DeKalb County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuance motions must be in writing unless made on the record during the hearing or specifically authorized by the Court.
- Before filing a written continuance motion, the moving party must confer with all other parties’ counsel and, where practical, self-represented parties, ascertain objections and at least three mutually available rescheduling dates, and report or attach the objections and dates to the motion.
- A party’s self-represented status does not excuse compliance with the continuance rule, and counsel must make a good-faith attempt to communicate with that person about a continuance request.
- +1 more
Request must include
Document Format Requirements2 rules
The responding party must use the same form served by the opposing party so the filed copy contains both parties’ disclosures.
Court's wording
The responding party shall make his or her disclosures on a copy of the SAME FORM served by the opposing party so that the copy filed with the Court by the responding party contains both parties’ disclosures on the same form;
All numbers shall be rounded to the nearest whole dollar.
Document Filing Requirements35 rules
All withdrawals of appearance of counsel shall be in writing and upon Order of the Court.
A motion to withdraw must state the filing court's name and address, the client's last known address and telephone number, and relevant hearing, trial, and pretrial deadline dates.
Court's wording
A motion to withdraw shall include the following: (1) The name and address of the Court where the case is filed; (2) The last known address of the client and the client’s telephone number; and (3) Any hearing or trial dates and any pleading, discovery or other pre- trial deadline dates.
All motions or other requests for relief shall be accompanied by a proposed order.
- Document
- Motion or other request for relief
Must include
- •Proposed order
Court reporters must report specified transcript fees to the Indiana Supreme Court’s Office of Judicial Administration at least annually using its prescribed forms.
Court's wording
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, Office of Judicial Administration. The reporting shall be made on forms prescribed by the Office of Judicial Administration.
Proof of completion of a required program must be filed with the appropriate Court within ten (10) days of completion.
(B) Not later than forty (40) days before the date and time set for Final Hearing, Petitioner shall fully complete as applicable, the Final Hearing Disclosure as set forth in Appendix 3, and serve the other party.
For a provisional-orders hearing, each party must complete and file the applicable Provisional Hearing Disclosure and Child Support Obligation Worksheet by the hearing date and time.
Court's wording
(A) On or before the date and time set for hearing on a Motion for Provisional Orders, each of the parties shall complete as applicable, file with the Court AND provide the other party: (1) The Provisional Hearing Disclosure as set forth in Appendix 1; and (2) The Child Support Obligation Worksheet as set forth in Appendix number 2.
(2) The opposing party shall respond to such Request for Admissions by completing such party’s respective portion of the disclosure form and filing same with the Court within thirty (30) days from date of service.
If not previously filed, the parties must submit a completed Appendix 2 Child Support Obligation Worksheet to the Court on or before the Final Hearing in the specified proceedings.
Court's wording
(E) If not previously filed, on or before the date of the Final Hearing on any Petition for Dissolution of Marriage, Petitioner to Establish Paternity or Petition to Modify Child Support, the parties shall submit to the Court a completed copy of the Child Support Obligation Worksheet set forth at Appendix 2.
All issues which have been resolved shall be set forth in writing by the mediator, signed by the parties and their counsel, and, shall serve as stipulation of the parties at any contested Final Hearing.
(B) A two-tier notice and summons, consistent with Jury Rule 4(b), shall be used by the jury administrator.
At the Court’s discretion, a contested final hearing may not be set until the Court receives a mediator’s report identifying any issues resolved through mediation.
Court's wording
(d) Once a case is referred to mediation, at the Court’s discretion, it shall not be set for contested final hearing until, in addition to all other requirements of these Local Domestic Relation Rules being met, the Court receives a written report from the mediator. The report shall advise the Court what, if any, issues have been successfully resolved through mediation.
Agreements involving minor children must be accompanied by a completed child support worksheet and income withholding order ready for immediate activation, unless an exception applies.
Court's wording
(H) No dissolution of marriage settlement agreement, paternity agreement, or post dissolution or paternity agreement involving minor children will be approved by the Court unless accompanied by a child support obligation worksheet and an income withholding order, fully completed, and ready for immediate activation, unless it is made clear to the Court that it would not be in the best interest of the child(ren), or is otherwise not required by law.
This worksheet is required in all proceedings establishing or modifying child support.
Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court.
