Dearborn County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Document Format Requirements3 rules
Under no circumstances should drugs, currency or other dangerous or valuable items be included in appellate records.
Non- documentary and oversized exhibits shall not be sent to the Appellate level Court, but shall remain in the custody of the trial Court during the appeal.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Document Filing Requirements36 rules
Requests to vary from this bond requirement shall be presented to the Court by verified petition with sufficient facts alleged as to the reason for seeking the variance.
Unless otherwise ordered by the Court, all negotiated criminal pleas as to misdemeanors or Class D felonies in matters scheduled for trial by jury shall be tendered to the Court in writing and signed by the defendant, defense counsel, and the prosecutor at least fourteen (14) days before jury trial date.
The State must disclose to the Defendant the listed witness, statement, grand-jury, expert, tangible-evidence, and conviction materials within its possession or control.
Court's wording
The State shall disclose to the Defendant the following material and information within its possession or control: 1. The names and last known addresses of persons whom the State may call as witnesses at trial together with their relevant written or recorded statements, and any memoranda containing substantially verbatim reports of their oral statements. 2. Written or recorded statements and the substance of any oral statements made by the Defendant or co-Defendant, and a list of witnesses to the making and acknowledgment of such statements. 3. A transcript of those portions of grand jury minutes, if any, containing testimony of persons whom the State may call as witnesses. 4. Reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests. 5. A listing of, and the opportunity to examine books, papers, documents, photographs or tangible objects which the State intends to use at trial or which were obtained from or belong to the accused. 6. Any record or prior criminal convictions of the Defendant and of persons the State intends to call as witnesses at trial.
Pre-trial deferral, disqualification or exemption by the Court may only be granted upon submission to the Courts of deferral, disqualification or exemption documentation sworn under oath or affirmed under penalties of perjury.
Such accounting shall comply with the provisions of I.C. 29-1-16-4 and I.C. 29-1-16-6 and shall state facts showing why the estate cannot be closed.
In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for the nature of the expenditure.
Any and all fees in excess of the guidelines shall be fixed only after a petition is filed and notice to all interested persons.
All guardianship accountings must contain a certification of an officer of all financial institutions in which guardianship assets are held, verifying the account balance or a current statement of the account.
No account shall be approved unless and until all vouchers are filed.
File vouchers or receipts for all credits with every probate account, including supplemental reports, unless the Court permits other evidence.
Court's wording
At the time of the filing of all accounts (including supplemental reports) in any probate matter, vouchers or receipts evidencing all credits claimed in said account shall be filed therewith unless the Court permits other evidence to be submitted in lieu thereof.
A minor’s guardianship petition must state the child’s address and the petitioner’s knowledge about other custody litigation and nonparty custody or visitation claims.
Court's wording
In every Petition for the Appointment of Guardian over the person of a minor child, the following information shall be given: A. The child’s address; B. Whether, to petitioner’s knowledge, any other litigation is pending concerning the custody of the same child in this or any other state; C. Whether, to petitioner’s knowledge, any person not a party to the guardianship proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child.
Where any petition for an ex-parte order is presented, there shall be presented at the same time a prepared Order Book Entry.
Upon all Petitions for Letters of Guardianship or of Administration or Testamentary, the attorney for the personal representative shall have noted thereon his name, address, phone number and State Bar Number,
In every supervised estate and guardianship, the personal representative, before entering duties, shall file a bond not less than the value of the personal property to be administered, plus the probable value of annual rents and profits of all property of the estate, except as hereinafter provided:
A treating physician’s signed report must be presented when the petition is filed or on the hearing date, except in the specified consensual guardianships.
Court's wording
In all guardianship matters, except consensual guardianships seeking to declare a disabled adult person incompetent, at a minimum, a physicians report signed by the doctor treating the alleged incompetent must be presented at the time the petition is filed or on the hearing date.
In all supervised estates and guardianships in which the real estate is to be sold (not distributed), a written professional appraisal setting forth the fair market value thereof must be filed with the court at the time of filing the petition for sale, unless such an appraisal was filed with the Inventory.
A copy of all deeds in estates or guardianships must be filed with reports of sale for the Court’s records.
In all guardianship and supervised estates, an inventory must be filed with the Court within two (2) months after the appointment of the personal representative or guardian.
When property of the ward or conservatorship is handled, the guardian or conservator must file a biennial report containing the beginning balance or inventory, income, expenses, and a recapitulation showing the current balance.
