DeKalb County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Final hearing disclosure

The Petitioner must complete the applicable Final Hearing Disclosure and serve 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.

CRITICALCivil cases

Applies to

Assets statement

The assets disclosure must state the locations and identifying numbers of cash, bank accounts, and CDs.

Cash, Bank Accounts, CDs (Please state locations and identifying numbers)

CRITICAL

Applies to

Child support obligation worksheet

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.

(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.

CRITICALCivil cases

Applies to

Final hearing disclosure

A copy of the order must be attached when reporting weekly alimony or support maintenance actually paid to prior spouses.

11 Weekly Alimony/Support Maintenance-Amount Actually Paid to Prior Spouses-Attach Copy of Order

CRITICAL

Applies to

Motion or other request for relief

Must include

proposed order

Every motion or other request for relief must be accompanied by a proposed order.

All motions or other requests for relief shall be accompanied by a proposed order.

CRITICAL

Applies to

Mediation resolved issues

Issues resolved through mediation must be set out in writing by the mediator, signed by the parties and their counsel, and serve as the parties’ stipulation at a contested final hearing.

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.

CRITICALCivil cases

Applies to

Final hearing disclosure

The Final Hearing Disclosure calls for the last three pay stubs to be attached to the salary and wages entry.

1 Salary and Wages _ (Attach last 3 pay stubs)

CRITICAL

Applies to

Provisional orders hearing filings

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.

(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.

CRITICALCivil cases

Applies to

Child support obligation worksheet

The worksheet is required in every proceeding to establish or modify child support.

This worksheet is required in all proceedings establishing or modifying child support.

CRITICALCivil cases

Applies to

Final hearing disclosure

If the wife wants her former name restored, the Final Hearing Disclosure should state her full name.

15. Name - If Wife wants Former Name Restored - State Full Name:

CRITICAL

Applies to

Jury notice and summons

The jury administrator must use a two-tier notice and summons consistent with Jury Rule 4(b).

(B) A two-tier notice and summons, consistent with Jury Rule 4(b), shall be used by the jury administrator.

CRITICALCivil cases

Applies to

Child support obligation worksheet

Each party must complete the applicable portion of the worksheet, sign it, and file it with the court.

Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court.

CRITICAL

Applies to

Proof of completion

Proof of completion of a required program must be filed with the appropriate Court within ten days after completion.

Proof of completion of a required program must be filed with the appropriate Court within ten (10) days of completion.

CRITICAL

Applies to

Disclosure form response

(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.

(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.

CRITICAL

Applies to

Withdrawal of appearance

A counsel withdrawal must be in writing and requires a court order.

All withdrawals of appearance of counsel shall be in writing and upon Order of the Court.

CRITICALCivil cases

Applies to

Assets statement

The assets disclosure must include all legal descriptions for real estate.

Real Estate (Attach all legal descriptions)

CRITICAL

Applies to

Transcript fee report

Court reporters must report specified transcript fees to the Indiana Supreme Court’s Office of Judicial Administration at least annually using its prescribed forms.

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.

CRITICAL

Applies to

Mediator report

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.

(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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Settlement or paternity agreement

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.

(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.

CRITICALCivil cases

Applies to

Assets statement

The assets disclosure must state the make, model, and year of each motor vehicle.

Motor Vehicles (Please state make, model and year for each motor vehicle)

CRITICALCivil cases

Applies to

Final hearing disclosure

A CSOW must be attached for weekly legal-duty child support paid for prior children.

9 Weekly Legal Duty Child Support for Prior Children-attach CSOW

CRITICALCivil cases

Applies to

Assets statement

The assets disclosure must include copies of stock and bond certificates.

Stocks and Bonds (Attach copies of certificates)

WARNING

Applies to

Proposed order

For matters on which the court has received no evidence, proposed orders should include options to grant, deny, or set the matter for a hearing.

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.

WARNINGCivil cases

Applies to

Provisional hearing disclosure

Weekly Legal Duty Child Support for Prior Children-attach CSOW

Weekly Legal Duty Child Support for Prior Children-attach CSOW

WARNINGCivil cases

Applies to

Assets statement

List all life insurance policies, including those without cash surrender value.

Life Insurance Policies (List all policies even those without cash surrender value)

WARNING

Applies to

Proposed order

For matters on which the court has heard evidence, proposed orders should track the evidence and reflect the presiding judge’s announced instructions.

Proposed orders for matters the court has heard evidence on should track the evidence and reflect any announced instructions of the presiding judge.

WARNINGCivil cases

Applies to

Disclosure statement

Before trial, the disclosure statement must be amended if its information is no longer accurate.

You are under a continuing duty prior to trial to amend this statement if you learn the information contained herein is no longer accurate.

WARNINGCivil cases

Applies to

Assets statement

Attach all professional appraisals for business interests.

Business Interests (Sole proprietorships, partnerships, corporations, limited liability companies, etc. Attach all professional appraisals).

WARNINGCivil cases

Applies to

Assets statement

For retirement accounts and IRAs, list the value on the date of marriage and the date of filing.

Retirement Accounts and IRAs (List value on date of marriage and date of filing)

WARNINGCivil cases

Applies to

Provisional hearing disclosure

The provisional hearing disclosure must include the last three pay stubs for salary and wages.

Salary and Wages (Attach last 3 pay stubs)

WARNINGCivil cases

Applies to

Provisional hearing disclosure

The provisional hearing disclosure must include a copy of the order for alimony or support maintenance actually paid to prior spouses.

Weekly Alimony/Support Maintenance-Amount Actually Paid to Prior Spouses- Attach Copy of Order

WARNINGCivil cases

Applies to

Assets statement

For other assets, list the value on the date of marriage and the date of filing.

Other Assets (List value on date of marriage and date of filing)

INFO

Applies to

Proposed order

Proposed orders for matters on which the court has not heard evidence may follow the sample format provided.

Appropriate proposed orders upon matters the court has not heard evidence on may follow this format:

INFO

Applies to

Motion to withdraw

It is suggested, but not required, that the filed motion to withdraw include a certificate of service stating when the client and the other parties or their counsel were served.

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.