Brown County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Deposition transcript

If a deposition transcript is produced, it must be submitted to the witness for review, signature, and changes under Trial Rule 30(E), and made accessible to all parties electronically or on paper.

4. if a transcript of the deposition is produced by a party, the transcript shall be submitted to the witness for reading, signing and changes in a manner consistent with Indiana Trial Rule 30(E). The party producing the transcript shall make the transcript accessible to all parties, electronically or by paper copy.

CRITICAL

Applies to

Final decree

When a final decree vests real estate in heirs or beneficiaries, it must be recorded in the county where the real estate is located.

If a final decree provides that real estate shall vest in heirs or beneficiaries of the estate, the final decree shall be recorded with the office of the Recorder in the county in which the real estate is located,

CRITICAL

Applies to

Agreement

An agreement must not include a court signature line, and the proposed order or decree must incorporate and approve the agreement.

An agreement shall not contain a signature line for the court, but the proposed order or decree submitted by the parties shall contain language incorporating and approving the agreement in the order or decree.

CRITICAL

Applies to

Proposed order

A party requesting a joint order under Trial Rule 65(E)(1) must provide the Court with a proposed order following that rule’s specific language.

Any party submitting a request for such a joint order shall provide the Court with a proposed order following the specific language of Trial Rule 65(E)(1).

CRITICAL

Applies to

Order for no contact

Before release, the person must sign the specified no-contact order; a person who refuses may not be released without court authority.

The person shall sign the Order for No Contact as a Condition of Bond for Felony or Class A Offenses Involving Violence prior to release. Any person who refuses to sign the form shall not be released without authority of the Court.

CRITICAL

Applies to

Joint order

A joint order under Trial Rule 65(E)(1) must be entered against both parties and limited to the terms specified in that rule.

A joint order issued under Trial Rule 65(E)(1) shall be entered against both parties and shall be limited to the terms of the order as specified in Trial Rule 65(E)(1).

CRITICAL

Applies to

Petition for appointment of guardian of minor

A petition to appoint a guardian of a minor must include the minor’s current address, two-year residence and household history, known custody litigation, and known custody or parenting-time claims by nonparties.

Every petition for appointment of a guardian of a minor shall contain the following information: 1. The minor’s present address; 2. The places the minor has resided within the past two years and the names and present addresses of persons with whom the minor has lived during that period; 3. Whether, to the petitioner’s knowledge, any other litigation in pending concerning the custody of the minor in pending in this state or any other state; and 4. Whether, to the petitioner’s knowledge, any person not a party to the guardianship proceedings has physical or legal custody of the minor or claims to have legal or physical custody of the minor or has parenting time or visitation rights with respect to the minor; and

CRITICAL

Applies to

Petition for sale

A petition to sell real estate in a supervised estate must include a recent written appraisal or market analysis, unless one was previously filed with the inventory.

The fiduciary shall file a written appraisal or market analysis by a qualified real estate professional with any petition for the sale of real estate in a supervised estate, unless such an appraisal or analysis was previously filed with an inventory. The appraisal or market analysis shall have been made within one (1) year of the date of the filing of the petition for sale.

CRITICAL

Applies to

Pretrial services report

The pretrial services officer must prepare and file a Pretrial Services Report.

The pretrial services officer shall prepare and file a Pretrial Services Report.

CRITICAL

Applies to

Guardianship hearing

In an adult-incapacity guardianship hearing, the allegedly incapacitated person must attend unless sufficient evidence is presented that the person cannot appear.

In all guardianship matters seeking to declare an adult incapacitated for any reason, the allegedly incapacitated person shall be present at the hearing or sufficient evidence shall be presented showing that the incapacitated person is unable to appear.

CRITICAL

Applies to

Order for no contact

The original no-contact order must be delivered to the Court with the Cash Bond and Official Notice or surety bond form.

The original shall be delivered to the Court with the Cash Bond and Official Notice or surety bond form.

CRITICAL

Applies to

Pretrial notice

A party intending to offer biologically contaminated evidence must file a pretrial notice.

A party who intends to offer biologically contaminated evidence must file a pretrial notice and serve all parties.

CRITICAL

Applies to

Marital balance sheet

In contested dissolution cases, parties must file and exchange a marital balance sheet at least 30 days before mediation or the final hearing, including specified asset, debt, and division information.