Court's wording
All guardianships in which property of the ward/conservatorship is handled, the guardian or conservator shall file a biennial report in accordance with I.C. 29- 3-9-6-5,-6,-6.5 which must contain the following information: a. the beginning balance or inventory; b. income; c. expenses; d. recapitulation showing the current balance.
Schedules of All Property (Form IH-6, Inheritance Tax Division) when filed with the Clerk’s Office, shall be accompanied by Form IH-9, a Court Order determining the amount of taxes.
C. Under provisions of I.C. 29-3-9-6.5, a formal accounting need not be made; however, a recapitulation must be made by letter and signed by the guardian. The Court may make special orders in cases where special circumstances require.
All verbal and written Emergency Mental Health Detention Orders shall be prepared and submitted by the Community Mental Health Center.
B. All such biennial accounts must be signed by the guardian under the penalties of perjury or notarized.
At the time of removal, detailed receipts shall be given to the Court Reporter by the party receiving and removing the evidence and the receipt will be made part of the Court file.
A party offering biologically contaminated evidence must file a pre-trial notice with the Court so it can rule before trial.
Court's wording
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
All Petitions for Provisional Orders which involve support money shall be accompanied by a child support guideline worksheet, and the same shall be attached to the Petition, and such worksheet shall be signed by the party submitting the same.
All Petitions for Provisional Orders for child custody and support money shall be accompanied by a proposed Notice setting a date, within twenty-one (21) days, for a hearing on the same.
Parties in dissolution cases with minor un-emancipated children must participate in the workshop, although the Court may waive the rule for good cause.
Court's wording
All parties to dissolution cases with minor un-emancipated children who file for dissolution of marriage shall participate in a Dissolution Education Workshop for the purpose of encouraging agreements between the parties on child related matter and aiding the matters and aiding the parents in post-separation parenting. No final Decree of Dissolution in such cases shall be granted, nor shall the case be set for final hearing until a Notification of Compliance has been received that the parties have attended such workshop and paid the program fees. An Order to the parties shall be automatically issued by the Court upon the filing of a Petition for Dissolution of Marriage where un-emancipated children are involved. These Orders shall be enforceable by contempt proceedings. The Court may waive application of this Rule upon good cause (i.e. that the parties have already reached an acceptable agreement).
No final Decree of Dissolution in such cases shall be granted, nor shall the case be set for final hearing until a Notification of Compliance has been received that the parties have attended such workshop and paid the program fees.
No contested marriage dissolution action will be scheduled for final hearing unless Counsel for either or both parties certify to the Court that the above required disclosure has been completed by both parties.
Pursuant to Indiana Jury Rule 7, the Courts may defer jury service upon presentation of a statement by the juror under oath which constitutes a showing of undue hardship, extreme inconvenience or public necessity.
All petitions and papers in probate proceedings shall be prepared, as in the case of civil pleadings, with sufficient copies.
Where, under the terms of the will, the testator expresses an intention that the bond be waived, the Court will set a bond adequate to protect creditors, tax authorities and devisees;
Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.
When the sole devisee and the personal representative are the spouse, no bond is required;
Such releases should be in writing and should describe the specific items of evidence requested to be released.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
A guilty plea within 14 days of the jury trial date must be presented to the Court without a recommendation.
Any guilty plea within fourteen (14) days of the jury trial date shall be before the Court without recommendation.
Page 9 | CR-2: NEGOTIATED CRIMINAL PLEA AS TO MISDEMEANORS AND CLASS D FELONIES
Unless the Court orders otherwise, negotiated pleas covered by this rule must be tendered at least 14 days before the jury trial date.
Unless otherwise ordered by the Court, all negotiated criminal pleas as to misdemeanors or Class D felonies in matters scheduled for trial by jury shall be tendered to the Court in writing and signed by the defendant, defense counsel, and the prosecutor at least fourteen (14) days before jury trial date.
Page 9 | CR-2: NEGOTIATED CRIMINAL PLEA AS TO MISDEMEANORS AND CLASS D FELONIES
If an estate remains open after one year, file an intermediate account within 30 days after the first anniversary of the administrator’s or executor’s appointment and each succeeding year.
Whenever an estate cannot be closed within one (1) year, an intermediate account shall be filed with the Court within thirty (30) days after the expiration of one (1) year from the date of the appointment of an administrator or executor and each succeeding year thereafter.
Page 13 | PR-2: ACCOUNTS
If an intermediate account is not filed, the Court will annually order the estate’s attorneys to file it within 30 days; failure to comply may result in an order to show cause regarding removal.
