Delaware County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements35 rules
A party who is represented by an attorney and is requesting attorney’s fees shall present to the court a written affidavit detailing the time spent, services rendered, and hourly rate requested.
A party seeking a default judgment shall file an Affidavit of Non-Military Service and Competency.
The writ of attachment shall contain identifying information regarding the judgment debtor including a current address, social security number or date of birth, and distinguishing physical features, if known. The writ shall also contain the date of issuance.
The request for body attachment must reflect that the order to appear was personally served on the judgment debtor and must include telephone numbers at which the judgment creditor may be contacted as well as sufficient information to identify the debtor.
The motion for contempt citation shall include a clear statement of the facts alleged to constitute contempt including the date on which the contempt is alleged to have occurred.
A party shall file a Release of Judgment with the court after the opposing party has paid a judgment in full.
(D) Withdrawal of Appearance. The court will not remove an attorney from the case until a Motion and Proposed Order to Withdraw has been filed and approved.
- Document
- Motion to withdraw
Include
- •Proposed order
For a Track Two GAL appointment, the attorney must review the Guidelines and Fee Acknowledgement with the client, obtain the attorney's and party's signatures, and file it with the GAL request.
Court's wording
The attorney representing the party requesting the Track Two-GAL appointment shall meet with the client and review the Guidelines for GAL Appointments and Fee Acknowledgement found in the Delaware County Administrative Rules (DAR-0019). The attorney and party shall sign the Guidelines and Acknowledgement, and the attorney shall file it with the court along with the request for GAL.
For a Track One GAL appointment, the attorney must review the Guidelines and Fee Acknowledgement with the client, obtain the attorney's and party's signatures, and file it with the GAL request.
Court's wording
The attorney representing the party requesting the Track One GAL appointment shall meet with the client and review the Guidelines for GAL Appointments and Fee Acknowledgement found in the Delaware County Administrative Rules (DAR-0019). The attorney and party shall sign the Guidelines and Acknowledgement, and the attorney shall file it with the court along with the request for GAL.
If the child is not represented by an attorney, the above requirements do not apply, and the parties must file written motions with the Court to request discovery.
If the PGC is not represented by an attorney, the above requirements do not apply, and the parties must file written motions with the Court to request discovery.
The attorney shall detail the request for additional fees in a Petition to the Court for Additional Fees.
All requests for approval of estate fees in supervised estates shall be submitted to the Court in writing, along with an appropriate proposed order.
- Document
- Estate fee approval request
Must include
- •Proposed order
Attorneys must file the supervised-estate instructions with the petition and opening paperwork and provide an executed copy, or the Court may decline to sign the appointment order.
Court's wording
Attorneys shall file the “Instructions to Personal Representative of Supervised Estate” form along with the Petition and other paperwork to open the Estate. The Court may decide not to sign the Order appointing the Personal Representative if the Attorney does not provide an executed copy of the Instructions.
Fee petitions must include supporting affidavits from the attorney and personal representative and specify the work performed, time spent, hourly rate, and total fees requested.
Court's wording
Petitions for fees shall include affidavits in support thereof from the attorney and the personal representative and provide the following information: (1) Details as to the work done by the affiant. (2) Time spent to accomplish said work. (3) Hourly rate used to calculate fees. (4) Total amount of fees being requested.
Attorneys shall file “Instructions to Personal Representative of Unsupervised Estate” along with the Petition and other paperwork to open the Estate. The Court may decide not to sign the Order appointing the Personal Representative if the Attorney does not provide an executed copy of the Instructions.
an estate, the Attorney shall file an Acknowledgement by Personal Representative of Receipt of Local Rule Regarding Fees in Probate Matters.
The case caption shall be creditor versus the personal representative or the estate.
- Document
- New case
- Placement
- Caption
If it is above the small claims jurisdictional amount, it shall be filed with a PL cause number.
Must include
- •PL cause number
Attorneys shall submit petitions to approve attorney fees in writing in all cases, along with an appropriate proposed order.
