Clark County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must state the scheduled date, reason, requested delay, and opposing parties’ position after inquiry; without that position, the Court will take no action.
- For good cause, the time limit for exchanging the financial disclosure statement may be extended or shortened.
- Failure to attend and complete the seminar may be cause for continuing the matter until attendance is completed.
Request must include
Document Format Requirements15 rules
All pleadings, motions, entries, orders, judgments and other papers shall be filed on letter size [8 1/2 x 11] paper.
- Paper size
- Letter
No "form" discovery shall be served upon a party unless all discovery requests on such forms are consecutively numbered and applicable to the case.
B. Form of Injunction. The moving party shall prepare such order in a form consistent with that set forth in the Appendix to these Local Family Rules of Procedure.
F. Form of Restraining Order. The moving party shall prepare such order in a form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
Attorneys may not use the court’s signature stamp until the original is signed by the judge.
B. Form of Order. The moving party shall prepare such order in a form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
F. Form of Order. The moving party shall prepare such order in form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
A property TRO and a personal TRO requested under I.C. 31-15-4-3 must issue as separate orders and may not be combined.
Court's wording
I. Separate Orders Required. A Temporary Restraining Order- Property and a Temporary Restraining Order-Person requested under I.C. 31-15-4-3 may not be combined under one order and must issue as separate orders.
The moving party shall prepare such order in a form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
Transcript disks must be designated as the original, reporter's copy, or court's copy and labeled with the specified case and transcript information.
Court's wording
Multiple disks containing the electronically formatted transcript shall be prepared and designated as "Original Transcript" "Court Reporter's Copy" and "Court's Copy". Each disk shall be labeled to identify the case number, the names of the parties, the date completed, the court reporter's name, and the disk number if more than one disk is required for a complete transcript.
The proposed Order scheduling hearings must be in a form consistent with that set forth in the Appendix to these Rules.
Such Notice shall be in such form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
A Verified Financial Disclosure Statement must be in a form consistent with the Appendix to the Local Family Rules of Practice.
Court's wording
In all contested dissolution, separation, and paternity actions each party shall prepare and exchange within forty-five (45) days of the filing of the action, a Verified Financial Disclosure Statement in such form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
The worksheets submitted in child-support hearings must be in a form consistent with the Indiana Child Support Rules and Guidelines.
Court's wording
In all hearings involving child support, each party shall submit to the court a Child Support Guideline Worksheet and Parenting Time Credit Worksheet in such form consistent with that set forth in the Indiana Child Support Rules and Guidelines.
Attorneys may use the court’s signature stamp for the convenience of the Clerk and counsel.
Document Filing Requirements80 rules
The actual withdrawal date shall be set forth in the written notice.
A. Initial Appearance. An attorney entering an appearance for any party shall file a written appearance in compliance with Trial Rule 3.1 of the Indiana Rules of Trial Procedure.
To withdraw in an estate, guardianship, or criminal case, an attorney must file a written notice requesting leave to withdraw accompanied by a hearing notice directing the specified recipient to appear.
Court's wording
C. Withdrawal in Estate, Guardianship, or Criminal Cases. An attorney who desires to withdraw his appearance in an estate, guardianship, or criminal case shall file a written notice requesting leave to withdraw accompanied by a notice of hearing which shall be served upon the personal representative, guardian, or criminal defendant directing the person to appear at the hearing.
B. Withdrawal of Appearance. Except for appearances in estates, guardianships, or criminal matters, an attorney desiring to withdraw an appearance in any other proceeding shall file a written motion requesting leave to withdraw accompanied by a notice of hearing or proof satisfactory to the Court that a notice has been given to the client and all other parties of record at least ten (10) days in advance of the withdrawal date.
Proof of the notice shall be submitted to the Court at the time of the hearing.
the attorney who has agreed to prepare an entry as requested by the Court shall place on the last page of the entry appropriate signature lines indicating " prepared by" and " reviewed by"
- Document
- Entry
- Placement
- Signature block
advising the Court by letter of the efforts made to gain preparation of the entry by opposing counsel.
the preparing attorney shall submit the entry to the Court advising by letter of opposing counsel's failure or refusal
If a case has a special judge, such fact shall be indicated by the words SPECIAL JUDGE (NAME) placed directly beneath the case number.
Every pleading, motion, brief, and paper shall clearly identify the name, office address, telephone number, and Indiana Supreme Court Attorney Number of the individual attorney or attorneys filing same.
