Clay County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements4 rules
6.2 All Accountings to the Court shall follow the prescribed statutory format. Informal, handwritten statements and/or Accountings will not be accepted. Transactional Accountings are acceptable, provided the Fiduciary is a State or Federally chartered Financial Institution, and that such Institution can provide details regarding said Accountings, if required by the Court.
The certification shall include a prepared order of appointment, as exhibited in Appendix A.
In the event a court reporter prepares a transcript using county owned equipment, the court reporter shall provide the paper at the court reporter's
In light of the various additional requirements under the new appeal process, the Court shall provide binders for said transcripts so prepared.
Document Filing Requirements18 rules
An attendance affirmation must be filed before the specified dissolution, post-dissolution, and paternity proceedings, although the courts may waive the requirements upon clear and convincing evidence that waiver better serves the child’s best interests.
Court's wording
The Clay Circuit and Superior Courts shall not conduct final hearings nor approve waivers of a final hearing in dissolution of marriages in which there are unemancipated children until both parties have filed an affirmation that each of them and all unemancipated children age six or older have successfully attended the Effective Parenting for Divorcing Couples Program conducted by Kirkman and Associates or its pre-court approved equivalent. The Clay Circuit and Superior Courts shall not conduct any post-dissolution hearings on modification of custody or visitation and affidavits charging contempt of court based upon visitation until the requirements in the first paragraph of this Rule have been satisfied following the filing of the petition or affidavit. The Clay Circuit Court shall not conduct any paternity hearings regarding custody or visitation until the requirements in the first paragraph of this Rule have been satisfied following the filing of a petition or affidavit. The Courts reserve the right to waive the requirements of these Rules if clear and convincing evidence demonstrates that the best interests of the child or children would be better served.
An orally authorized no-contact order must be reduced to writing and submitted to the Judge on the Court's next business day.
Court's wording
If a no contact order is needed outside of the court's regular business hours, the Prosecutor or the primary investigating law enforcement officer may contact a Judge an request the release of the arrested person on bond or an oral authorization for a no-contact order which shall be reduced to a written non contact order and submitted to the Judge on the next business day of the Court.
All initial pleadings filed in an Estate shall contain the attorney's name, address, telephone, and Attorney's Registration Number.
A fiduciary must file a court-set Corporate Surety Bond before Letters issue, subject to the stated factors and the exception for certain supervised estates or guardianships with a qualified Corporate Banking Fiduciary.
Court's wording
In Estates and Guardianships, the fiduciary, prior to the issuance of Letters, shall file a Corporate Surety Bond, in an amount set by the Court, considering the following factors: A. That the Testator, under the terms of the Will expresses an intention that Bond be waived. B. That the Fiduciary is an heir or legatee of the Estate, or the sole heir or legatee. C. Where all heirs or legatees have filed a written request with the Court that the Fiduciary serve without bond. Whether the Estate is supervised or unsupervised. D. No Bond shall be required in any supervised Estate or Guardianship in which a Corporate Banking Fiduciary qualified by law as such is either the Fiduciary or one of several Co-Fiduciaries.
In all Supervised Estates and Guardianships in which real estate is to be sold, the personal representative shall have filed an Inventory and Appraisement listing the fair market value of the real estate to be sold.
In all Unsupervised Estates in which real estate is distributed to heirs/devisees, the Deed shall be recorded with the County Recorder by the personal representative prior to delivery to the Grantee(s), and at the Estate's expense.
All Petitions to open an Estate or Guardianship shall set forth the probable value of the personal property, plus the estimated annual rents and profits to be derived from the property in an Estate or Guardianship, if such information is readily available to the Petitioner, Personal Representative, or the attorney for the Estate.
All Deeds submitted to the Court for approval in either Estate or Guardianship proceedings shall be signed by the Fiduciary and the signature notarized prior to its submission. All such Deeds shall be submitted with the Report of Sale of Real Estate.
6.1 All Accountings to the Court shall contain an itemized statement of assets on hand.
6.4 In lieu of filing vouchers with the Final Account, a statement shall be made in the Final Account, or by separate Affidavit, that the vouchers are in the possession of the personal representative and are available for examination by interested parties.
The certification shall include a prepared order of appointment, as exhibited in Appendix A.
The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.
The order of appointment shall be filed in the court where the case originated.
Pleadings filed by mail or left with the Court must include a self-addressed, stamped return envelope unless a local attorney has a designated filing receptacle at the Circuit Court.
Court's wording
When pleadings are filed by mail or left with the Court for filing, a self-addressed, stamped envelope shall be included for return of documents to the attorney, unless the attorney is local and has a designated receptacle for such filing in the Circuit Court for use by the Clerk of the Court for this purpose.
All attorneys shall submit a sufficient number of Orders for all proceedings, except when expressly directed otherwise by the Court.
Instead of a bond, a fiduciary may restrict transfers of liquid assets held in a federally insured financial institution by placing the required court-order restriction on the account or document.
Court's wording
In lieu of a Bond as required by rule 3.1, a Fiduciary may restrict transfer of all or part of the Estate or Guardianship liquid assets by placing those assets in a federally insured financial institution with the following restriction placed on the face of the account or document: NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE CIRCUIT COURT OF CLAY COUNTY, INDIANA.
A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year indicating that the Senior Judge wishes to participate during the year.
No Bond shall be required in any supervised Estate or Guardianship in which a Corporate Banking Fiduciary qualified by law as such is either the Fiduciary or one of several Co-Fiduciaries.
Filing & Service rules
Filing Timing and Cure Windows
An inventory for a supervised or unsupervised Estate must be filed within 60 days of the fiduciary's appointment.