- Document
- Attorney fee petition
Must include
- •Proposed order
The case shall be related to the estate cause.
When a claim is disallowed and is to be set for trial, the party making the claim shall open a new case in the Court where the estate is filed.
If it can be filed as a small claims matter, it shall be filed with an SC cause number.
Must include
- •SC cause number
Petitions for fees for both the guardian and the attorney for the guardian shall include affidavits in support thereof and provide the same information as outlined in Paragraph I.G. above.
Within ten days after the appointment order is signed, the attorney must file the Instructions and two Acknowledgements containing the specified statements.
Court's wording
Attorneys shall, within Ten (10) Days after the Court signs the Order Appointing a Guardian Over the Estate of an Individual, file a copy of the following Instructions, along with the Two (2) Acknowledgements stating that the Attorney has given the Guardian a copy and has discussed the Instructions with the Guardian, and that the Guardian has reviewed the Instructions and agrees to comply with them.
An attorney representing a guardian shall report to the Court, any failure by the guardian to perform their fiduciary and statutory duties.
If a restricted account is required, the attorney must file the Undertaking and Obligation within ten days after the order requiring the account is entered.
Court's wording
If a Guardian is required to deposit Guardianship Assets into a restricted account, the Attorney shall file, within Ten (10) Days after the Order is entered requiring the restricted account, the Undertaking and Obligation which can be found in the Delaware Circuit Court Administrative Rules under Administrative Rule DAR-0016.
The State must file a forfeiture action as an MI action in the specified Circuit Court Division based on the related criminal case or where it would have been filed.
Court's wording
(2) Forfeiture Proceedings – The State of Indiana shall file the forfeiture action as a miscellaneous civil (MI) action in the Circuit Court Division where the State either has filed or is required to file the related criminal action pursuant to Local Rule. If the State does not intend to file a criminal action, or the criminal action has been filed with Muncie City Court, the State shall then file the forfeiture as a miscellaneous (MI) action in the Circuit Court where the criminal case would have been filed had it been filed in Circuit Court.
The Treasurer must petition the Designated Judge’s Court through its Miscellaneous Docket for approval of specified attorney’s fees, and obtain approval before payment in cases not formally filed in court.
Court's wording
Pursuant to Indiana Code Section 6-1.1-23-10(e), the Treasurer must file a petition in the Designated Judge’s Court for approval to pay attorney’s fees for legal services not related to formal judicial proceedings. The Treasurer shall file the petition in the “Miscellaneous” Docket for the Circuit Court in which the Designated Judge is serving. The Designated Judge shall approve the attorney’s fees for collecting personal property taxes before the Treasurer makes payment, in all cases not formally filed in a court.
If a party does not pay the judgment after its entry, the party seeking payment may file a Motion for Proceedings Supplemental and an Order to Appear in Court and Answer as to Wages, Assets, Property, and Income.
The party who filed a Notice of Claim, Counterclaim, or Cross-Claim may file a written Motion to Dismiss the claim at any time before the court enters a judgment.
Any party seeking a stay due to a bankruptcy filing should file a Notice to Stay the Proceeding stating that they have included the debt at issue with the bankruptcy court and include the bankruptcy cause number.
(J) Required Acknowledgement Concerning Attorney’s Fees in All Estates: Within Thirty (30) Days after the Court signs the Order Appointing Personal Representative in
A petition requesting additional fees will receive a hearing unless all interested parties execute a waiver and consent with the stated advisements; filing that form allows the Court, at its discretion, to waive the hearing.
Court's wording
If the petition to approve fees includes a request for additional fees, the Court will schedule a hearing on the petition, unless all interested parties execute a waiver and consent stating they have been advised that the fee request exceeds the Court's Guidelines for administering the Gross Estate and that the fee request is for additional services. If a waiver and consent form is filed with the petition for additional fees, the Court, at its discretion, may waive the requirement for hearing on the petition.
The court reporter shall submit a claim voucher to the supervising judge for approval of payment by the county for the preparation of any county indigent transcripts.
