediation pursuant to the Rules For Alternative Dispute Resolution and Rule 2 thereof entitled MEDIATION, unless formal mediation has already been completed for the current dispute prior to the filing of the Petition or Motion and proof is shown to the Court. b. Mediator: The parties may agree on any registered mediator as shown on the Commission’s registry without Court approval. The parties may agree upon a non- registered mediator who is approved by the Court. Approval by phone is appropriate.
Page 4 | TR-04TR-6 Parenting Time Guidelines (Application in Order—Mediation Requirement)
Chambers Communication Rules
Fax transmissions must be sent to (765) 884-2027.
Facsimile transmissions: send to (765) 884-2027
Page 2 | TR04-TR-2 Facsimile Transmissions
The Court may approve a non-registered mediator by phone.
The parties may agree upon a non-registered mediator who is approved by the Court. Approval by phone is appropriate.
Page 4 | TR-04TR-6 Parenting Time Guidelines (Application in Order—Mediation Requirement)
The bond schedule and related documents may be requested from the Clerk, Court, or Jail.
Those documents are available from the Clerk, Court, or Jail upon request.
Page 9 | TR04-AR-19 Bond Schedule; Automatic No Contact Orders; Order to Appear