11 Weekly Alimony/Support Maintenance-Amount Actually Paid to Prior Spouses-Attach Copy of Order
Include
- •Attach Copy of Order
1 Salary and Wages _ (Attach last 3 pay stubs)
Include
- •Attach last 3 pay stubs
9 Weekly Legal Duty Child Support for Prior Children-attach CSOW
Include
- •Attach CSOW
15. Name - If Wife wants Former Name Restored - State Full Name:
Real Estate (Attach all legal descriptions)
Include
- •Attach all legal descriptions
Motor Vehicles (Please state make, model and year for each motor vehicle)
Cash, Bank Accounts, CDs (Please state locations and identifying numbers)
- Document
- Assets statement
Include
- •Please state locations and identifying numbers
Stocks and Bonds (Attach copies of certificates)
Include
- •Attach copies of certificates
Proposed orders for matters that the court has not received evidence on should always contain the options for the court to either grant, deny, or set the matter for hearing upon the motion or request for relief.
Proposed orders for matters the court has heard evidence on should track the evidence and reflect any announced instructions of the presiding judge.
Weekly Legal Duty Child Support for Prior Children-attach CSOW
Include
- •Attach CSOW
Salary and Wages (Attach last 3 pay stubs)
Include
- •Attach last 3 pay stubs
Weekly Alimony/Support Maintenance-Amount Actually Paid to Prior Spouses- Attach Copy of Order
Include
- •Attach Copy of Order
Business Interests (Sole proprietorships, partnerships, corporations, limited liability companies, etc. Attach all professional appraisals).
Other Assets (List value on date of marriage and date of filing)
Life Insurance Policies (List all policies even those without cash surrender value)
Retirement Accounts and IRAs (List value on date of marriage and date of filing)
You are under a continuing duty prior to trial to amend this statement if you learn the information contained herein is no longer accurate.
It is suggested that an easy to follow rule concerning notice to a client is to append a certificate of service to the filed motion to withdraw stating both the date the motion was served upon the client and the date the motion was served upon all the other parties or counsel to the action.
Appropriate proposed orders upon matters the court has not heard evidence on may follow this format:
Filing & Service rules
Electronic Filing Rules
Facsimile transmission filings are prohibited and will be stricken from the record.
Facsimile Transmission Filings shall not be accepted. Any such filings shall be deemed stricken from the record pursuant this rule.
Page 6 | LR17-AR 12-2 – Facsimile Transmission Filings
Filing Timing and Cure Windows
The filing deadline for proof of program completion is within ten days of completion.
Proof of completion of a required program must be filed with the appropriate Court within ten (10) days of completion.
Page 10 | LR17-FL 00-1- Children and Custody Proceedings
The opposing party must complete and file its portion of the disclosure form with the Court within 30 days after service.
(2) The opposing party shall respond to such Request for Admissions by completing such party’s respective portion of the disclosure form and filing same with the Court within thirty (30) days from date of service.
Page 11 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
The provisional-orders hearing filings must be completed and filed on or before the date and time set for the hearing.
(A) On or before the date and time set for hearing on a Motion for Provisional Orders, each of the parties shall complete as applicable, file with the Court AND provide the other party: (1) The Provisional Hearing Disclosure as set forth in Appendix 1; and (2) The Child Support Obligation Worksheet as set forth in Appendix number 2.
Page 11 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
If not already filed, the completed worksheet must be submitted to the Court on or before the Final Hearing in the listed proceedings.
(E) If not previously filed, on or before the date of the Final Hearing on any Petition for Dissolution of Marriage, Petitioner to Establish Paternity or Petition to Modify Child Support, the parties shall submit to the Court a completed copy of the Child Support Obligation Worksheet set forth at Appendix 2.
Page 12 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
An opposing party who does not admit the statement’s allegations must complete their corresponding portion within 30 days; otherwise, the information is deemed admitted as fact.
In the event that the opposing party does not admit the truth of the allegations contained therein, the opposing party shall, within thirty (30) days from this date, complete such party's respective and corresponding portion of the statement heretofore filed. In the event that the opposing party does not complete his or her respective and corresponding portion of the statement within thirty (30) days, the information contained therein shall be deemed to be admitted as fact by the opposing party pursuant to Local Rule IR17-FL-003(B).
Civil cases
Page 12 | PROPERTY, INDEBTEDNESS, AND EARNINGS STATEMENT
If a party represented by counsel does not file its portion of the disclosure form within 30 days after service, the information in the disclosure on file is deemed admitted as fact by all parties.
(3) In the event that the party being served with said Disclosure does not, within thirty (30) days from the date of service, file his or her respective portion of the disclosure form, if represented by counsel, the information contained in the Disclosure then on file shall be deemed to be admitted as fact by all parties.
