Elkhart County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Notice of claim

A plaintiff seeking possession of real estate must file a court-approved Verification of Ownership with the Notice of Claim, identifying the owner and, for an LLC or similar entity, the entity and its majority owner or shareholder.

C. Verification of Ownership of Real Estate. The plaintiff in a case for possession of real estate shall file a Verification of Ownership with the Notice of Claim. The Verification of Ownership shall be on a form approved by the Court Verification of Ownership The verification shall accurately identify the owner(s) of the real estate. If the owner of the real estate is a limited liability company (LLC) or similar entity, the verification shall include the name of the entity along with the name of the majority owner/shareholder of the entity.

CRITICAL

Applies to

Motion to withdraw

If withdrawal will leave the client unrepresented, the Motion to Withdraw must include the client's contact information for service or other notice.

In cases where the withdrawal of appearance shall leave the client unrepresented, the Motion to Withdraw must contain the address, telephone number, cellular number, and email address of the client where service of documents can be delivered, or other notice can be provided.

CRITICAL

Applies to

Financial disclosure

A declaration sheet and cash-value schedule are required for qualifying insurance policies owned by or benefiting a marital partner.

H. Declaration sheet and schedule of cash value for all insurance policies owned by or for which any marital partner is the beneficiary which has a cash surrender value.

CRITICAL

Applies to

Pleading or motion

Parties and counsel must comply with Trial Rule 11 verification requirements, and the moving party or counsel of record must sign pleadings and motions before filing.

Parties and their counsel are required to comply with the verification requirements of Trial Rule 11, and either the moving party or the party’s attorney of record shall sign, as allowed by Trial Rule 86, all pleadings and motions before filing with the Clerk of the Court.

CRITICAL

Applies to

Motion or pleading

Must include

proposed order

A proposed form of order is required with any motion or other pleading that asks the Court to act.

Proposed forms of order are required for all Motions or other pleadings when there is a request for the court to act in some manner.

CRITICAL

Applies to

Financial disclosure

Copies of the most current debt statements for the three months before and including the petition month are required.

I. Copies of the most current statements of debt for the three (3) months preceding and including the month in which the petition was filed.

CRITICAL

Applies to

Affidavit of debt

A. If the plaintiff is not the original creditor, the Affidavit of Debt shall include: 1. A statement by plaintiff (or plaintiff’s counsel, if plaintiff is represented by counsel), that the statute of limitations to bring an action to collect the defendant’s debt has not expired; and, 2. Attached exhibits, which must include: a. A copy of the contract or other writings evidencing the original debt, which must contain the signature of the defendant.

A. If the plaintiff is not the original creditor, the Affidavit of Debt shall include: 1. A statement by plaintiff (or plaintiff’s counsel, if plaintiff is represented by counsel), that the statute of limitations to bring an action to collect the defendant’s debt has not expired; and, 2. Attached exhibits, which must include: a. A copy of the contract or other writings evidencing the original debt, which must contain the signature of the defendant.

CRITICAL

Applies to

Brief

A brief permitted to exceed 25 pages must include a page-referenced table of contents, an issue statement, and a table of authorities listing cited authorities and their locations.

But if the Court permits a brief to exceed twenty-five (25) pages, it must include: 1. a table of contents with page references. 2. an issue statement; and 3. a table of authorities, including. 4. all cases (alphabetically arranged), statutes, and other authorities cited in the brief; an 5. references to where the authorities appear in the brief.

CRITICAL

Applies to

Verified petition for expungement of juvenile delinquency records

A verified petition to expunge juvenile delinquency records must use State form D-16.04.

A verified Petition for Expungement of Juvenile Delinquency Records may only be filed using State form D-16.04;

CRITICAL

Applies to

Proposed order

The last page of a proposed order must have a judge-signature line at the right margin with the applicable judicial title typed beneath it; including the judicial officer’s name is preferred.

E. at the right margin contain a line for the signature of the judge on the last page of the proposed order under which shall be typed “Judge, Elkhart Superior Court” or “Magistrate, Elkhart Superior Court,” or “Judge, Elkhart Circuit Court,” or “Magistrate, Elkhart Circuit Court,” whichever is applicable or other title of appointed judicial officer. It is also preferred that this line include the judicial officer’s name.