Filing & Service rules
Filing Timing and Cure Windows
A request for body attachment must be filed within 30 days of the debtor’s failure to appear at the contempt-citation hearing.
The request for body attachment must be filed within thirty (30) days of the debtor’s failure to appear for the hearing in the contempt citation.
Page 4 | Small Claims Practice and Procedure — (F) Contempt/Issuance of Body Attachment
A motion for contempt citation must be filed within 30 days of the debtor’s failure to appear.
The motion for contempt citation must be filed within thirty (30) days of the failure to appear.
Page 4 | Small Claims Practice and Procedure — (F) Contempt/Issuance of Body Attachment
A Release of Judgment must be filed after the opposing party pays the judgment in full.
A party shall file a Release of Judgment with the court after the opposing party has paid a judgment in full.
Page 4 | Small Claims Practice and Procedure — (H) Releasing Judgments
The Instructions and two Acknowledgements must be filed within ten days after the Court signs the order appointing a guardian over the estate.
Attorneys shall, within Ten (10) Days after the Court signs the Order Appointing a Guardian Over the Estate of an Individual, file a copy of the following Instructions, along with the Two (2) Acknowledgements stating that the Attorney has given the Guardian a copy and has discussed the Instructions with the Guardian, and that the Guardian has reviewed the Instructions and agrees to comply with them.
Page 26 | Probate Matters — Guardianship — Instructions Required in Guardianships over the Estate
The Undertaking and Obligation must be filed within ten days after the order requiring a restricted account is entered.
If a Guardian is required to deposit Guardianship Assets into a restricted account, the Attorney shall file, within Ten (10) Days after the Order is entered requiring the restricted account, the Undertaking and Obligation which can be found in the Delaware Circuit Court Administrative Rules under Administrative Rule DAR-0016.
Page 26 | Probate Matters — Guardianship — Attorney’s Undertaking and Obligation Required with Restricted Accounts
A written motion to dismiss a Notice of Claim, Counterclaim, or Cross-Claim may be filed any time before the court enters judgment.
The party who filed a Notice of Claim, Counterclaim, or Cross-Claim may file a written Motion to Dismiss the claim at any time before the court enters a judgment.
Page 4 | Small Claims Practice and Procedure — (I) Dismissals
Service and Proof of Service Rules
The motion for contempt citation and order to appear must be personally delivered to the judgment debtor, and proof of personal service must be filed; certified mail signed by the debtor counts as personal service.
The motion for contempt citation and order to appear must be delivered to the judgment debtor personally and proof of personal service must be filed with the court. Personal service includes certified mail signed by the judgment debtor.
Page 4 | Small Claims Practice and Procedure — (F) Contempt/Issuance of Body Attachment
When a party is no longer represented by counsel under Paragraph A, the opposing party must serve pleadings directly on that party under the Indiana Rules of Trial Procedure.
(B) Service of Pleadings. If a party is not represented by counsel pursuant to Paragraph A above, the opposing party shall serve any pleadings directly to the party pursuant to the Indiana Rules of Trial Procedure.
Page 5 | Domestic Relation Cases
Service of a pleading on an attorney whose representative capacity has ended is deemed a courtesy copy only.
(C) Courtesy Copy. If a party serves a pleading upon an attorney who no longer has a representative capacity in the case pursuant to Paragraph A, the court shall deem that service a courtesy copy only.
Page 5 | Domestic Relation Cases
Filing Fees and Waivers
A party requiring the GAL to attend or testify must pay the GAL in advance for the anticipated hearing time.
If a party requires the GAL to attend a hearing and/or to testify at a hearing, the party shall issue a subpoena to the GAL at least Ten (10) Days prior to the hearing date. The party issuing the subpoena is responsible to pay the GAL in advance for the time anticipated to attend the hearing.
Page 7 | (3) Testimony in Court
The requesting party must pay the GAL $2,000 in advance before work begins, and may be required to pay additional fees.