In the event that no such intermediate accounting is filed, the Court will annually issue to the attorneys for such estates an order to file such accounting within thirty (30) days from the date of this order. In the event that no accounting is filed pursuant to the order, an Order to Show Cause will be issued to the executor and the attorney to show cause why they should not be removed for failure to comply with I.C. 29-1-16.2.
Page 13 | PR-3: SANCTIONS
The appraisal must be filed when the petition for sale is filed, unless it was already filed with the Inventory.
In all supervised estates and guardianships in which the real estate is to be sold (not distributed), a written professional appraisal setting forth the fair market value thereof must be filed with the court at the time of filing the petition for sale, unless such an appraisal was filed with the Inventory.
Page 15 | PR-9: SALE OF ASSETS
The inventory is due within two months after appointment of the personal representative or guardian.
In all guardianship and supervised estates, an inventory must be filed with the Court within two (2) months after the appointment of the personal representative or guardian.
Page 15 | PR-10: INVENTORY
The pre-trial notice must be filed in time for the Court to consider the issue and rule before trial.
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 25 | G. Biologically Contaminated Evidence
If possible, the Circuit Court scheduling secretary shall attempt to set a hearing date within five days after the petition and request for temporary orders are filed.
The scheduling secretary of the Circuit Court shall attempt to set a date within five (5) days, if possible, from the date of the filing of the Petition and the Request for Temporary Orders.
Page 36 | FL-4: PRELIMINARY ORDERS
Service and Proof of Service Rules
Send notices of court action to the attorney, and that notice constitutes notice to the personal representative.
all notices of court action in said proceeding shall be sent to said attorney, and the same shall constitute notice to the personal representative.
Page 14 | PR-5: ENTRIES AND NOTICE OF ENTRIES
A party offering biologically contaminated evidence must serve all parties with the pre-trial notice.
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 25 | G. Biologically Contaminated Evidence
For post-decree dissolution matters, hearing notices must be served on the other party and that party’s attorney who appeared in the dissolution proceedings.
In all matters pertaining to Dissolution of Marriage commenced after the final Decree has been placed on the Order Book, notice of hearings thereon must be served upon the other party and upon the attorney who appeared for the other party in the dissolution proceedings. The Rule shall apply for all proceedings for contempt, modifications, proceedings supplemental and the like.
Page 36 | FL-3: SERVICE OF PLEADING AFTER DISSOLUTION
The parties must exchange verified financial declaration forms within 60 days after filing the petition.
Within sixty (60) days of the date of filing of the Petition, exchange verified financial declaration forms as set forth in Attachment 2 to these Rules.
Page 37 | FL-5: MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
The parties must exchange the listed tax, income, and retirement information within 45 days after filing the dissolution petition.
Within forty-five (45) days of the filing of a Petition for Dissolution of Marriage, the parties shall exchange copies of Federal Income Tax Returns for the previous year, most recent pay stubs and all of the most current information available regarding pensions, 401-K’s and any other retirement plans.
Page 37 | FL-5: MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
The Court must mail actual notice of the evidence-destruction date to attorneys of record and to unrepresented parties.
In all cases, the Court shall provide actual notice, by mail, to all attorneys of record and to parties only if unrepresented by Counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 24 | RETENTION PERIODS FOR EVIDENCE INTRODUCED IN CRIMINAL CLASS A AND CLASS B FELONIES, MURDER AND ATTEMPTS
The required exchanges constitute mandatory discovery and are subject to Trial Rule 37 sanctions.
Exchange of the above stated information constitutes mandatory discovery, and therefore Trial Rule 37 sanctions apply.
Page 37 | FL-5: MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
Filing Fees and Waivers
All court costs must be paid in full when the estate or probate matter is completed.
Any and all Court costs shall be paid in full at the time the estate or probate matter is completed.
Page 13 | LR15-PR-1: FEES AND COSTS OF ADMINISTRATION
The fee for opening an uncontested guardianship is $500.00.
A. Opening (uncontested) ............................................................................ $500.00
Page 17 | PR-14:GUARDIANSHIP FEES
The fee for a guardianship final report is $400.00.
D. Final Report ............................................................................................. $400.00
Page 17 | PR-14:GUARDIANSHIP FEES
The fee for a trust final report is $400.00.
D. Final Report ............................................................................................ $400.00
Page 17 | PR-15:TRUST FEES
A real-estate mortgage foreclosure carries a $750.00 basic fee, plus 5% of the first $30,000.00 and 4% of any amount over $30,000.00.