In all contested dissolution of marriage cases, each party shall file with the court and exchange a marital balance sheet at least 30 days before any mediation or final hearing. This balance sheet shall include a list of all assets, with corresponding values, and debts, with corresponding balances, as of the date of filing, as well as a proposed division of the marital estate.

CRITICAL

Applies to

Bond waiver request

A request to waive the bond requirement must explain its reasons in detail.

Any request to waive this requirement must set forth in detail the reason(s) for said request.

CRITICAL

Applies to

Child support agreement

A completed child support worksheet must accompany any child support agreement, including an agreement that neither party will pay child support.

A completed child support worksheet as required by Guideline 3(B)1 of the Indiana Child Support Guidelines shall be submitted with any agreement regarding child support, including an agreement between the parties that no child support will be paid by either party.

CRITICAL

Each party must continue informing the Court of other cases involving the children until the pending case is finally resolved.

Each party shall have a continuing duty to inform the Court of other cases involving the child or children until final resolution of the pending case.

CRITICAL

Applies to

Cash bond agreement

A person posting a full cash or cash bond must execute an agreement addressing forfeiture and additional amounts owed if the person fails to appear.

If the person posts a full cash or cash bond, the person must execute an agreement that in the event of a failure to appear as scheduled, the person shall forfeit the deposit and must also pay additional amounts to satisfy the full amount of bail plus associated court costs, fees and expenses

CRITICAL

Applies to

Deed

A deed submitted for Court approval in an estate proceeding must be signed by the fiduciary before a notary public.

Any deed submitted to the Court for approval in an estate proceeding must be first signed by the fiduciary before a notary public.

CRITICAL

Applies to

Child support hearing materials

For a hearing involving determination or modification of child support, parties must provide a completed child support worksheet and bring proof of income.

Parties shall provide a completed child support worksheet for any hearing at which the determination or modification of child support is an issue and shall bring proof of income to the hearing.

CRITICAL

Applies to

Intermediate account

An intermediate account must comply with the cited statutes, explain why the estate cannot be closed and give an estimated closing date, and propose any nonprejudicial partial distribution.

Such accounting shall comply with the requirements of I.C. 29-1-16-4 and 29-1-16-6 and shall: 1. State facts showing why the estate cannot be closed and an estimated date of closing; and 2. Propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

CRITICAL

Applies to

Cash bond agreement

A person posting a full cash or cash bond must execute an agreement authorizing use of the cash for specified costs and fees if convicted.

If the person posts a full cash or cash bond, the Defendant must execute an agreement authorizing the Court to use all or part of the cash posted to pay for fines, costs, restitution, and fees (including public defender fees, probation user fees, community corrections fees, etc.) if convicted.

CRITICAL

Applies to

Amended marital balance sheet

Within 7 days after both parties file and exchange their balance sheets, each must file an amended balance sheet and proposed division addressing assets or debts omitted from its initial filing.

After both parties have filed and exchanged the marital balance sheet, each party shall, within 7 days thereafter, file an amended marital balance sheet and proposed division of the marital estate to address any asset(s) or debt(s) that appear on the other party’s balance sheet, but was not addressed on that party’s initial marital balance sheet.

CRITICAL

Applies to

Pretrial services intake form

An arrested person must complete and sign the Pretrial Services Intake Information Form; refusal means the person may not be released without court authority.

A person who is arrested shall complete the Brown County Pretrial Services Intake Information Form. Any person who refuses to complete and sign the Brown County Pretrial Services Intake Information Form shall not be released without authority of the Court.

CRITICAL

Applies to

Final hearing request

A party must request a final hearing before the Court will schedule one in a dissolution case.

The Court will not schedule a final hearing in a dissolution of marriage case until one of the parties requests that a final hearing be scheduled.

CRITICAL

Applies to

Final hearing waiver submission

The parties may waive a final hearing only by submitting a waiver signed by both parties, a settlement agreement, and a proposed dissolution decree, plus a child support worksheet if they have minor children.

Parties may waive a final hearing in dissolution of marriage cases, however, both parties must sign and submit a written waiver of final hearing and submit a settlement agreement with a proposed decree of dissolution of marriage, and a child support worksheet if there are minor children of the marriage.

CRITICAL

Applies to

Petition to withdraw appearance

The withdrawal petition must attach the client notice, which must explain the consequences of not obtaining new counsel and identify applicable dates and deadlines, unless paragraph (B) is waived.

