Clay County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Certification

Must include

proposed order

A certification must include a prepared order of appointment in the form exhibited in Appendix A.

The certification shall include a prepared order of appointment, as exhibited in Appendix A.

CRITICAL

Applies to

No contact order

An orally authorized no-contact order must be reduced to writing and submitted to the Judge on the Court's next business day.

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.

CRITICAL

Applies to

Attendance affirmation

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.

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.

CRITICAL

Applies to

Initial pleading

Initial estate pleadings must include the attorney's name, address, telephone number, and Attorney's Registration Number.

All initial pleadings filed in an Estate shall contain the attorney's name, address, telephone, and Attorney's Registration Number.

CRITICAL

Applies to

Inventory and appraisement

Before real estate is sold in a supervised Estate or Guardianship, the personal representative must have filed an Inventory and Appraisement listing its fair market value.

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.

CRITICAL

Applies to

Accounting

Each accounting to the Court must contain an itemized statement of assets on hand.

6.1 All Accountings to the Court shall contain an itemized statement of assets on hand.

CRITICAL

Applies to

Corporate surety bond

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.

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.

CRITICAL

Applies to

Deed

For real estate distributed to heirs or devisees in an Unsupervised Estate, the personal representative must record the deed with the County Recorder before delivery to the grantees, at the Estate's expense.

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.

CRITICAL

Applies to

Semi annual report

The Presiding Judge must submit a written semiannual report to all District 19 Judges and Magistrates after the first and third 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.

CRITICAL

Applies to

Petition to open estate or guardianship

Petitions to open an Estate or Guardianship must state the probable value of personal property and estimated annual rents and profits when that information is readily available to a listed petitioner or representative.

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.

CRITICAL

Applies to

Final account

Instead of filing vouchers with the Final Account, the personal representative must state in the Final Account or a separate affidavit that the vouchers are in their possession and available for examination by interested parties.

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.

CRITICAL

Applies to

Deed

Deeds submitted for approval in Estate or Guardianship proceedings must be signed by the fiduciary, notarized before submission, and submitted with the Report of Sale of Real 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.

CRITICAL

Applies to

Order of appointment

The order of appointment must be filed in the court where the case originated.

The order of appointment shall be filed in the court where the case originated.

WARNING

Applies to

Pleading

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.

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.

WARNING

Applies to

Written petition

A Senior Judge may elect to participate by submitting a written petition to the Presiding Judge by January 15, stating the wish to participate that 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.

WARNING

Applies to

Order

Attorneys must submit a sufficient number of orders for every proceeding unless the Court expressly directs otherwise.

All attorneys shall submit a sufficient number of Orders for all proceedings, except when expressly directed otherwise by the Court.

WARNING

Applies to

Account or financial document

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.

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.

INFO

Applies to

Corporate surety bond

No bond is required for a supervised Estate or Guardianship when a qualified Corporate Banking Fiduciary is the fiduciary or one of several co-fiduciaries.

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.