Carroll County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Support determination

A Child Support Guidelines worksheet must be submitted whenever the Court is asked to determine support, including with agreed orders, and both parties must sign it under penalties of perjury.

A copy of the worksheet provided for in the Indiana Child Support Guidelines shall be submitted to the Court in each case in which the Court is asked to determine support, including cases in which agreed orders are submitted, and the worksheets shall be signed by both parties under penalties of perjury.

CRITICAL

Applies to

Support determination

Support determinations must follow the Indiana Child Support Guidelines; any deviation or exception requires good cause and written findings entered by the Court.

All support determinations shall be made in accordance with the Indiana Child Support Guidelines, any deviation or exception shall be with good cause and only upon written findings entered by the Court.

CRITICAL

Applies to

Written motion

A written motion is required to compel compliance, seek additional discovery outside the Rule, seek an exemptive protective order, or request an extension of time.

No written motion is required, except: a. To compel compliance under this Rule; b. For additional discovery not covered under this Rule; c. For a protective order seeking exemption from the provisions of this Rule; or d. For an extension of time to comply with this Rule.

CRITICAL

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

At the time of removal, the party receiving and removing the evidence shall give a detailed receipt to the court reporter, and the receipt will be made part of the court file.

CRITICAL

Applies to

Proposed order

When the Judge is unavailable, proposed orders left with the Clerk or Court Reporter must be submitted in enough copies for distribution to all affected parties.

All proposed orders left with the Clerk or Court Reporter when the Judge is not available shall be submitted in sufficient number so that distribution may be made to all affected parties.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court so the issue can be resolved before trial.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Discovery motion or request

A motion or request seeking disclosure or a protective order must include a statement describing the reasonable effort to reach agreement, including its date, time, place, method, and participants.

The party seeking disclosure or a protective order under this Rule shall include in the party’s motion or request a statement showing that the attorney making the motion or request has made a reasonable effort to reach agreement with opposing counsel concerning the matter set forth in the motion or request. In addition, this statement shall recite the date, time and place of this effort to reach agreement, whether the effort was made in person or by telephone and the names of all parties and attorneys participating therein.

CRITICAL

Applies to

Hearing notice

A copy of the hearing notice must be filed with the court on or before the trial date.

In all uncontested dissolution matters involving custody and support of children or the determination of real property interest or both, the petitioner's attorney or the petitioner, if appearing pro se, shall give notice of the time and place of the hearing by subpoena, notice of hearing, or letter served upon the respondent in accordance with Trial Rule 4 at least 7 days prior to the hearing date, and file a copy of the notice with the court on or before the trial date.

CRITICAL

Applies to

Consent to alternate service

A Courthouse box may be assigned only after the attorney or law firm files a Consent to Alternate Service (Form A) with the Circuit Court.

B. How Assigned. Such Courthouse boxes shall be assigned only after such attorney or law firm has filed with the Circuit Court a Consent to Alternate Service (Form A).

CRITICAL

Applies to

Proposed order

Unless the Court directs otherwise, the moving party or applicant must furnish proposed orders for the listed matters before entry, subject to the stated judgment exceptions.

Prior to entry by the Court of orders granting motions or application or setting hearing dates, the moving party or applicant shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters: (1) for enlargement of time (2) for continuance (3) for default judgment (4) to compel discovery (5) of dismissal (6) for appointment of receiver (7) for appointment of guardian (8) for restraining order, temporary or permanent injunction (9) for a protective order (10) for immediate possession of real estate (11) for immediate possession of personal property (12) for findings of fact and conclusions of law (13) for foreclosure of a mortgage or other lien (14) setting hearing date (15) and such other orders, judgments, or decrees as the Court may direct. This rule does not apply to judgments on general verdicts of the jury or upon a decision announced by the Court.

CRITICAL

Applies to

Jury instructions

Requests for Trial Rule 51 instructions must be written and cite applicable authority.

All requests for instructions tendered in accordance with Trial Rule 51 shall be in writing with citations to applicable authority.

WARNING

Applies to

Letter

Must include

caption, case number

A letter filed with the Court should identify the parties, the court, and the case number.

Any letter filed with the Court should have the parties’ names, the name of the court where the case is filed and the case number on it.

INFO

Applies to

Jury instructions

The court must permit additional instructions during trial, in the interest of justice, on matters that could not reasonably have been anticipated beforehand.

The court shall, in the interest of justice, permit the tender of additional instructions during the trial on matters which could not have been reasonably anticipated in advance of trial.