A copy of the written notice shall be attached to the petition to withdraw. The written notice to the client shall explain the possible effects of failure to secure new counsel and shall set forth any hearing or trial dates and any pleading, discovery or other pre-trial deadlines. C. Motions Filed Subsequent to the Appearance of Other Counsel: Motions to withdraw an appearance filed subsequent to the proper appearance of other counsel shall constitute a waiver of the requirements of paragraph (B) of this rule.

CRITICAL

Applies to

Settlement agreement

If parties waive the final hearing and submit a settlement agreement after initial costs were waived, they must provide proof of payment or further evidence supporting complete waiver with the agreement.

If the court costs are initially waived, and the parties later waive a final hearing and submit a settlement agreement for the Court’s approval, the parties shall provide proof that the court costs have been paid with their agreement or submit further evidence that the payment of court costs should be completely waived.

CRITICAL

Applies to

Exhibits

Parties must bring enough exhibit copies to the hearing for every party and the court to receive one.

Parties shall bring sufficient copies of exhibits to the hearing such that each party and the court shall receive a copy.

CRITICAL

Applies to

Marital balance sheet

Parties must keep their marital balance sheets and proposed divisions updated until mediation or the final hearing.

All parties are under an obligation to update the marital balance sheet and proposed division of the marital estate until any mediation and/or final hearing.

CRITICAL

Applies to

Ex parte temporary restraining or protective order request

A party seeking an ex parte temporary restraining or protective order must comply with Trial Rule 65(E) and I.C. 34-26-5-1 et seq.

Any party seeking an ex parte temporary restraining or protective order must comply with the requirements of Trial Rule 65(E) and I.C. 34-26-5-1 et seq.

CRITICAL

Applies to

Child support agreement

An agreement that deviates from the Indiana Child Support Guidelines must explain the reason for the deviation.

When an agreement deviates from the Indiana Child Support Guidelines, the parties shall include an explanation of the reason for the deviation in their agreement.

CRITICAL

Applies to

Fee petition

A petition for fiduciary or attorney fees must detail the services performed, the requested fee, and how the fee was calculated.

Any petition for fiduciary or attorney fees must include a detailed statement of the services performed, the amount of fee requested, and how the fee was calculated.

CRITICAL

Applies to

Proof of parenting class completion

In a dissolution case, parents must complete the class and provide proof before the final hearing; unless otherwise ordered, the Court will not hold the hearing or grant the decree until both parents provide proof.

In dissolution of marriage cases, the parents must complete the class prior to the final hearing and provide proof of completion to the court. Unless otherwise ordered, the court will not conduct a final hearing or grant the decree of dissolution of marriage until both parents provide proof that they have completed the class.

CRITICAL

Applies to

Notice

A party in a dissolution or paternity case involving children must file notice of any other pending or closed court case involving those children.

Any party to a dissolution or paternity action involving a child or children, shall file a notice in that case advising the Court of any other case, whether pending or closed, in any court involving any child or children involved in the currently pending case.

CRITICAL

Applies to

Supplemental report

Evidence that the final decree was recorded must be provided to the Court in a supplemental report.

evidence of this recording shall be provided to the Court in a supplemental report.

CRITICAL

Applies to

Motion to withdraw appearance

Counsel must request permission to withdraw by written motion and comply with Trial Rule 3.1(E), including the required certification.

A. Written Motion and Compliance with Trial Rule 3.1: Permission to withdraw an appearance by counsel shall be requested by written motion. Permission to withdraw shall be given only after the petitioning attorney has complied with the requirements of T.R. 3.1(E), including a certification of the last known address and telephone number of the party, subject to the confidentiality requirements of T.R. 3.1.

CRITICAL

Applies to

Deed

Copies of deeds submitted for approval in an estate proceeding must be filed with the Court for its records.

Copies of all deeds submitted to the Court for approval in an estate proceeding shall be filed with the Court for its records.

CRITICAL

Applies to

Motion petition request for court action

Must include

proposed order

Every motion, petition, or request for court action must include a proposed order with a complete distribution list and specified information about the matter and any requested hearing.

B. Submission of Proposed Orders: All motions, petitions, and requests for action by the Court must be accompanied by a proposed order. Proposed orders shall include a complete distribution list including all parties, or if represented, their counsel, the Guardian Ad Litem if appointed in the case, and all other persons to whom the order should be distributed. All proposed orders shall identify the motion or petition to be ruled on, and, if a hearing is requested, a description of the specific hearing to be set and a statement of the anticipated length of the hearing.