An attorney-filed pleading, motion, brief, or paper must be signed by an attorney admitted to practice in Indiana or it will not be accepted and may be stricken if inadvertently accepted.
Court's wording
Any pleading, motion, brief or paper filed by an attorney but not signed by an attorney admitted to practice in this state shall not be accepted for filing, or, if inadvertently accepted for filing, may upon discovery be stricken from the record by the Court upon its own motion and by an appropriate minute placed on the Chronological Case Summary.
All proposed orders and entries shall reflect the name of the preparer under the indication "tendered by"
shall contain a distribution list identifying by name and address each person entitled to service.
Any Order or Judgment wherein a Magistrate has presided over the case in a criminal matter or Small Claims matter shall contain a signature line for the Magistrate only.
- Document
- Order or judgment
- Placement
- Signature block
Every pleading shall have a header in the following style: IN THE CIRCUIT COURT NO. FOR CLARK COUNTY STATE OF INDIANA
- Document
- Pleading
- Placement
- First-page header
shall be submitted in sufficient number for each person entitled to service
Final and appealable orders or judgments granted by a Magistrate in civil matters must include the Magistrate’s recommendation and the presiding Judge’s approval in the specified form.
Court's wording
Any final and appealable Order or Judgment granted by a Magistrate in a civil matter, including but not limited to Judgments, Default Judgments, Summary Judgments, Dissolution Decrees, Adoption Orders and Foreclosure Judgments of any kind, shall include a Recommendation by the Magistrate and Approval by the presiding Judge as follows: Recommended by Magistrate Approved by: Judge (Name of Judge) (Name of Court)
The assignment of a case for a bench trial may be accomplished by a motion duly filed and accompanied by a proposed order. The motion shall reflect an estimate of the time required.
- Document
- Motion
Must include
- •Proposed order
The attorney utilizing this procedure shall also file, at the time of filing a written motion and orders required by subsection A above, a written Notice of Ruling, stating that the Court will rule on the Motion and enter its Order upon such Motion beginning at 1:30 o'clock p.m. on the Friday (unless a different day and time is required by any individual court).
All written motions shall be filed with (a) a proposed order of the Movant and (b) a proposed order setting the motion for hearing. Any motion not accompanied by these required draft orders may be returned, without action taken, to the filing party until these draft orders are tendered.
- Document
- Motion
Must include
- •Proposed order
A motion for continuance of a hearing or trial shall beaccompanied by an order which shall contain adequate space for the insertion of a new time and date for re- scheduling purposes.
Answers or objections to requests for admissions filed and served pursuant to Trial Rule 36 shall set forth in full the request for admissions being answered or objected to immediately preceding the answer or objection.
Each motion requesting a waiver of the above limitation of interrogatories shall contain, as an exhibit, the interrogatories which the party proposes to serve.
A body attachment must include a Notice to Sheriff containing the specified service and custody instructions.
Court's wording
The body attachment must include a Notice to Sheriff which states that "the Judgment Defendant must be served during regular business hours. Do not place in jail. Bring the Judgment Defendant to Court upon service."
A motion requesting provisional relief under I.C. 31-15-4-1 must be accompanied by an affidavit setting forth the factual basis and the relief requested.
A motion requesting provisional relief must be accompanied by a proposed order for the setting of a hearing.
- Document
- Provisional relief motion
Must include
- •Proposed order
If the relief requested is in the nature of child support or other monetary assistance, the motion must contain information regarding each party’s employment status and weekly gross income.
When child support is requested, the motion must be accompanied by a Child Support Guideline Worksheet and a Parenting Time Credit Worksheet.
A request for hearing dates must include a proposed order scheduling the hearing in the Appendix’s form.
- Document
- Hearing date request
Must include
- •Proposed order
Court's wording
A request for hearing dates must be filed within ten (10) days of the service of Summons and Notice of Ruling and must be accompanied by a proposed Order scheduling hearing in a form consistent with that set forth in the Appendix to these Rules.
The filing of such a request shall be accompanied by a proposed Order for the setting of a preliminary hearing on those issues.
- Document
- Preliminary determination request
Must include
- •Proposed order
Additionally, pursuant to Trial Rule 26E(2) and (3) the Statement shall be supplemented if additional material becomes available.
Each party in a contested dissolution, separation, or paternity action must prepare and exchange a Verified Financial Disclosure Statement within 45 days after filing.
