Blackford County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Brief

When a brief refers to a pleading, counsel must identify the pleading’s filing date to the court.

When reference is made in a brief to a pleading, counsel shall indicate to the Court the filing date of said pleading.

CRITICAL

Applies to

Pleading motion brief or other paper

The original documents must include a certificate that copies were forwarded to the Senior/Special Judge.

Once a Senior/Special Judge has qualified, parties shall mail or deliver to the Senior/Special Judge, copies of all pleadings, motions, briefs or other papers filed thereafter with a certificate of forwarding same made a part of the original documents.

CRITICAL

Applies to

Financial disclosure statement

For each asset, provide its actual value or, when appropriate, its appraised or estimated value and identify which value is given, as of the parties’ final separation.

When supplying the information called for, give the actual or, where the nature of the assets requires, the appraised or estimated value (including which) of each asset at the date of the final separation of the parties.

CRITICAL

Applies to

Agreed order

In dissolution and paternity actions, a child support worksheet must accompany any Agreed Order involving support, including the specified decrees.

In dissolution and paternity actions, the parties must file a child support worksheet to accompany any Agreed Order involving support, including their Decree of Dissolution of Marriage and Decree of Paternity.

CRITICAL

Applies to

Petition to withdraw

Must include

certificate of service

A withdrawal petition must include the client’s complete mailing address and telephone number and list the client on its certificate of service.

The petition shall contain the client’s complete mailing address and telephone number and shall list the client on the certificate of service.

CRITICAL

Applies to

Transport order

Counsel or a party requesting an incarcerated person’s attendance must prepare a transport order directed to the Sheriff of Blackford County that states the transport’s date, time, and purpose and identifies the court requiring the person’s attendance.

In any civil or criminal case wherein the participation or testimony of an incarcerated litigant or party is necessary, it shall be the responsibility of the counsel or party requesting the attendance of the incarcerated person to prepare an order of transport for consideration by the Court. The order of transport shall be directed to the Sheriff of Blackford County and shall specifically set forth the date, time and purpose of the transport of the incarcerated person, and specifically designate the court wherein the incarcerated person’s attendance is required.

CRITICAL

Applies to

Verified financial disclosure statement

The financial disclosure statement must be supplemented or amended before trial if the filer learns its information is incorrect or no longer true.

Further, I understand that I am under a duty to supplement or amend this VERIFIED FINANCIAL DISCLOSURE STATEMENT prior to trial if I learn that the information which has been provided is either incorrect or that the information provided is no longer true.

CRITICAL

Applies to

Brief

Noncompliance with the brief requirements subjects the motions and responses to summary ruling.

Failure to comply with the provisions of this rule shall subject such motions and responses to summary ruling.

CRITICAL

Applies to

Petition to withdraw

Must include

proposed order

Counsel must tender a proposed order with the petition to withdraw when filing it.

At the time of filing a petition to withdraw, counsel shall tender to the Court an order granting the petition and ordering the relief sought.

CRITICAL

Applies to

Divorce decree

A divorce decree must include a calculation of child support arrearage under a provisional order, or a further claim is waived.

and a calculation of any child support arrearage pursuant to a provisional order must be included in the divorce decree or further claim shall be waived.

CRITICAL

Applies to

Financial disclosure statement

For each jointly owned asset, indicate each spouse’s contribution to its value.

Indicate how much of a value of each asset held in joint ownership was contributed by the husband (h) and how much by the wife (w).

CRITICAL

Applies to

Decree

The decree must state that the non-custodial parent is responsible for the annual child support docket fee.

The written decree must state that the non-custodial parent is responsible for the annual child support docket fee.

CRITICAL

Applies to

Jury instructions

Each proposed jury instruction must include legal authority and an indication for the court’s disposition at the bottom of the instruction.

Proposed preliminary and final instructions, special or pattern, in civil cases and in criminal, shall be submitted on 8 ½ x 11 paper, double spaced, with legal authority and indication for the court’s disposition placed on the bottom of the instruction.

CRITICAL

Applies to

Petition to withdraw

Counsel seeking to withdraw from a pending action must file a petition requesting the court’s leave.

Counsel desiring to withdraw an appearance in any pending action shall file a petition requesting leave of Court to do so.

CRITICAL

Applies to

Final pretrial materials

Each party must submit the listed trial materials to the Court at the final pre-trial conference.

At the final pre-trial conference, each party shall submit to the Court the following:  Copies of all exhibits that will be introduced at trial.  Any motions in limine intended to be filed prior to trial.  Preliminary instructions that will be filed with the Court, as well as anticipated final instructions.  Statements pursuant to Indiana Jury Rule 14 (mini opening statements) in writing. Non-written statements will not be permitted. Written statements shall not exceed two (2) minutes in length. All such lists, exhibits, copies, statements and instructions shall be submitted to the Court at the Final Pre-Trial Conference.