CRITICAL

Applies to

Estate bond

A. It is the policy of the Court to require that a corporate surety bond in an amount to be determined by the Court be acquired and filed by the fiduciary in every estate, whether supervised or unsupervised, before letters are issued to that fiduciary.

A. It is the policy of the Court to require that a corporate surety bond in an amount to be determined by the Court be acquired and filed by the fiduciary in every estate, whether supervised or unsupervised, before letters are issued to that fiduciary.

CRITICAL

Applies to

Transcript fee report

Court reporters must report the specified transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.

J. Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration.

CRITICAL

Applies to

Agreement

Must include

proposed order

Agreements must be signed by both parties and include a proposed order or decree.

Agreements shall be signed by both parties and shall include a proposed order or decree.

CRITICAL

Applies to

Private practice agreement

If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space and supplies, and the court agrees to the use of the court equipment for such a purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: a. The reasonable market rate for the use of the equipment, work space and supplies; b. The method by which records are to be kept for the use of equipment, work space and supplies; and c. The method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.

If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space and supplies, and the court agrees to the use of the court equipment for such a purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: a. The reasonable market rate for the use of the equipment, work space and supplies; b. The method by which records are to be kept for the use of equipment, work space and supplies; and c. The method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.

CRITICAL

Applies to

Final hearing request

Must include

certificate of service

A party requesting a final hearing must file a written request with a certificate of service stating whether issues are contested and the approximate hearing time.

A party seeking to have a final hearing scheduled must file a written request for a final hearing, provide a copy to the opposing party, and include a certificate of service on the request. The request shall state whether there are contested issues and the approximate amount of time required for the hearing.

CRITICAL

Applies to

Order of withdrawal

An attorney's representation in a family law case terminates only when the Court grants an order of withdrawal under the applicable local rule.

The representative capacity of attorneys appearing on behalf of any party in a family law case shall be deemed terminated only upon an order of withdrawal granted in accordance with the Local Rule of the Brown Circuit Court. (See LR07-TR3.1-02)

CRITICAL

Applies to

Witness and exhibit list

The witness and exhibit list filed with the court must identify the witnesses and exhibits for the specified hearings, subject to exclusion for omissions unless good cause supports a court waiver.

Parties shall file the list of witnesses and exhibits with the court at least 7 days prior to any of the hearings specified in section “a.” Failure to include a witness or exhibit shall preclude the witness from testifying or the exhibit from being introduced, unless the court waives the requirement for good cause shown.

CRITICAL

Applies to

Proof of parenting class completion

In a paternity case, parents must complete the class and provide proof before the final hearing on custody and parenting time; unless otherwise ordered, the Court will not enter a final order on those matters until both parents provide proof.

In paternity cases, the parents must complete the class prior to the final hearing regarding custody and parenting time. Unless otherwise ordered, the court will not enter a final order regarding custody and parenting time until both parents provide proof that they have completed the class.

CRITICAL

Applies to

Broadcast permission request

A media request to broadcast must be written and use the Appendix A form.

A member of the news media may request permission to broadcast by submitting a written request at least 7 days in advance of the hearing or proceeding. The request shall be made using the form found in Appendix A.

CRITICAL

Applies to

Petition to open estate

A petition to open an estate must state the probable assets and their value, including personal property, estimated annual rents and profits, and known debt or tax liability.

To facilitate the Court’s determination of the amount of bond to be required in any estate, all petitions to open an estate shall set forth the probable assets of the estate and the value of such assets, including the value of all personal property plus the estimated annual rents and profits to be derived from the property in the estate and the amount of any known debt and/or tax liability.

CRITICAL

Applies to

Pleading

Must include

certificate of service

Self-represented parties must include a certificate of service with each pleading, stating who received the document, the service method, and the date sent.

Self-represented parties shall file appropriate pleadings to request court action and shall include with each pleading a “certificate of service” that states that the document was provided to the other party(ies) or to the attorney(s) for the other party(ies); the method of serving the document; and the date that it was sent.

CRITICAL

Applies to

Fee petition

A fee petition must be signed and approved in writing by the fiduciary.

A petition for fees must be signed and approved in writing by the fiduciary.