Court's wording
In all contested dissolution, separation, and paternity actions each party shall prepare and exchange within forty-five (45) days of the filing of the action, a Verified Financial Disclosure Statement in such form consistent with that set forth in the Appendix to these Local Family Rules of Practice.
Each party in a child-support hearing must submit a Child Support Guideline Worksheet and Parenting Time Credit Worksheet to the court.
Court's wording
In all hearings involving child support, each party shall submit to the court a Child Support Guideline Worksheet and Parenting Time Credit Worksheet in such form consistent with that set forth in the Indiana Child Support Rules and Guidelines.
If an agreement of the parties or a court order regarding child support deviates from the Guidelines, an adequate explanation for such a deviation must be set forth in the agreement or the order.
A settlement agreement establishing child support must include both worksheets as exhibits with the parties’ executed affirmation.
Court's wording
In all settlement agreements in which child support is established, a Child Support Guideline Worksheet and a Parenting Time Credit Worksheet shall be attached as an exhibit with the affirmation executed by the parties.
If the parties adopt a parenting plan which is different from the guidelines, the plan must be set forth in the settlement agreement or dissolution decree.
When the parties acknowledge receipt in writing and adopt the Guidelines or explain deviations in the settlement or final decree, the Guidelines need not be attached, but a signed receipt acknowledgment must be attached to the agreement or decree and referenced in the agreement.
Court's wording
If the parties acknowledge in writing that they have received a copy of the Indiana Parenting Time Guidelines and adopt the Guidelines as written or otherwise explain any deviation from the Guidelines in a settlement or final decree, it will not be necessary that a copy of the Guidelines be attached to the agreement or decree. A document reflecting the parties’ signatures acknowledging receipt of a copy of the Guidelines shall be attached to the agreement or decree with a reference in the agreement.
The notice sent with a qualifying filing must address the use of the Guidelines and the other party’s opportunity to obtain a copy from the Clerk.
Court's wording
At the time of the filing of any original action or modification request which includes the issues of child custody and/or parenting time, the party bringing the action shall acquire a copy of the Indiana Parenting Time Guidelines from the Clerk of the Court and send notice to the other party regarding the use of the Guidelines and the opportunity to obtain a copy of the Guidelines at the Clerk’s office.
Such Notice shall be in a form consistent with that set forth in the Appendix to these Local Family Rules of Procedure.
A party seeking a joint preliminary injunction must file a verified petition alleging that injury would result without an order and requesting the specified injunction.
Court's wording
A. Joint Preliminary Injunction. In accordance with the provisions of Trial Rule 65(E)(1), the court will issue a joint preliminary injunction applicable to both parties upon the filing of a verified petition by either party alleging that injury would result to the moving party if no order were to issue and requesting that both parties be enjoined from: (a) Transferring, encumbering, concealing or otherwise disposing of any joint property of the parties or assets of the marriage without the written of the parties or permission of the court; and/or, (b) Removing any child of the parties then residing in the State of Indiana from the State with the intent to deprive the court of jurisdiction over such child without the prior written consent of the parties or permission of the court.
D. Temporary Restraining Order. In accordance with the provisions of Trial Rule 65(E)(2), the Court will issue a temporary restraining order against the non-moving party upon the filing of a verified petition by either party alleging that injury would result to the moving party if no order were to issue and seeking to enjoin the non-moving party from: (a) Abusing, harassing, disturbing the peace, or committing a battery on the moving party or any child or step-child of the parties; or, (b) Excluding the non-moving party from the family dwelling or any other place.
E. Specific Allegations Required. The moving party must set forth specific facts in the affidavit supporting the request for relief and the court shall determine from such facts whether such restraining order shall issue ex parte.
H. No Depository Record Maintained. A joint preliminary injunction and/or a temporary restraining order issued under Trial Rule 65(E) does not qualify for filing in a depository maintained by a law enforcement agency and a violation of the injunction does not constitute a basis of arrest for the offense of Invasion of Privacy. Such status shall be reflected on the order issued.
A property TRO motion must be accompanied by an affidavit alleging injury without the order and seeking one or both specified forms of property relief.
Court's wording
A. Temporary Restraining Order-Property. The court will issue a temporary restraining order against the non-moving party upon the filing of motion accompanied by an affidavit by either party alleging that injury would result to the moving party if no order were to issue and seeking to restrain the non-moving party from: (a) transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life; and/or, (b) granting temporary possession of property to either party.
