Delaware County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Gal appointment request

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.

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.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

An attorney will not be removed from the case until a motion and proposed order to withdraw have been filed and approved.

(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.

CRITICAL

Applies to

Acknowledgement by personal representative

The Attorney must file the Personal Representative’s acknowledgement of receipt of the probate fee rule.

an estate, the Attorney shall file an Acknowledgement by Personal Representative of Receipt of Local Rule Regarding Fees in Probate Matters.

CRITICAL

Applies to

Estate fee approval request

Must include

proposed order

Requests to approve estate fees in supervised estates must be submitted in writing with a proposed order.

All requests for approval of estate fees in supervised estates shall be submitted to the Court in writing, along with an appropriate proposed order.

CRITICAL

Applies to

New case

Must include

caption

The new case must use a caption naming the creditor against the personal representative or the estate.

The case caption shall be creditor versus the personal representative or the estate.

CRITICAL

Applies to

Petition to open supervised estate

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.

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.

CRITICAL

Applies to

Writ of attachment

A writ of attachment must include the debtor’s identifying information, including a current address, social security number or date of birth, and known distinguishing physical features, as well as the issuance date.

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.

CRITICAL

Applies to

Forfeiture action

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.

(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.

CRITICAL

Applies to

Petition for additional fees

A request for additional attorney fees must be detailed in a petition to the Court for Additional Fees.

The attorney shall detail the request for additional fees in a Petition to the Court for Additional Fees.

CRITICAL

Applies to

Guardianship fee petition

Fee petitions for the guardian and the guardian’s attorney must include supporting affidavits and the information specified in Paragraph I.G.

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.

CRITICAL

Applies to

New case

Must include

case number

A disallowed claim above the small claims jurisdictional amount must be filed with a PL cause number.

If it is above the small claims jurisdictional amount, it shall be filed with a PL cause number.

CRITICAL

Applies to

Estate fee petition

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.

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.

CRITICAL

Applies to

Petition

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.

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.

CRITICAL

Applies to

Attorney fee request

An attorney-represented party requesting attorney’s fees must present a written affidavit detailing time spent, services rendered, and the requested hourly rate.

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.

CRITICAL

Applies to

Discovery motion

When the child is unrepresented, the discovery disclosure requirements do not apply, and the parties must request discovery by written motion.

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.

CRITICAL

Applies to

Attorney fee petition

Must include

proposed order

In every case, an attorney-fee approval petition must be submitted in writing with an appropriate proposed order.

Attorneys shall submit petitions to approve attorney fees in writing in all cases, along with an appropriate proposed order.

CRITICAL

Applies to

New case

The new case must be related to the estate cause.

The case shall be related to the estate cause.

CRITICAL

Applies to

Guardianship instructions and acknowledgements

Within ten days after the appointment order is signed, the attorney must file the Instructions and two Acknowledgements containing the specified statements.

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.

CRITICAL

Applies to

Gal appointment request

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.

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.

CRITICAL

Applies to

Report

An attorney representing a guardian must report to the Court any failure by the guardian to perform fiduciary or statutory duties.

An attorney representing a guardian shall report to the Court, any failure by the guardian to perform their fiduciary and statutory duties.

CRITICAL

Applies to

Default judgment request

A party seeking a default judgment must file an Affidavit of Non-Military Service and Competency.

A party seeking a default judgment shall file an Affidavit of Non-Military Service and Competency.

CRITICAL

Applies to

Petition to open unsupervised estate

Attorneys must file the unsupervised-estate instructions with the petition and opening paperwork and provide an executed copy, or the Court may decline to sign the appointment order.

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.

CRITICAL

Applies to

Undertaking and obligation

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.

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.

CRITICAL

Applies to

Request for body attachment

A request for body attachment must state that the order to appear was personally served and include contact telephone numbers for the judgment creditor and sufficient information to identify the debtor.

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.

CRITICAL

Applies to

Written motion for discovery

When the PGC is unrepresented, the parties must request discovery by written motion rather than comply with the listed discovery requirements.

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.

CRITICAL

Applies to

Motion for contempt citation

A motion for contempt citation must clearly state the alleged contempt facts and the date of the alleged contempt.

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.

CRITICAL

Applies to

New case

A party whose disallowed claim is set for trial must open a new case in the court where the estate is filed.

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.

CRITICAL

Applies to

New case

Must include

case number

A disallowed claim that can be filed as a small claims matter must be filed with an SC cause number.

If it can be filed as a small claims matter, it shall be filed with an SC cause number.

CRITICAL

Applies to

Release of judgment

After the opposing party pays the judgment in full, a party must file a Release of Judgment with the court.

A party shall file a Release of Judgment with the court after the opposing party has paid a judgment in full.

WARNING

Applies to

Claim voucher

For preparation of a county indigent transcript, the court reporter must submit a claim voucher to the supervising judge for county payment approval.

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.

WARNING

Applies to

Attorney fee acknowledgement

The text identifies an attorney-fee acknowledgement required in all estates and begins a 30-day period after the Court signs the appointment order, but the filing instruction is incomplete in this excerpt.

(J) Required Acknowledgement Concerning Attorney’s Fees in All Estates: Within Thirty (30) Days after the Court signs the Order Appointing Personal Representative in

WARNING

Applies to

Waiver and consent

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.

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.

WARNING

Applies to

Proceedings supplemental filing

If a judgment remains unpaid, the party seeking payment may file a Motion for Proceedings Supplemental and an Order to Appear and Answer as to Wages, Assets, Property, and Income.

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.

WARNING

Applies to

Motion to dismiss

The party who filed a Notice of Claim, Counterclaim, or Cross-Claim may file a written motion to dismiss that claim before judgment is entered.

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.

WARNING

Applies to

Notice to stay proceeding

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.

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.