Clark County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Entry

The attorney preparing an entry must put signature lines labeled “prepared by” and “reviewed by” on its last page.

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"

CRITICAL

Applies to

Motion to dismiss protective order

Must include

proposed order

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.

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.

CRITICAL

Applies to

Child support guideline worksheet and parenting time credit worksheet

Each party in a child-support hearing must submit a Child Support Guideline Worksheet and Parenting Time Credit Worksheet to the court.

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.

CRITICAL

Applies to

Notice of intention to proceed to final hearing

A copy of the hearing notice must be submitted to the court at the final hearing.

however, a copy of said notice shall be submitted to the court at the time of the final hearing.

CRITICAL

Applies to

Provisional relief motion

A motion for provisional relief must include an affidavit stating the factual basis and requested relief.

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.

CRITICAL

Applies to

Summary disposition

A summary disposition deviating from the child support guidelines must set forth an adequate explanation for the deviation.

In cases where there is a deviation from the child support guidelines, an adequate explanation for the deviation must be set forth.

CRITICAL

Applies to

Provisional relief motion

Must include

proposed order

A motion for provisional relief must include a proposed order setting a hearing.

A motion requesting provisional relief must be accompanied by a proposed order for the setting of a hearing.

CRITICAL

Applies to

Contested hearing exhibits

For contested hearings, each party must submit the listed exhibits to the Court when applicable.

In all contested hearings, each party shall submit the following exhibits to the Court, if applicable: [a] a Child Support Guideline Worksheet. [b] a Parenting Time Credit Worksheet [c] a calculation of the child support arrearage. [d] a listing of the marital assets with an indication of fair market values. [e] a listing of the marital debts with an indication of the balance due and the minimum monthly payment requirement. [f] the parties’ proposed distribution of marital assets and debts.

CRITICAL

Applies to

Mediator report

The mediator must submit the Mediator’s Report on the provided form, with the mediation agreement or an indication that mediation was unsuccessful, 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.

CRITICAL

Applies to

Withdrawal notice

The written withdrawal notice must state the actual withdrawal date.

The actual withdrawal date shall be set forth in the written notice.

CRITICAL

Applies to

Court document

When a case has a special judge, filings must place “SPECIAL JUDGE (NAME)” directly beneath the case number.

If a case has a special judge, such fact shall be indicated by the words SPECIAL JUDGE (NAME) placed directly beneath the case number.

CRITICAL

Applies to

Agreed modification entry

A petition for modification stating the reasons for the modification must be filed before the court may approve an agreed modification entry.

An agreed modification entry shall not be approved by the court without a petition for modification having been first filed setting forth the reasons for such modification.

CRITICAL

Applies to

Child support agreement or order

An agreement or court order that deviates from the child-support Guidelines must include an adequate explanation for the deviation.

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.

CRITICAL

Applies to

Settlement agreement or dissolution decree

A parenting plan that differs from the Guidelines must be set forth in the settlement agreement or dissolution decree.

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.

CRITICAL

Applies to

Hearing date request

Must include

proposed order

A request for hearing dates must include a proposed order scheduling the hearing 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.

CRITICAL

Applies to

Written appearance

An attorney entering an appearance for any party must file a written appearance complying with Indiana Trial Rule 3.1.

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.

CRITICAL

Applies to

Verified petition

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.

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.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance motion must be accompanied by an order with space to insert a new time and date.

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.

CRITICAL

Applies to

Pleading motion brief paper

Each pleading, motion, brief, or paper must identify the filing attorney’s name, office address, telephone number, and Indiana Supreme Court Attorney 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.

CRITICAL

Applies to

Affidavit

The moving party must include specific supporting facts in an affidavit, which the court uses to determine whether to issue the restraining order ex parte.

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.

CRITICAL

Applies to

Temporary restraining order property

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.

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.

CRITICAL

Applies to

Letter

advising the Court by letter of the efforts made to gain preparation of the entry by opposing counsel.

advising the Court by letter of the efforts made to gain preparation of the entry by opposing counsel.

CRITICAL

Applies to

Letter

If opposing counsel refuses or fails to sign without advising the Court of objections, the preparing attorney must submit the entry with a letter advising the Court of that failure or refusal.

the preparing attorney shall submit the entry to the Court advising by letter of opposing counsel's failure or refusal

CRITICAL

Applies to

Body attachment

A body attachment must include a Notice to Sheriff containing the specified service and custody instructions.

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."