A personal TRO motion must be accompanied by an affidavit alleging injury without the order and seeking one or both specified forms of personal relief.
Court's wording
D. Temporary Restraining Order-Personal. The court will issue a temporary restraining order against the non-moving party upon the filing of a motion accompanied by an affidavit by either party alleging that injury would result to the moving party if no order were to issue and seeking the following relief: (a) enjoining any party from abusing, harassing, or disturbing the peace of the other party; and/or, (b) excluding either party from the family dwelling, from the dwelling of the other, or from any other place.
The property TRO order must state that it does not qualify for filing in a law-enforcement depository and that a violation is not a basis for arrest for invasion of privacy.
Court's wording
G. Temporary Restraining Order-Property. An order protecting property based upon I.C. 31-15-4-3(1) and (4) does not qualify for filing in a depository maintained by a law enforcement agency and a violation of the order does not constitute a basis of arrest for the offense of invasion of privacy. Such status shall be reflected on the order issued.
H. Temporary Restraining Order-Personal. An order protecting a person and/or excluding the other party from a dwelling based upon I.C. 31-15-4-3(2) and (3) does qualify for filing in a depository and a violation of such order may constitute a basis of arrest for the offense of invasion of property. Such status shall be reflected on the order issued.
If the dissolution petition and prior protective order are in different courts, the petitioner must file a motion to dismiss with an appropriate dismissal order in the court that issued the protective order.
Court's wording
When a Petition For Dissolution of Marriage has been filed in one court and the Petitioner has previously acquired a Protective Order issued under I.C. 34-26-5 in a different court, the Petitioner shall file a Motion to Dismiss Protective Order in the Court where the original Protective Order was issued accompanied by an appropriate Order of Dismissal.
When the specified dissolution petition and temporary restraining order have been issued, the petitioner must file a motion to dismiss the prior protective order with an appropriate dismissal order in the court that issued it.
Court's wording
A Protective Order previously issued under I.C. 34-26-5 expires when a Petition for Dissolution of Marriage has been filed and a Temporary Restraining Order has been issued based upon the provisions of I.C. 31-15-4-3(2) or (3). In such event, the Petitioner shall file a Motion to Dismiss Protective Order in the Court where the original Protective Order was issued accompanied by an appropriate Order of Dismissal.
An emergency-order request must include a Certificate of Notice stating one of the specified notice, contact-attempt, or no-notice bases, unless one of the stated exceptions applies.
Court's wording
A Certificate of Notice must accompany such request for an emergency order in which the movant or movant’s attorney certifies to the court as follows: (a) opposing counsel has been notified by telephone prior to the filing of the motion and when notification occurred; or (b) attempts were made to contact opposing counsel and the nature of those attempts; or (c) notice to opposing counsel should not be required and the reasons therefore. A Certificate of Notice will not be required if there is no counsel of record, if counsel of record has withdrawn or if there has been no action pending in the case for at least sixty (60) days and there has been no contact with opposing counsel regarding any matters related to the case.
In all motions for ex parte emergency orders in family law matters other than those provided for under Local Family Rules 7 and 8, the motion must be accompanied by an affidavit setting forth specific facts supporting the relief requested and specifically alleging the irreparable injury, loss or damage that would result if the relief requested was not granted.
The party granted the emergency shall tender a proposed order for the setting of a hearing date. This order shall include the following language:
however, a copy of said notice shall be submitted to the court at the time of the final hearing.
In cases where there is a deviation from the child support guidelines, an adequate explanation for the deviation must be set forth.
In all summary dispositions in which child support is established, a copy of the child support guideline worksheet shall be attached as an exhibit with the affirmation thereon executed by the parties.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in Clark County.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
Non-attorneys are encouraged to e-file in Clark County.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
Opposing counsel must submit the entry to the Court within five days of receiving it.
shall submit the entry to the Court within five (5) days of receiving the entry.
Page 5 | Rule 3: Duty of Attorneys to Prepare Entries
Notice/Motion/Order pleadings must be filed no later than seven days before the scheduled ruling.
The Notice/Motion/Order pleadings shall be filed and served on the opposing party not later than seven (7) days prior to the date of the scheduled ruling.
Page 16 | RULE 7 — MOTIONS
When using the Notice/Motion/Order procedure, the Notice of Ruling must be filed at the same time as the written motion and required orders.