For Track One appointments, the party requesting the GAL appointment shall pay the following fees in advance to the GAL, and the GAL shall have no obligation to commence work until the party pays the fees: $2,000.00. This is not the entire fee, and the party requesting the Track One GAL appointment may be required to pay additional fees to the GAL.
Page 7 | (1) Track One GAL Appointments
The requesting party must pay the GAL $1,500 in advance before work begins; the court anticipates that the work needed for recommendations will not exceed that amount.
For Track Two appointments, the party requesting the GAL appointment shall pay the following fees in advance to the GAL, and the GAL shall have no obligation to commence work until the party pays the fees: $1,500.00. It is anticipated that the GAL will complete the work necessary to make recommendations without exceeding $1,500.00.
Page 7 | (2) Track Two GAL Appointments
The petitioner must pay the appropriate filing fee for the new case.
The petitioner shall pay the appropriate filing fee.
Page 25 | Probate Matters — Disallowed Claims to be set for Trial
For an approved 10% cash bond, the Clerk must retain an administrative fee equal to 10% of the deposit or $50, whichever is less.
If the Court approves such a bond, the Clerk shall retain from the deposit an administrative fee of Ten Percent (10%) of the deposit, or Fifty Dollars ($50.00), whichever is less, and a fee of Five Dollars ($5.00) pursuant to I.C. 35-33-8-3.2(d) to remit to the Board of Trustees of the Public Employees’ Retirement Fund for deposit in the Special Death Benefit Fund.
Page 20 | Bail Schedule
Index and table-of-contents pages are charged at the applicable per-page transcript preparation rate for county, state, or private cases.
The Index and Table of Contents pages shall be charged at the per page rate being charged for transcript preparation either for county, state or private cases.
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
A minimum fee of up to $35.00 per transcript is allowed for transcripts shorter than eight pages.
A minimum fee up to $35.00 per transcript shall be allowed for transcripts under eight (8) pages.
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
The maximum preparation fee for county indigent, state indigent, and private transcripts is $5.50 per page, including cover pages.
The maximum per page fee a court reporter may charge for the preparation of a county indigent, State indigent, or private transcript shall be $5.50, including cover pages;
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
An expedited transcript in a county case, requested for completion within three days, is charged at $7.50 per page.
The fee for an “expedited” transcript (preparation within three (3) days) on a county case shall be $7.50 per page.
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
An indigent rush or overnight transcript requested for completion within 24 hours or less is charged at $8.50 per page.
If a court reporter is requested to prepare an indigent “rush/overnight” transcript (preparation within twenty-four (24) hours or less), the per page fee shall be $8.50.
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
A paper copy of a transcript provided to the Public Defender’s Office or Prosecutor’s Office is charged at $1.00 per page.
$1.00 per page for a paper copy of a transcript provided to the Public Defender’s Office or the Prosecutor’s Office;
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
A court reporter may charge a budget-based hourly labor rate for binding transcripts and exhibit binders, ordinarily for no more than two hours; unusual circumstances may permit a recapitulation for additional hours.
An additional labor charge approximating the hourly rate based upon the court reporter’s annual fixed compensation as reflected in the court budget, may be charged for the time spent binding the transcript and exhibit binders. The labor charge shall not exceed two (2) hours, unless unusual circumstances permit the submission of a recapitulation enumerating the hours spent beyond the two (2) hour base.
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
.50¢ per exhibit.
.50¢ per exhibit.
Page 28 | LR18-AR00-DLR-0010 IN RE: COURT REPORTERS; Section Two. Salaries and Per Page Fees
A party who paid Track One GAL fees may petition the court at any time for reimbursement or contribution from the other party.
The party paying the fees may petition the court at any time for reimbursement or contribution from the other party toward GAL fees.
Page 7 | (1) Track One GAL Appointments
Adjournment & Extension Requirements
A party seeking to continue a hearing date must file a written motion, which the court may grant if the party shows good cause.
A party seeking to continue a hearing date must file a written motion for continuance, and the court may grant the motion if the party seeking the motion shows good cause.
Page 3 | Small Claims Practice and Procedure — (C) Continuances