An Inventory shall be filed by the Fiduciary in al Estate and Guardianships as follows: Estates (supervised and unsupervised), within sixty (60) days; Guardianships within ninety (90) days of permanent Guardians and within thirty (30) days for temporary Guardians. All times relate to the date of appointment of the Fiduciary.
Page 12 | LR11-PR-4 INVENTORY
The Presiding Judge must submit the report no more than 10 days after the end of the first and third calendar-year quarters.
The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.
Page 17 | LR11-TR79-01, B
A Senior Judge who elects to participate must submit the petition by January 15 of that calendar year.
A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year indicating that the Senior Judge wishes to participate during the year.
Page 17 | LR11-TR79-01, D
Service and Proof of Service Rules
Initial summons in pro se small claims, pro se marriage dissolutions, and pro se proceedings supplemental to execution must be issued exclusively by certified mail with return receipt requested, unless a Judge directs otherwise in a particular case.
The Clerk of the Clay Circuit and Superior Courts shall issue initial summons in pro se small claims, pro se dissolutions of marriage, and pro se proceedings supplemental to execution exclusively by certified mail, return receipt requested. Further the Clerk shall issue alias summons in such cases to an address different from the initial exclusively by certified mail, return receipt requested. The Clerk shall also issue any alias summons to the initial address to be served by the Clay County Sheriff's Department. Either Judge may direct the Clerk to vary from this order in any particular case.
Page 6 | LR11-TR5-1 SERVICE OF PROCESS IN THE CLAY CIRCUIT AND SUPERIOR COURTS
Copies of petitions must accompany all notices for hearings arising from matters in the petition.
Copies of Petitions shall be sent with all notices where the hearing involved arises from the matters contained in the Petition.
Page 11 | LR11-PR-1 NOTICE
When publication notice is required, the attorney must prepare and ensure proper publication, comply with statutory requirements, and provide adequate proof before bringing the matter to the Court.
Whenever notice by publication and/or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published and/or served. In all aspects, the notice shall comply with all statutory requirements. It shall be the attorney's responsibility to ascertain and provide adequate proof thereof regarding whether notice was properly served prior to bringing a matter to the Court.
Page 11 | LR11-PR-1 NOTICE
Filing Fees and Waivers
The Clerk must assess and collect the $25 late payment fee unless it is suspended by court order, and may take appropriate collection steps, including retaining legal counsel.
When a Defendant meets the criteria described, the Clerk shall assess and collect a late payment fee in the sum of $25.00, unless the late payment fee is suspended by Court Order. The Clerk may take all appropriate steps to collect late payment fees, including without limitation the retention of legal counsel to effectuate collection proceedings.
Page 10 | Clerk To Assess And Collect Late Payment Fee
A non-indigent defendant must pay a $25 late payment fee to the Clerk if costs, fines, or civil penalties are not paid in full by the later of the specified deadlines.
A defendant who is required to pay court costs (including fees), a fine, or a civil penalty and who has not been determined by the Court imposing the costs, fine, or civil penalty to be indigent shall pay, in addition to costs, fine or civil penalty, a late payment fee in the sum of $25.00 to the Clerk of the Court if the defendant fails to pay the costs, fine or civil penalty in full before the later of the following: (a) the end of the business day on which the Court enters the conviction of Judgement; of (b) the end of the period specified in a payment schedule set for the payment of the court costs, fines and civil penalties adopted for the operation of the Courts of Clay County.
Page 10 | Assessment Of Late Payment Fee
Court costs in an accounting must be paid on or before the hearing date.
6.3 All Court Costs shall be paid on or before any hearing date in any Accounting.
Page 13 | LR11-PR-6 ACCOUNTINGS
The minimum transcript fee is $35.00.
The minimum transcript fee shall be $35.00.
Page 8 | LR11-AR15-1 - B. Salaries and Per Page Fees
The maximum fee for an expedited transcript due within three working days is $5.50 per page.
$5.50 when the transcript must be prepared within three (3) working days.
Page 8 | LR11-AR15-1 - B. Salaries and Per Page Fees
A private regular transcript may be charged at no more than $4.50 per page.
The maximum per page a court reporter may charge for the preparation of a private transcript shall be $4.50 per page for a private regular transcript.
Page 8 | LR11-AR15-1 - B. Salaries and Per Page Fees
The maximum fee for an expedited transcript due within 24 hours or less is $7.00 per page.
If a court reporter is requested to prepare an expedited transcript, the maximum page fee shall be $7.00 when the transcript must be prepared within twenty-four (24) hours or less;
Page 8 | LR11-AR15-1 - B. Salaries and Per Page Fees
The maximum fee for a county or state indigent transcript is $4.50 per page, and the reporter must submit claims for county indigent transcripts directly to the county.
The maximum per page fee a court reporter may charge for the preparation of a county or state indigent transcript shall be four dollars and fifty cents ($4.50); the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
Page 8 | LR11-AR15-1 - B. Salaries and Per Page Fees
The Court may suspend the late payment fee if it finds that the Defendant showed good cause for failing to pay the previously assessed costs, fine, or civil penalty on time.
The Court that imposed the costs, fine or civil penalty may suspend the late payment fee required by this Rule if the Court finds that the Defendant has demonstrated good cause for failure to make a timely payment of the previously assessed costs, the assessment and collection of the Late Payment Fee.
Page 10 | Court May Suspend Late Payment Fee
Chambers Communication Rules
Outside regular court hours, the Prosecutor or primary investigating law enforcement officer may contact a Judge to request release on bond or oral authorization for a no-contact order.
If a no contact order is needed outside of the court's regular business hours, the Prosecutor or the primary investigating law enforcement officer may contact a Judge an request the release of the arrested person on bond or an oral authorization for a no-contact order which shall be reduced to a written non contact order and submitted to the Judge on the next business day of the Court.
Page 5 | No Contact Provisions