The attorney utilizing this procedure shall also file, at the time of filing a written motion and orders required by subsection A above, a written Notice of Ruling, stating that the Court will rule on the Motion and enter its Order upon such Motion beginning at 1:30 o'clock p.m. on the Friday (unless a different day and time is required by any individual court).
Page 16 | RULE 7 — MOTIONS
A judgment creditor may file a contempt citation when a judgment debtor fails to appear as ordered, but must file it within 30 days of that failure.
Whenever a judgment debtor fails to appear as ordered for a scheduled hearing, the judgment creditor may file a contempt citation against the debtor. The citation must be filed within thirty (30) days of the failure to appear.
Page 19 | RULE 10(A) Contempt Citation
A written response to the motion must be filed before the ruling date to be considered under the Notice of Ruling procedure.
Notice that the Court will consider a written response to the motion filed before the ruling date.
Page 35 | Rule 2.C. Procedure in Lieu of Hearing
The ruling date in a Notice of Ruling must be at least ten working days after the motion is filed and is selected by movant’s counsel.
The date for ruling which shall not be less than ten (10) working days from the filing of the motion, the movant’s counsel to select the date;
Page 35 | Rule 2.C. Procedure in Lieu of Hearing
A written request for a preliminary determination on temporary custody, child support, or parenting time must be filed within five days after service of the change-of-venue motion.
A written request for such a determination must be filed within five (5) days of service of the motion for change of venue.
Page 36 | Rule 2.E. Effect of Change of Venue
An opposing party requesting hearing dates must file the request within ten days after service and include a proposed order in the Appendix’s form.
A request for hearing dates must be filed within ten (10) days of the service of Summons and Notice of Ruling and must be accompanied by a proposed Order scheduling hearing in a form consistent with that set forth in the Appendix to these Rules.
Page 36 | Rule 2.D. Request for Hearing
The Clerk must enter a joint preliminary injunction request in the record immediately upon filing without awaiting the judge's attention or signature.
C. Immediate Entry of Injunction. A request for a joint preliminary injunction will be entered in the record by the Clerk of the Court immediately upon filing and without bringing the matter to the attention of the judge or waiting for the judge to sign the original.
Page 41 | Rule 7, C. Immediate Entry of Injunction
G. Entry Only After Court Approval. The Clerk of the Court shall enter the restraining order in the record only after the judge signs the original order.
G. Entry Only After Court Approval. The Clerk of the Court shall enter the restraining order in the record only after the judge signs the original order.
Page 42 | Rule 7, G. Entry Only After Court Approval
The Clerk must enter a property TRO request in the record immediately upon filing without awaiting the judge's attention or signature.
C. Immediate Entry of Order. A request for a temporary restraining order regarding property will be entered in the record by the Clerk of the Court immediately upon filing and without bringing the matter to the attention of the judge or waiting for the judge to sign the original.
Page 43 | Rule 8, Immediate Entry of Order
The mediator’s report is due 60 days after the dissolution or paternity action is filed.
Upon the passage of sixty (60) days from the filing of the dissolution or paternity action, the mediator shall submit a Mediator’s Report on the form provided along with the mediation agreement or with an indication that the mediation was not successful.
Page 53 | D. Mediator’s Report
If the agreeing attorney does not prepare the entry within 15 working days of the Court’s request, opposing counsel may prepare and submit it, with a letter describing efforts to obtain its preparation by the agreeing attorney.
If an attorney agrees to prepare an entry and then fails to do so within fifteen (15) working days of the Court's request, opposing counsel may prepare the entry and submit the entry to the Court advising the Court by letter of the efforts made to gain preparation of the entry by opposing counsel.
Page 5 | Rule 3: Duty of Attorneys to Prepare Entries
Unless another period is provided by Indiana rules or statutes, an opposing party is recommended to file a response or objection within ten days after the motion is filed.
Except when time periods are otherwise provided in Indiana Trial Rules, Criminal Rules or Statutes, it is recommended that any party opposing any written motion filed should file their Response or Objection within ten (10) days after filing of any Motion.
Page 16 | RULE 7 — MOTIONS
If the Summons and Notice of Ruling are served after the selected ruling date, the ruling date automatically extends to ten working days after service, and response and reply time limits apply.
If service of the Summons and Notice of Ruling occurs on a date beyond the selected ruling date, the ruling date shall be automatically extended for ten (10) working days from the date of service and the time limitations for the filing of a response and a reply to the response shall be followed.
