Dearborn County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship recapitulation

A formal accounting is unnecessary, but a recapitulation must be made by letter and signed by the guardian; the Court may make special orders when special circumstances require.

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.

CRITICAL

Applies to

Evidence removal receipt

A party removing evidence must give the Court Reporter a detailed receipt, which becomes part of the Court file.

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.

CRITICAL

Applies to

Intermediate account

An intermediate account must comply with the cited statutes and state why the estate cannot be closed.

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.

CRITICAL

Applies to

Counsel certification

A contested dissolution action cannot be scheduled for final hearing until Counsel certifies to the Court that both parties completed the required disclosures.

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.

CRITICAL

Applies to

Supervised estate or guardianship accounting

Each expenditure in a supervised estate or guardianship accounting must have a notation explaining its nature.

In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for the nature of the expenditure.

CRITICAL

Applies to

Juror deferral disqualification or exemption documentation

Pre-trial jury deferral, disqualification, or exemption requires submission of documentation sworn under oath or affirmed under penalties of perjury.

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.

CRITICAL

Applies to

Biennial report

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.

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.

CRITICAL

Applies to

Petition for guardian of minor

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.

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.

CRITICAL

Applies to

Petition

A request to vary the bond requirement must be presented by verified petition alleging sufficient facts explaining the reason for the variance.

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.

CRITICAL

Applies to

Emergency mental health detention order

The Community Mental Health Center must prepare and submit all verbal and written Emergency Mental Health Detention Orders.

All verbal and written Emergency Mental Health Detention Orders shall be prepared and submitted by the Community Mental Health Center.

CRITICAL

Applies to

Biennial account

Each biennial account must be signed by the guardian under the penalties of perjury or notarized.

B. All such biennial accounts must be signed by the guardian under the penalties of perjury or notarized.

CRITICAL

Applies to

Petition for provisional order

A petition for a provisional order involving support money must include an attached child support guideline worksheet signed by the submitting party.

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.

CRITICAL

Applies to

Petition for fees above guideline

Fees above the guideline may be fixed only after a petition is filed and all interested persons receive notice.

Any and all fees in excess of the guidelines shall be fixed only after a petition is filed and notice to all interested persons.

CRITICAL

Applies to

Petition for provisional order

A petition for a provisional order concerning child custody and support must include a proposed notice setting a hearing within 21 days.

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.

CRITICAL

Applies to

Petition for sale

For a sale of real estate in a supervised estate or guardianship, a professional appraisal of fair market value must be filed with the petition for sale 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.

CRITICAL

Applies to

Report of sale

A copy of every deed in an estate or guardianship must be filed with the report of sale.

A copy of all deeds in estates or guardianships must be filed with reports of sale for the Court’s records.

CRITICAL

Applies to

Negotiated criminal plea

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.

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.

CRITICAL

Applies to

Inventory

An inventory must be filed within two months after the personal representative or guardian is appointed.

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.

CRITICAL

Applies to

Dissolution education workshop

Parties in dissolution cases with minor un-emancipated children must participate in the workshop, although the Court may waive the rule for good cause.

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).

CRITICAL

Applies to

Notification of compliance

A final decree may not be granted and a case may not be set for final hearing until a Notification of Compliance confirms workshop attendance and payment of program fees.

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.

CRITICAL

Applies to

Petition for ex parte order

Present a prepared Order Book Entry at the same time as any petition for an ex-parte order.

Where any petition for an ex-parte order is presented, there shall be presented at the same time a prepared Order Book Entry.

CRITICAL

Applies to

State discovery disclosure

The State must disclose to the Defendant the listed witness, statement, grand-jury, expert, tangible-evidence, and conviction materials within its possession or control.

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.

CRITICAL

Applies to

Pre trial notice

A party offering biologically contaminated evidence must file a pre-trial notice with the Court so it can 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.

CRITICAL

Applies to

Guardianship accounting

Guardianship accountings must include an officer’s certification of the balance at each institution holding guardianship assets, or a current account statement.

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.

CRITICAL

Applies to

Petition for letters

Petitions for letters of guardianship, administration, or testamentary letters must note the personal representative’s attorney’s name, address, phone number, and State Bar Number.

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,

CRITICAL

Applies to

Probate account

An account cannot be approved until all vouchers have been filed.

No account shall be approved unless and until all vouchers are filed.

CRITICAL

Applies to

Bond

Before performing duties in a supervised estate or guardianship, the personal representative must file a bond at least equal to the value of personal property plus the probable annual rents and profits of all estate property, subject to the stated exceptions.

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:

CRITICAL

Applies to

Guardianship petition

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.

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.

CRITICAL

Applies to

Probate account

File vouchers or receipts for all credits with every probate account, including supplemental reports, unless the Court permits other evidence.

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.

CRITICAL

Applies to

Inheritance tax schedule

A Form IH-6 schedule of all property filed with the Clerk’s Office must be accompanied by Form IH-9, a court order determining the tax amount.

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.

WARNING

Applies to

Probate petition or paper

Prepare probate petitions and papers as civil pleadings and provide sufficient copies.

All petitions and papers in probate proceedings shall be prepared, as in the case of civil pleadings, with sufficient copies.

WARNING

Applies to

Juror deferral statement

The Court may defer jury service upon presentation of the juror’s sworn statement showing undue hardship, extreme inconvenience, or public necessity.

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.

WARNING

Applies to

Bond

If the will expresses the testator’s intent to waive the bond, the Court will set a bond adequate to protect creditors, tax authorities, and devisees.

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;

WARNING

Applies to

Transcript

Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.

Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.

INFO

Applies to

Bond

No bond is required when the sole devisee and the personal representative are the spouse.

When the sole devisee and the personal representative are the spouse, no bond is required;

INFO

Applies to

Release request

Such releases should be in writing and should describe the specific items of evidence requested to be released.

Such releases should be in writing and should describe the specific items of evidence requested to be released.