Clark County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Final order or judgment

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.

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)

CRITICAL

Applies to

Pleading

Every pleading must use the specified Clark County Circuit Court header.

Every pleading shall have a header in the following style: IN THE CIRCUIT COURT NO. FOR CLARK COUNTY STATE OF INDIANA

CRITICAL

Applies to

Verified petition

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.

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.

CRITICAL

Applies to

Order

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.

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.

CRITICAL

Applies to

Answer or objection to request for admissions

Each filed and served answer or objection to a Trial Rule 36 request for admission must reproduce the full request immediately before the answer or objection.

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.

CRITICAL

Applies to

Settlement agreement

A settlement agreement disposing of the parties’ personal property must state that the property has been exchanged and that there are no disputes about the disposition.

All settlement agreements disposing of the personal property of the parties shall reflect that such personal property has been exchanged and that there are no disputes regarding such disposition.

CRITICAL

Applies to

Motion

Must include

proposed order

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.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Every written motion must include the movant’s proposed order and a proposed order setting the motion for hearing; a motion without those orders may be returned without action until they are submitted.

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.

CRITICAL

Applies to

Application for mediation services

Upon filing a pro se case, the Clerk must provide the Application for Mediation Services form and advise the parties to complete it and take it to the assigned judge.

Upon the filing a pro se case, the Clerk of the Court shall provide the parties with a form entitled Application for Mediation Services and advise the parties to complete the form and take it to the judge of the assigned court.

CRITICAL

Applies to

Summary disposition

A summary disposition referencing guideline parenting time must attach the Parenting Time Guidelines, unless both parties acknowledge receiving a copy of the current guidelines.

In all summary dispositions in which guideline parenting time is referenced, a copy of the Parenting Time Guidelines shall be attached as an exhibit. An acknowledgment that both parties have received a copy of the current guidelines will satisfy this requirement.

CRITICAL

Applies to

Agreed matter submission

An agreed matter submitted to the court must be in writing, signed by the parties and/or counsel, and accompanied by appropriate documents such as a Decree.

No agreed matter shall be submitted to the court unless it is in writing and signed by the parties and/or counsel and accompanied with other appropriate documents such as a Decree.

CRITICAL

Applies to

Proof of notice

Proof of the hearing notice must be submitted to the Court at the hearing.

Proof of the notice shall be submitted to the Court at the time of the hearing.

CRITICAL

Applies to

Proposed order and entry

Proposed orders and entries must be submitted in enough copies for each person entitled to service.

shall be submitted in sufficient number for each person entitled to service

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party granted emergency relief must tender a proposed order setting a hearing date, and that order must include language specified by the rule.

The party granted the emergency shall tender a proposed order for the setting of a hearing date. This order shall include the following language:

CRITICAL

Applies to

Motion for waiver of interrogatory limit

A motion to waive the interrogatory limitation must include the proposed interrogatories as an exhibit.

Each motion requesting a waiver of the above limitation of interrogatories shall contain, as an exhibit, the interrogatories which the party proposes to serve.

WARNING

Applies to

Written agreement

When the court permits a reporter in private practice to use court equipment, space, or supplies, the court and reporter must enter a written agreement specifying the rate, recordkeeping method, and reimbursement method.

If a court reporter engages in such private practice 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 purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: [I] the reasonable market rate for the use of equipment, work space and supplies; [2] the method by which records are to be kept for the use of equipment, work space and supplies; and [3] the method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.

WARNING

Applies to

Notice of ruling

A movant may use an accompanying Notice of Ruling to waive the hearing requirements, but the notice must contain the specified waiver, ruling date, and response information.

A movant may waive the hearing requirements of I.C. 31-15-4-4 & 5 through the use of a Notice of Ruling accompanying the motion for provisional relief. The Notice of Ruling shall contain the following: [1] A waiver of the hearing requirements; [2] 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; [3] Notice that the Court will consider a written response to the motion filed before the ruling date.

WARNING

Applies to

Agreed matter submission

If the parties reach an agreement just before a hearing or trial, the court may accept settlement evidence by handwritten entry or on the record, followed by a written agreement within a reasonable time.

However, if the parties reach an agreement just prior to hearing or trial, then the court may accept evidence of that settlement by way of a handwritten entry or on the record followed by the submission of a written agreement within a reasonable time thereafter.

WARNING

The debt schedule directs the filer to attach a separate list if necessary.

attach separate list, if necessary

WARNING

Applies to

Transcript

After a written transcript request or praecipe is filed, the court reporter must produce an original paper transcript and an electronically formatted transcript.

Upon the filing of a written request or praecipe for transcript, the court reporter shall transcribe any court proceeding requested and produce an original paper transcript along with an electronically formatted transcript.

WARNING

Applies to

Transcript

The court retains its electronic transcript copy as the official record; the reporter retains its copy, and the original transcript is routed to the Clerk for an appeal or to the requesting party otherwise.

The court's copy of the electronic transcript shall become the official record of the court proceeding, in lieu of a paper copy of the transcript, and shall be retained in the court where said proceeding was held. The court reporter's copy shall by retained by the court reporter. The original paper transcript along with the disk designated as the original transcript shall be forwarded to the Clerk if the transcript was prepared for purposes of appeal. If the transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered to the requesting party.

WARNING

Applies to

Annual report

Each court reporter must report transcript fees at least annually on forms prescribed by the Division of State Court Administration.

G. Annual Report Requirement. 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. The reporting shall be made on forms prescribed by the Division of State Court Administration.

WARNING

List other personal property items separately; attach additional pages if necessary.

OTHER PERSONAL PROPERTY (Household furnishings, Jewelry, tools, lawn furnishings, guns, collections, etc. please list items separately [Attach additional pages if necessary])

WARNING

The assets section directs the filer to show significant assets only.

(Show significant assets only)

WARNING

Applies to

Temporary restraining order

If using this suggested temporary restraining order form, the copies-distributed list must include the Sheriff.

Copies distributed to: (Must include Sheriff)

WARNING

Applies to

Parenting time agreement

Parents who agree to a different parenting-time schedule should put it in writing and obtain court approval and an order; otherwise, the court will not enforce it and will enforce the guideline schedule.

If, as parents, you agree that it is in the best interests of your children to adopt a schedule different from these guidelines, such an agreement should be in writing and approved and ordered by the Court. Without such approval and order, the Court will not enforce such an agreement should a denial of parenting time occur. Under such circumstances, the Court will enforce guideline parenting time.

INFO

Applies to

Motion to withdraw appearance

A motion for leave to withdraw accompanied by successor counsel’s written appearance waives the requirements of Rule 2.

E. Waiver of Rule. A motion for leave to withdraw an appearance accompanied by a written appearance of successor counsel shall constitute a waiver of the requirements of this rule.

INFO

Applies to

Motion to withdraw appearance

Except in estate, guardianship, or criminal cases, a motion to withdraw accompanied by the client’s written consent waives the requirements of Rule 2.

Except for appearances in estate, guardianship, or criminal cases, a motion to withdraw appearance accompanied by the written consent of the client shall also constitute a waiver of the requirements of this rule.

INFO

Applies to

Parenting time guidelines notice

A notice consistent with the form in Appendix K is sufficient.

A notice in a form consistent with that set for in Appendix K will be sufficient.

INFO

Applies to

Claim for services

The mediator should also submit a claim for services.

The mediator should also submit a claim for services.