Page 35 | Rule 2.C. Procedure in Lieu of Hearing
Service and Proof of Service Rules
The hearing notice must be served on the personal representative, guardian, or criminal defendant and direct that person to appear at the hearing.
C. Withdrawal in Estate, Guardianship, or Criminal Cases. An attorney who desires to withdraw his appearance in an estate, guardianship, or criminal case shall file a written notice requesting leave to withdraw accompanied by a notice of hearing which shall be served upon the personal representative, guardian, or criminal defendant directing the person to appear at the hearing.
Page 4 | Rule 2(C) — Withdrawal in Estate, Guardianship, or Criminal Cases
In covered withdrawal proceedings, notice must be given to the client and all other parties of record at least ten days before the withdrawal date.
B. Withdrawal of Appearance. Except for appearances in estates, guardianships, or criminal matters, an attorney desiring to withdraw an appearance in any other proceeding shall file a written motion requesting leave to withdraw accompanied by a notice of hearing or proof satisfactory to the Court that a notice has been given to the client and all other parties of record at least ten (10) days in advance of the withdrawal date.
Page 4 | Rule 2(B) — Withdrawal of Appearance
The attorney preparing an entry must submit it to opposing counsel for examination.
shall submit the entry to opposing counsel for examination.
Page 5 | Rule 3: Duty of Attorneys to Prepare Entries
Unless the qualified special judge directs otherwise, a copy of each subsequently filed document must be served on the Special Judge at the judge’s private office or regular court, and proof of service may reflect that service.
Unless otherwise directed by a special judge after qualification, a copy of each document filed thereafter in the proceeding shall be served on the Special Judge at his private office or at the Court where the Special Judge regularly presides and the proof of service may reflect such service.
Page 6 | Rule 4: Form and Style of Pleadings / Filing of Pleadings
Notice/Motion/Order pleadings must be served on the opposing party no later than seven days before the scheduled ruling.
The Notice/Motion/Order pleadings shall be filed and served on the opposing party not later than seven (7) days prior to the date of the scheduled ruling.
Page 16 | RULE 7 — MOTIONS
To seek a body attachment, the creditor must have the contempt citation personally read and served on the debtor and present proof of service with the request; leaving a copy at the debtor’s residence or business is insufficient.
If a judgment creditor is desirous of using a body attachment whenever a judgment debtor fails to appear as directed in a contempt citation, the contempt citation must be personally read and served on the debtor with proof of service presented to the Court along with the request for issuance of the body attachment. Leaving a copy at the debtor's residence or place of business is insufficient.
Page 19 | RULE 10(B) Personal Service Required
When filing the action, the moving party must serve the opposing party with notice of the financial disclosure statement exchange requirement.
At the time of the filing of the action, the moving party shall serve a Notice upon the opposing party of the requirement to exchange a Verified Financial Disclosure Statement.
Page 37 | RULE 3, A. Requirement
The statement must be exchanged within 45 days after filing, except when the parties timely waive exchange in writing, the proceeding is uncontested, or service is by publication and no response is filed.
In all contested dissolution, separation, and paternity actions each party shall prepare and exchange within forty-five (45) days of the filing of the action, a Verified Financial Disclosure Statement in such form consistent with that set forth in the Appendix to these Local Family Rules of Practice. The Verified Financial Disclosure Statement need not be exchanged if the the parties agree in writing within thirty (30) days of the initial filing to waive exchange, or the proceeding is uncontested, or the proceeding is one in which service is by publication and there is no response.
Page 37 | RULE 3, A. Requirement; B. Exceptions
When filing an original action or modification request involving custody or parenting time, the filing party must obtain the Guidelines from the Clerk and notify the other party about their use and availability.
At the time of the filing of any original action or modification request which includes the issues of child custody and/or parenting time, the party bringing the action shall acquire a copy of the Indiana Parenting Time Guidelines from the Clerk of the Court and send notice to the other party regarding the use of the Guidelines and the opportunity to obtain a copy of the Guidelines at the Clerk’s office.
Page 39 | Rule 5.B. Availability/Receipt of Guidelines
When filing a dissolution, separation, or paternity proceeding in which custody is at issue, the moving party must serve the opposing party notice of the seminar-attendance requirement.
At the time of the filing of a dissolution, separation or paternity proceeding where custody is in issue, the moving party shall serve a Notice upon the opposing party of the requirement of attendance in the Transparenting Seminar or such other program or seminar which the Court may approve.