Page 11 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
Service and Proof of Service Rules
The motion to withdraw must be served on the client at least 10 days before it is filed.
Upon written motion to withdraw, which motion shall be served on the client at least ten (10) days prior to the date of the filing of the motion.
Page 2 | LR17-TR 3.1-2 Withdrawal of Appearance by Counsel
Each party must provide the other party with the applicable provisional-hearing disclosure and child support worksheet by the hearing date and time.
(A) On or before the date and time set for hearing on a Motion for Provisional Orders, each of the parties shall complete as applicable, file with the Court AND provide the other party: (1) The Provisional Hearing Disclosure as set forth in Appendix 1; and (2) The Child Support Obligation Worksheet as set forth in Appendix number 2.
Page 11 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
The Petitioner must serve the completed Final Hearing Disclosure on the other party no later than 40 days before the Final Hearing.
(B) Not later than forty (40) days before the date and time set for Final Hearing, Petitioner shall fully complete as applicable, the Final Hearing Disclosure as set forth in Appendix 3, and serve the other party.
Page 11 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
Within 30 days after Respondent’s counsel enters an appearance, both counsel must exchange the specified financial and other relevant information for their clients.
(F) Within thirty (30) days after counsel for Respondent enters an appearance, both counsel shall voluntarily exchange the following information for their clients: (1) Federal and state income tax returns, with all supporting schedules, for the preceding three (3) years; (2) Pay stubs for the preceding four (4) weeks; (3) Bank statements showing balances in all accounts as of the date the Petition was filed; (4) Pension valuations showing those benefits which were vested as of the date of marriage, and, which were vested as of the date of filing the Petition; (5) Copies of all deeds, mortgages, and land contracts; (6) Copies of all real estate and personal property appraisals done within the preceding five (5) years; (7) Copies of all financial statements provided to any financial institution within the preceding five (5) years; (8) A list of all marital debts showing the name of the creditor, whether the debt is joint or individual, monthly payments, and payoff as of date of filing the Petition; and (9) All other relevant information in the party’s possession pertaining to custody, support, parenting time, marital assets or marital debts.
Page 12 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
The certificate of service records that a completed disclosure was mailed or hand delivered to the other party or their attorney.
I hereby certify that I did, on the _ day of , 20, mail or hand deliver to the other party or their Attorney, a completed copy of this disclosure.
Civil cases
Page 21 | CERTIFICATE OF SERVICE
When the Final Hearing Disclosure is served on an opposing party represented by counsel, it is deemed to be that party’s request for admissions that the information is true.
(1) A copy of said form, when served upon the opposing party, if represented by counsel, shall be deemed to be a Request for Admissions by the opposing party that the information contained on said form is true;
Page 11 | LR17-FL 00-3 – Dissolution of Marriage Pre-Trial Disclosure
Filing and serving the statement on the opposing party constitutes a request for admissions that its information is true.
The filing of this statement and service of it upon the opposing party constitutes a request for admissions to the opposing party that the information contained therein is true.
Civil cases
Page 12 | PROPERTY, INDEBTEDNESS, AND EARNINGS STATEMENT
Adjournment & Extension Requirements
Before filing a written continuance motion, the moving party must confer with all other parties’ counsel and, where practical, self-represented parties, ascertain objections and at least three mutually available rescheduling dates, and report or attach the objections and dates to the motion.
Before filing a written continuance, the moving party shall confer with counsel for all other parties and, where practical, with any parties appearing pro se, to determine any objections and to ascertain dates for rescheduling when all parties are available. Such objections and alternative dates (not less than three) shall be reported in or attached to the motion for continuance.
Page 3 | Continuances
Continuance motions must be in writing unless made on the record during the hearing or specifically authorized by the Court.
All motions for continuance, unless made on the record during the hearing of the cause or otherwise specifically authorized by the Court, shall be in writing.
Page 3 | Continuances
A party’s self-represented status does not excuse compliance with the continuance rule, and counsel must make a good-faith attempt to communicate with that person about a continuance request.
The mere fact that a party is not represented by counsel does not excuse compliance with this rule. Counsel is required to make a good faith attempt to communicate with any self- represented person in regard to any request for continuance.
Page 4 | Continuances
A continuance motion that omits mutually available dates or the non-moving party’s position may be summarily denied.
Motions for continuance that do not state mutually available dates or which do not state the position of the non-moving party may be summarily denied for failure to comply with these rules.
Page 4 | Continuances