CRITICAL

Applies to

Decree

Sufficient copies of the decree must be tendered for all counsel and for unrepresented parties.

Sufficient copies of the decree for all counsel and parties if unrepresented must be tendered.

CRITICAL

Applies to

Decree

The decree must provide for payment of medical bills not covered by insurance, pursuant to the child support rules.

The decree must also provide for the payment of medical bills not paid for by insurance, pursuant to the child support rules.

CRITICAL

Applies to

Petition to withdraw

Absent good cause, an attorney may withdraw only after giving ten days’ written notice before any scheduled trial or hearing.

Absent good cause shown, permission to withdraw shall be given only if the petitioning attorney has given ten (10) days written notice of the intent to withdraw before any scheduled trial or hearing.

CRITICAL

Applies to

Income verification

The required income verification must include three recent paycheck stubs, a complete federal tax return with schedules, and the first page of the last state tax return.

You are required by the Trial Court to attach the following: 1. Your three most recent paycheck stubs. 2. A full and complete copy including schedules of your last Federal Income Tax Return. 3. The first page of your last State Income Tax Return.

CRITICAL

Applies to

Financial disclosure statement

The parties must state under oath that they have fully disclosed their assets and liabilities.

The parties shall state under oath that they have made full disclosure of assets and liabilities.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Every continuance motion must be accompanied by a separate proposed order.

(D) All motions for continuance shall be accompanied by a separate proposed order.

CRITICAL

Applies to

Mini opening statement

Mini-opening statements must be written; non-written statements are prohibited, and written statements may not exceed two minutes in length.

Statements pursuant to Indiana Jury Rule 14 (mini opening statements) in writing. Non-written statements will not be permitted. Written statements shall not exceed two (2) minutes in length.

CRITICAL

Applies to

Evidentiary questions

Questions about witness qualifications, privilege, or evidence admissibility, including motions in limine, must be submitted in writing for resolution at the final formal pre-trial.

Pursuant to Rule 104(a) of the Indiana Rules of Evidence, all questions concerning the qualifications of a person to be a witness, the existence of a privilege, or the admissibility of evidence (including motions in limine) shall be submitted to the Court in writing. The Court will then settle those questions at the final formal pre-trial.

CRITICAL

Applies to

Motion

A Trial Rule 12 motion must be accompanied by a brief or memorandum.

All motions filed pursuant to T.R. 12 (Motions to Dismiss, Motion to Strike etc.) shall be accompanied by a brief or memorandum.

CRITICAL

Applies to

Special judge agreement

The parties’ agreement must be written and filed with the court under the cause number.

The agreement shall be in writing, and the parties shall file the written agreement with this court under the above cause number.

CRITICAL

Applies to

Financial disclosure statement

For an asset outside the court’s jurisdiction, state its location and provide details on a separate sheet if necessary.

If any asset is located outside the jurisdiction of this Court, state where it is located and, if necessary, give details on a separate sheet.

CRITICAL

Applies to

Decree

A child support worksheet must be attached to every decree.

A child support worksheet must be attached to all decrees,

CRITICAL

Applies to

Deposition

An agreement to use a deposition in lieu of trial testimony must be noted within the deposition.

In the event an agreement to use depositions in such manner is reached, pursuant to T.R. 32(A)(3)(f), such agreement shall be noted within the context of the deposition.

CRITICAL

Applies to

Written stipulation

The parties must stipulate in writing to the assets, liabilities, and other matters on which they agree.

The parties shall stipulate in writing those assets and liabilities and other matters as to which there is no disagreement.

CRITICAL

Applies to

Written report

Parties may pretrial a case before its scheduled omnibus/pretrial date if they file a written report with the Court by that date.

The parties may pretrial any case prior to the scheduled omnibus/pretrial date, providing a written report to the Court is filed on or before the scheduled omnibus/pretrial date.

CRITICAL

Applies to

Financial declaration

The parties must exchange the financial declaration at least five business days before the final contested hearing.

An approved financial declaration for use by all divorcing parties is attached to these rules, and must be exchanged by the parties at least five (5) business days before the final, contested hearing.

CRITICAL

Applies to

Settlement agreement

A settlement agreement establishing parenting time must certify that the parties received, read, and understand the Indiana Parenting Time Guidelines.

In all settlement agreements in which parenting time is established, the parties shall certify in such agreement that they have received a copy of the Indiana Parenting Time Guidelines and have read and understand the same.