Page 40 | Rule 6.C. Notice Requirement
Written notice of a date-certain final hearing must be sent to an unrepresented party at the party’s last known address; proof of service is not required.
In an uncontested action, written notice of an intention to proceed to final hearing on a date and time certain shall be given to a party not represented by counsel. The written notice shall be sent to the last known address of the party not represented and proof of service shall not be required
Page 49 | Rule 12(C). Notice in Uncontested Action
Service of these post-dissolution actions on the attorney who represented the party in the underlying dissolution action is insufficient.
Service of process of such actions upon the attorney who represented the party in the underlying dissolution action shall be deemed insufficient.
Page 52 | RULE 15 — SERVICE ON REDOCKETED MATTERS
Post-dissolution actions such as modification petitions and applications for rule to show cause must be served on a party pursuant to Indiana Trial Rule 4.
Service of process of post-dissolution actions such as petitions for modifications and applications for rule to show cause must be on a party pursuant to Trial Rule 4 of the Indiana Rules of Trial Procedure.
Page 52 | RULE 15 — SERVICE ON REDOCKETED MATTERS
The verified financial disclosure statement must be submitted to the opposing party within 45 days after the case is filed.
YOU ARE HEREBY NOTIFIED THAT YOU MUST SUBMIT YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY WITHIN 45 DAYS OF THE FILING DATE OF THIS CASE.
Page 55 | Appendix B
Submit the verified financial disclosure statement to the opposing party within 45 days of the case filing date.
YOU ARE HEREBY NOTIFIED THAT YOU MUST SUBMIT YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY WITHIN 45 DAYS OF THE FILING DATE OF THIS CASE.
Page 61 | NOTICE
A copy of the Verified Financial Disclosure Statement is delivered to the opposing party or counsel, either in person or by prepaid U.S. mail, and the delivery is certified.
I hereby certify that a true and accurate copy of the foregoing Verified Financial Disclosure Statement was delivered to the opposing party or his/her attorney of record, as set forth below, either in person or by U.S. mail postage prepaid this day of , 20 :
Page 70 | CERTIFICATE OF SERVICE
Filing Fees and Waivers
Veterans Treatment Court participants owe a $100 administrative fee per admission, which the clerk must collect and transmit within 30 days after collection.
Those persons directed to participate in Veterans Treatment Court shall pay a $100 administrative fee per admission to the problem-solving court for initial problem-solving court services regardless of the length of participation in the problem-solving court in accordance with IC 33-23-16-23. The clerk of court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under IC 33-37-8.
Page 29 | Rule 17: Problem Solving Court Fees
Veterans Treatment Court participants owe $50 per month beginning in their second month, and the clerk must collect and transmit each fee within 30 days after collection.
Those persons directed to participate in Veterans Treatment Court shall also pay $50 per month beginning with the second month of participation and for each month thereafter for the duration of participation in the problem-solving court in accordance with IC 33-23-16-23. The clerk of court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under IC 33-37-8.
Page 29 | Rule 17: Problem Solving Court Fees
The statutory fee schedule applies in Clark County problem-solving courts.
The schedule of fees set forth under Indiana Code 33-23-16-23 shall be applicable in the problem solving courts of Clark County.
Page 29 | Rule 17: Problem Solving Court Fees
Level III Education costs $100.
III. Level III Education $ 100.00
Page 30 | Clark Circuit Courts Alcohol and Drug Program
An assessment with recommendation costs $50.
I. Assessment with Recommendation $ 50.00
Page 30 | Clark Circuit Courts Alcohol and Drug Program
The statutory fee schedule applies to all court alcohol and drug program services.
The schedule of fees set forth under Indiana Code 33-37-4-1 and Indiana Code 35-37-5-8 shall be applicable in all court alcohol and drug program services.
Page 30 | Rule 18: Schedule of Fees for Court Alcohol and Drug Program Services
Level II Education costs $100.
II. Level II Education $ 100.00
Page 30 | Clark Circuit Courts Alcohol and Drug Program
The maximum fee for an expedited transcript required within 24 hours or less is $12.50 per page.
If the Court Reporter is requested to prepare an expedited transcript, the maximum per page fee shall be twelve dollars and fifty cents ($12.50) per page when the transcript the transcript must be prepared within 24 hours or less
Page 22 | Rule 14(C). Per Page Fees
The maximum fee for an expedited transcript required within three working days is $10 per page.
ten dollars ($10.00) per page when the transcript must be prepared within three working days.