CRITICAL

Applies to

Notice of ruling

An attorney using the Notice/Motion/Order procedure must file a Notice of Ruling with the motion and required orders, stating that the court will rule beginning at 1:30 p.m. Friday unless that court requires another day or time.

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).

CRITICAL

Applies to

Pleading motion brief paper

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.

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.

CRITICAL

Applies to

Agreement or 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.

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.

CRITICAL

Applies to

Provisional relief motion

A motion seeking child support or other monetary assistance must state each party’s employment status and weekly gross income.

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.

CRITICAL

Applies to

Settlement agreement

A settlement agreement establishing child support must include both worksheets as exhibits with the parties’ executed affirmation.

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.

CRITICAL

Applies to

Verified financial disclosure statement

Must include

certificate of service

CERTIFICATE OF SERVICE 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 : Signature of Counsel or Pro Se

CERTIFICATE OF SERVICE 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 : Signature of Counsel or Pro Se

CRITICAL

Applies to

Notice to withdraw appearance

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.

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.

CRITICAL

Applies to

Verified financial disclosure statement

The Verified Financial Disclosure Statement includes a perjury affirmation and states that the filer must supplement or amend it before trial if the information is incorrect or no longer true.

I affirm, under penalties for perjury, that the foregoing representations are true to the best of my knowledge and belief. 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 information provided is no longer true.

CRITICAL

Applies to

Temporary restraining order property motion

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.

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.

CRITICAL

Applies to

Provisional relief motion

A motion requesting child support must include both specified worksheets.

When child support is requested, the motion must be accompanied by a Child Support Guideline Worksheet and a Parenting Time Credit Worksheet.

CRITICAL

Applies to

Temporary restraining order personal

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.

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.

CRITICAL

Applies to

Proposed order and entry

Every proposed order and entry must identify its preparer under the words “tendered by.”

All proposed orders and entries shall reflect the name of the preparer under the indication "tendered by"

CRITICAL

Applies to

Parenting time guidelines notice

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.

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.

CRITICAL

Applies to

Summary disposition

A summary disposition establishing child support must include the child support guideline worksheet as an exhibit, with an affirmation executed by the parties.

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.

CRITICAL

Applies to

Emergency order request

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.

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.

CRITICAL

Applies to

Proposed order and entry

Proposed orders and entries must include a distribution list naming and giving the address of each person entitled to service.

shall contain a distribution list identifying by name and address each person entitled to service.

CRITICAL

Applies to

Preliminary determination request

Must include

proposed order

A request for a preliminary determination after a change-of-venue motion must include a proposed order setting a preliminary hearing.

The filing of such a request shall be accompanied by a proposed Order for the setting of a preliminary hearing on those issues.

CRITICAL

Applies to

Motion to withdraw appearance

In proceedings other than estates, guardianships, or criminal matters, an attorney seeking to withdraw must file a motion for leave accompanied by a hearing notice or satisfactory proof that the client and all other parties of record received notice 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.

CRITICAL

Applies to

Verified financial disclosure statement

The Verified Financial Disclosure Statement must be supplemented if additional material becomes available.

Additionally, pursuant to Trial Rule 26E(2) and (3) the Statement shall be supplemented if additional material becomes available.

CRITICAL

Applies to

Ex parte emergency motion

Except for motions covered by Local Family Rules 7 and 8, a motion for an ex parte emergency order in a family law matter must include an affidavit stating supporting facts and specifically alleging the irreparable harm that would result without relief.

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.

CRITICAL

Applies to

Seminar attendance notice

The seminar-attendance notice must be in a form consistent with the Appendix to the Local Family Rules of Procedure.

Such Notice shall be in a form consistent with that set forth in the Appendix to these Local Family Rules of Procedure.

CRITICAL

Applies to

Financial disclosure statement

Attach copies of the two most recent paycheck stubs and the last federal income tax return, including all schedules, to the financial disclosure statement.

YOU MUST ATTACH COPIES OF: 1. Your two (2) most recent paycheck stubs. 2. Your last Federal Income Tax Return including all schedules.

CRITICAL

Applies to

Order or judgment

An order or judgment in a criminal or Small Claims matter presided over by a Magistrate must contain a signature line for the Magistrate only.

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.

CRITICAL

Applies to

Verified financial disclosure statement

Each party in a contested dissolution, separation, or paternity action must prepare and exchange a Verified Financial Disclosure Statement within 45 days after filing.

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.

CRITICAL

Applies to

Temporary restraining order personal motion

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.

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.

CRITICAL

Applies to

Motion to dismiss protective order

Must include

proposed order

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.

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.