Basic Fee .......................................................................................................... $750.00 Plus 5% of first $30,000.00 Plus 4% of all over $30,000.00
Page 17 | PR-16:FORECLOSURE OF REAL ESTATE MORTGAGE
The fee for opening a trust matter is $500.00.
A. Opening… ............................................................................................. $500.00
Page 17 | PR-15:TRUST FEES
The fee for a guardianship current report is $350.00.
B. Current Report… .....................................................................................$350.00
Page 17 | PR-14:GUARDIANSHIP FEES
The fee for a trust current report is $350.00.
B. Current Report… .................................................................................... $350.00
Page 17 | PR-15:TRUST FEES
The guardianship real-estate sale filing package, including the listed documents and any required closing attendance, carries a $500.00 fee.
C. Sale of Real Estate Consisting of the following: 1. Petition to Sell 2. Order 3. Waivers or Notices 4. Report of Sale 5. Order 6. Deed 7. Supporting documents including attend closing if required............ $500.00
Page 17 | PR-14:GUARDIANSHIP FEES
The trust real-estate sale filing package, including the listed documents and any required closing attendance, carries a $500.00 fee.
C. Sale of Real Estate Consisting of the following: 1. Petition to Sell 2. Order 3. Waivers or Notices 4. Report of Sale 5. Order 6. Deed 7. Supporting documents including attend closing if required ...... $500.00
Page 17 | PR-15:TRUST FEES
All transcripts are subject to a minimum fee of $35.00.
There shall be a minimum fee of Thirty-Five Dollars ($35.00) on all transcripts.
Page 26 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
The bill must go directly to the requesting lawyer, and the transcript will not be released until paid in full.
A bill shall be submitted directly to the lawyer requesting the transcript, said transcript will not be released until payment in full is received.
Page 26 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
The parties must pay the program fees for the Dissolution Education Workshop before a final decree or final hearing may proceed.
No final Decree of Dissolution in such cases shall be granted, nor shall the case be set for final hearing until a Notification of Compliance has been received that the parties have attended such workshop and paid the program fees.
Page 36 | FL-2: DISSOLUTION EDUCATION WORKSHOP
Any and all fees allowed personal representatives and attorneys in probate matters shall, so far as deemed proper by the Court, be allowed in conformance with the fee guideline then existing, approved and adopted by the Dearborn-Ohio Circuit Court.
Any and all fees allowed personal representatives and attorneys in probate matters shall, so far as deemed proper by the Court, be allowed in conformance with the fee guideline then existing, approved and adopted by the Dearborn-Ohio Circuit Court.
Page 13 | LR15-PR-1: FEES AND COSTS OF ADMINISTRATION
The transcript charges are the same for hard-copy and disk transcripts.
These charges shall be the same regardless of whether the transcript is produced as a hard copy or on disk.
Page 26 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
A Court Reporter may request a retainer in some instances.
In some instances a retainer may be requested.
Page 26 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
The maximum per page fee a Court Reporter may charge for the preparation of a private transcript shall be: A Five Dollars ($5.00); Five Dollars and Fifty Cents ($5.50) for expedited transcripts; Two Dollars and Fifty Cents ($2.50) for a copy.
The maximum per page fee a Court Reporter may charge for the preparation of a private transcript shall be: A Five Dollars ($5.00); Five Dollars and Fifty Cents ($5.50) for expedited transcripts; Two Dollars and Fifty Cents ($2.50) for a copy.
Page 26 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
A Court Reporter may add a charge at the reporter’s normal hourly rate for binding a transcript and exhibits.
An additional charge at the Court Reporter’s normal hourly rate may be added for binding the transcript and exhibits.
Page 26 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
If counseling is recommended, the defendant must pay its costs.
If counseling is recommended, the costs are to be paid by the defendant.
Page 29 | LR15-AR-12: SUPERIOR COURT II COURT ALCOHOL AND DRUG EDUCATION PROGRAM
The Basic or Advanced Education Fee for the Alcohol and Drug Education Program is $200 and is payable to the Clerk of Court.
shall have the following fees payable to the Clerk of Court: II. Basic or Advanced Education Fee $200.00
Page 29 | LR15-AR-12: SUPERIOR COURT II COURT ALCOHOL AND DRUG EDUCATION PROGRAM
The A.C.C. Drug Court and Veterans Court Administration Fee is $100 and is payable to the Clerk of Court.
shall have the following fees payable to the Clerk of Court: I. Administration Fee $100.00
Page 29 | LR15-AR-13 DEARBORN SUPERIOR COURT 1 ACCOUNTABILITY, CHANGE, AND COMMUNITY (A.C.C.) DRUG COURT AND DEARBORN COUNTY VETERANS COURT (D.V.C)
The Assessment/Case Management Fee for the Alcohol and Drug Education Program is $200 and is payable to the Clerk of Court.