Page 22 | Rule 14(C). Per Page Fees
A minimum fee of $75 will be charged for transcripts shorter than 10 pages.
A minimum fee of seventy-five dollars ($75.00) will be charged for transcripts less than ten (10) pages in length.
Page 22 | Rule 14(D). Minimum Fee
The maximum fee for a state indigent transcript is $5.50 per page.
The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be five dollars and fifty cents ($5.50) per page.
Page 22 | Rule 14(C). Per Page Fees
The maximum fee for a private transcript is $5.50 per page.
The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be five dollars and fifty cents ($5.50) per page.
Page 22 | Rule 14(C). Per Page Fees
Index and Table of Contents pages for expedited transcripts will be charged at the same rate as the other pages.
Index and Table of Contents will be charged at the same rate as the other pages.
Page 22 | Rule 14(C). Per Page Fees
The maximum fee for a county indigent transcript is $5.50 per page, and the reporter must submit the claim directly to the county.
The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be five dollars and fifty cents ($5.50) per page. The court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
Page 22 | Rule 14(C). Per Page Fees
The court may waive any fee by order for financial hardship, termination, later program disqualification, or other reasonable circumstances it determines.
Any fee may be waived by Order of the Court to avoid a financial hardship, upon termination, subsequent disqualification from the program or for any other reasonable circumstances determined by the court.
Page 29 | Rule 17: Problem Solving Court Fees
The Clerk may charge a nominal fee for each distributed copy of the Indiana Parenting Time Guidelines.
The Clerk of the Court may charge a nominal fee for each copy of the Guidelines distributed.
Page 39 | Rule 5.B. Availability/Receipt of Guidelines
Index and Table of Contents pages may be charged at the same per-page rate as the rest of the transcript.
The Index and Table of Contents pages may be charged at the per page rate being charged for the rest of the transcript.
Page 22 | Rule 14(C). Per Page Fees
Sealing & Redaction Procedures
A Verified Financial Disclosure Statement filed with the court must be sealed and designated confidential.
When a Verified Financial Disclosure Statement is filed with the court, it shall be sealed and designated “Confidential”.
Page 37 | RULE 3, D. Statement Considered Confidential
Pre-Motion Conference Requirements
Parties must comply with Rule 26(F) requirements when attempting to resolve discovery disputes before seeking court intervention.
The parties shall conform to all requirements of Rule 26 (F) in attempting to resolve discovery disputes before seeking court intervention upon any such dispute.
Page 18 | Rule 9 — Discovery
If a response is filed by the ruling date, the Court must extend the ruling date by five working days to allow a reply.
If a response to the motion for provisional relief is filed on or before the ruling date, the Court shall extend the ruling date by five (5) working days to allow the movant to file a reply to the response.
Page 35 | Rule 2.C. Procedure in Lieu of Hearing
Filing a request for hearing cancels the Notice of Ruling procedure.
A request for hearing shall cancel the Notice of Ruling procedure described in Section C.
Page 36 | Rule 2.D. Request for Hearing
Adjournment & Extension Requirements
A continuance motion must state the scheduled date, reason, requested delay, and opposing parties’ position after inquiry; without that position, the Court will take no action.
A Motion for Continuance shall set forth the scheduled date, the reason for the continuance, and the specific length of time the moving party desires the case to be delayed. Every Motion for Continuance must contain a statement of agreement or objection from opposing parties, obtained by the moving party after having made inquiry of opposing parties. Failure to state the position of opposing parties will prevent any court action on a Motion for Continuance.
Page 17 | Rule 8 — Continuances
For good cause, the time limit for exchanging the financial disclosure statement may be extended or shortened.
For good cause, the time limit may be extended or shortened.
Page 37 | RULE 3, A. Requirement
Failure to attend and complete the seminar may be cause for continuing the matter until attendance is completed.
A failure to attend and complete the seminar may constitute cause for denial of the granting of the dissolution or the relief requested and a continuance of the matter until attendance has been accomplished.
Page 40 | Rule 6.B. Failure to Attend Seminar
Chambers Communication Rules
If the parties disagree on a filed continuance motion, either party may schedule a telephone conference with the Court to discuss the motion or objection.
If parties do not agree on a Motion for Continuance filed, either party may schedule a telephone conference with the Court for the purpose of discussing the motion or theobjection.
Page 17 | Rule 8 — Continuances
Contact the local court directly about jury duty, an upcoming court date, or a case document unavailable online.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Clark County