CRITICAL

Applies to

Contested hearing submission

Also, if applicable, a child support worksheet shall be filed by each party.

Also, if applicable, a child support worksheet shall be filed by each party.

CRITICAL

Applies to

Notice of hearing

When a motion requires a hearing notice, provide a Notice of Hearing form with the hearing date, time, and anticipated presentation time, after coordinating the date and time with court staff and counsel of record.

When a motion requires notice of hearing, a Notice of Hearing form shall be provided. The time and date of hearing shall be inserted and previously coordinated with Court staff and any counsel of record, and the time anticipated as necessary to present evidence/argument shall be stated.

CRITICAL

Applies to

Contested hearing submission

For contested final or provisional hearings, parties or counsel must prepare and submit asset and debt lists, a proposed distribution identifying disputed items, and supporting documents or exhibits.

At contested final or provisional hearings, parties or their counsel are directed to prepare and submit a list of assets, list of debts, and proposed distribution of assets and debts indicating those items which are in dispute along with any other supporting documents or exhibits.

CRITICAL

Applies to

Motion

A motion for summary judgment must be accompanied by a brief.

Motions for Summary Judgment shall be accompanied by a brief.

CRITICAL

Applies to

Brief

A brief referring to interrogatories or a deposition must include copies of the pertinent questions and answers.

When reference is made to interrogatories or deposition, copies of the pertinent questions and answers shall be attached to the brief.

CRITICAL

Applies to

Child support obligation worksheet

Each party must complete the applicable portion of the child support worksheet, sign it, and file it in proceedings establishing or modifying child support.

Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court. This worksheet is required in all proceedings establishing or modifying child support.

CRITICAL

Applies to

Decree

The party directed by the court must prepare the post-hearing decree and submit it to the opposing party or counsel for approval or proposed changes.

A decree prepared following a hearing at the direction of the court shall be prepared by the party directed by the Court and submitted to the opposing party or counsel who shall have three (3) business days to approve the form of order or to propose changes.

CRITICAL

Applies to

Brief

Support and opposition briefs for motions to dismiss or summary judgment must specifically cite the materials relied upon.

Briefs in support of and in opposition to Motions to Dismiss or for Summary Judgment shall make specific reference to materials relied upon to support or oppose the Motion.

CRITICAL

Applies to

Special judge agreement

The parties’ agreement must be in writing and filed in the court under the cause number.

The agreement shall be in writing, and the parties shall file the written agreement in this court under the above cause number.

WARNING

Applies to

Financial disclosure statement

When a requested item is inappropriate for the case, provide only case-appropriate information and identify the inquiries that do not apply.

The Court recognizes that this form calls for information that may not be appropriate in every case. In those cases in which it is not appropriate, merely supply information appropriate to the case at hand and indicate those inquiries that are not applicable.

WARNING

Attach a separate list of debts if necessary.

(Including but not limited to Mortgages, Charge Cards, Loans, Credit Union, Etc.; attach separate list if necessary)

WARNING

Applies to

Verified financial disclosure statement

The financial disclosure statement directs the filer to list other income sources, including but not limited to the examples provided.

List other sources of income; including but not limited to Dividends, Earned Interest, Rents, Public Assistance (AFDC), Social Security, Worker’s Compensation, Child Support from prior marriage, Military or Other Retirement, Unemployment Compensation, etc.

WARNING

Applies to

Financial disclosure statement

The disclosure should be supplemented as needed, using additional referenced sheets when necessary.

It is intended also to facilitate a full disclosure of all assets of the parties and should be supplemented where necessary to accomplish that purpose. If needed, use additional sheets and attach with appropriate references.

WARNING

Applies to

Brief

Parties should attach copies of the cited materials to their briefs wherever feasible.

Wherever feasible, copies of said materials should be attached to the respective briefs of the parties.

WARNING

Applies to

Verified financial disclosure statement

Failure to comply results in admitting all information in the opposing party’s verified financial disclosure statement.

FAILURE TO COMPLY WILL RESULT IN YOUR ADMITTING ALL INFORMATION CONTAINED IN THE OPPOSING PARTY’S VERIFIED FIANCIAL DISCLOSURE STATEMENT.

WARNING

Applies to

Personal property listing

Attach additional pages to the personal-property listing if necessary.

[Attach additional pages if necessary]

INFO

Applies to

Order

If the opposing party or counsel does not respond, the preparing party may forward the order to the court for signature.

In the absence of such a response, the party preparing the order may forward the order to the court for signature.

INFO

Applies to

Financial disclosure form

The financial disclosure form is designated for use in dissolution cases where property distribution is an issue.

It is for use in all dissolution cases in which distribution of property is an issue.