shall have the following fees payable to the Clerk of Court: I. Assessment/Case Management Fee $200.00
Page 29 | LR15-AR-12: SUPERIOR COURT II COURT ALCOHOL AND DRUG EDUCATION PROGRAM
The A.C.C. Drug Court and Veterans Court Monthly Fee is $50 and is payable to the Clerk of Court.
shall have the following fees payable to the Clerk of Court: II. Monthly Fee $50.00
Page 29 | LR15-AR-13 DEARBORN SUPERIOR COURT 1 ACCOUNTABILITY, CHANGE, AND COMMUNITY (A.C.C.) DRUG COURT AND DEARBORN COUNTY VETERANS COURT (D.V.C)
The costs of basic or advanced education are paid through the program.
Costs of either advanced or basic education are paid through the program.
Page 29 | LR15-AR-12: SUPERIOR COURT II COURT ALCOHOL AND DRUG EDUCATION PROGRAM
Fees under the cited Indiana statute apply in the Southeastern Indiana Veterans Treatment Court, and the cited assessment and collection procedures must be followed.
The schedule of fees set forth under Indiana Code 33-23-16-23 shall be applicable in the Southeastern Indiana Veterans Treatment Court and procedures of assessment and collection of fees pursuant to Problem Solving Court Rules Section 16 shall be followed and received by the Southeastern Indiana Veterans Treatment Court.
Page 33
The A.C.C. Drug Court and Veterans Court Drug Test Fee is $10 and is payable to the Clerk of Court.
shall have the following fees payable to the Clerk of Court: III. Drug Test Fee $10.00
Page 29 | LR15-AR-13 DEARBORN SUPERIOR COURT 1 ACCOUNTABILITY, CHANGE, AND COMMUNITY (A.C.C.) DRUG COURT AND DEARBORN COUNTY VETERANS COURT (D.V.C)
Sealing & Redaction Procedures
Personal information about jurors or prospective jurors not disclosed in open court is confidential, subject to permitted use by parties and counsel.
Pursuant to Indiana Jury Rule 10, personal information relating to jurors or prospective jurors not disclosed in open Court shall be considered confidential, other than as permitted for use of parties and counsel.
Page 12 | JR-3: JURY SAFETY AND PRIVACY
Juror deferral, disqualification, or exemption documentation is confidential personal information and may not be disclosed unless the Court directs otherwise.
The documentation shall be personal information relating to the juror, shall be considered confidential, and shall not be disclosed except as otherwise directed by the Courts.
Page 12 | JR-2: DEFERRAL, DISQUALIFICATION, AND EXEMPTION
Pre-Motion Conference Requirements
Within 90 days after filing, the parties must conduct a settlement conference, verify to the Court that it occurred, and report any resulting stipulations or agreements.
Within ninety (90) days of the date of filing, conduct and verify to the Court that a settlement conference between the parties and Counsel has been conducted and report to the Court any stipulations or agreements which have arisen from the settlement conference.
Page 37 | FL-5: MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
The settlement conference process does not apply when either or both parties are unrepresented by Counsel.
The settlement conference process of this Rule shall not apply in cases in which one or both of the parties is not represented by Counsel.
Page 37 | FL-5: MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
Adjournment & Extension Requirements
No written motion is required except to compel discovery, for additional specific discovery not addressed in this order not agreed to by the other party, for a protective order or for an extension of time, which are timely filed.
No written motion is required except to compel discovery, for additional specific discovery not addressed in this order not agreed to by the other party, for a protective order or for an extension of time, which are timely filed.
Page 11 | D. CONTINUING DISCOVERY AND SANCTIONS
The Court may extend or shorten the deadlines for good cause shown.
Deadlines may be extended or shortened by the Court for good cause shown.
Page 37 | FL-5: MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
Chambers Communication Rules
Anyone requesting emergency detention must first notify the Community Mental Health Center before the Court will issue an order.
In the event that an emergency mental health detention and examination are needed, the family or significant others, the referring physician, or the police officer or any other person requesting emergency detention shall first notify the Community Mental Health Center before such an Order will be issued by the Court.
Page 18 | PR-19:MENTAL HEALTH COMMITMENTS
Use the county website or court-and-clerk directory to find contact information, and contact the local court directly with the listed questions.
For local court contact information, visit the county's official website or see our directory of courts and clerks. 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 | Dearborn County