CRITICAL

Applies to

Proposed order

When directed by the Court, a party or the party’s attorney must prepare a proposed order based on the Court’s decision.

As directed by the Court, a party or an attorney for a party shall prepare a proposed order based on the decision rendered by the Court.

CRITICAL

Applies to

Notice of withdrawal

The notice must state the case status, scheduled hearings, the client's contact-information obligations and conduct standard, and that the client should promptly seek new counsel.

The notice must include: 1. The present status of the case. 2. Any scheduled hearing dates. 3. Of client’s duty to keep court informed of client’s mailing address, email address, and telephone number. 4. That client will be held to the same standard of conduct as a licensed Indiana attorney; and, 5. That the client should act promptly to secure new counsel.

CRITICAL

Applies to

Financial disclosure

A statement for the petition month is required for each listed tax-deferred compensation plan maintained by or for a marital partner.

G. Statement of pension, profit sharing, individual retirement account, ESOP, or other form of tax deferred compensation plan maintained by or for a marital partner, for the month in which the petition for dissolution of marriage was filed.

CRITICAL

Applies to

Affidavit of non military service

An affidavit of non-military service must be provided.

F. Affidavit of Non-Military Service; and,

CRITICAL

Applies to

Motion for default judgment

A default judgment motion must provide the specified attorney-fee, non-military-service, amount-supporting, and computation documents.

The following supporting documents shall also be provided: a. Affidavit of Attorney’s Fees and be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees. b. Affidavit of Non-Military Service and supporting documentation as required by the Service Members Civil Relief Act, 50 U.S.C. 3931. c. Written instrument allowing for the recovery of any other amounts sought, including interest rates and other fees; and, d. Attachment showing method of computation used to arrive at the amount requested.

CRITICAL

Applies to

Financial disclosure

Tax returns and financial statements for the preceding five years are required for business entities in which either marital partner has an ownership or membership interest.

B. Tax returns and financial statements for five (5) years preceding the filing of the petition for dissolution of marriage for all corporations, or partnerships, or other business entities in which either marital partner has any ownership or membership interest.

CRITICAL

Applies to

Designation of evidence and table of contents

Each exhibit subpart must be identified in the Table of Contents.

5. As with each Exhibit, each subpart to an Exhibit must be identified in the Table of Contents.

CRITICAL

Applies to

Appearance form

The appearance form must include the attorney’s name, address, telephone number, and registration number.

appearance in the given action and shall include in their appearance form the attorney’s name, address, telephone number, and registration number to be retained within the electronic case management system.

CRITICAL

Applies to

Guardianship accounting

Social Security and Medicare benefits received for an incapacitated person must be included in the guardianship accounting, subject to the stated Court-approved exceptions.

All Social Security or Medicare Benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accounting unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility, or because of the amount of such funds, the Court finds that such funds can only be used by the guardian or designated person for the benefit of, or use for such incapacitated person.

CRITICAL

Copies of all assignments from the original provider to the plaintiff must be provided.

D. Copy of all assignments (from original provider to Plaintiff);

CRITICAL

Applies to

Interrogatories

The propounding party must sign and date interrogatories served on parties under Trial Rule 33.

All interrogatories to parties propounded pursuant to Trial Rule 33 shall be signed and dated by the propounding party.

CRITICAL

Applies to

Joint pretrial order

If settlement is not possible or efforts fail, the parties must prepare a joint pretrial order containing the listed information.

B. if settlement is not possible or efforts to reach a settlement are fruitless, to prepare a joint pretrial order containing: 1. All stipulations. 2. Each party’s contentions of facts that are in dispute and require resolution by the court. Each party’s proposed resolution of contested issues. 3. Where applicable, each party’s statement of marital assets and debts, including any exhibits that will be offered in support of these figures. 4. The identity of each witness and the factual issue(s) about which the witness is expected to testify; that is, a summary of the expected testimony. 5. The expected length of trial. 6. All proposed trial exhibits with numbers or letters. 7. Whether mediation, arbitration, or another form of alternative dispute resolution may be appropriate in the opinion of either party.

CRITICAL

Applies to

Jury instructions

Requests for special instructions must include citations to supporting authorities.

Requests for special instructions shall contain citations to supporting authorities.

CRITICAL

Applies to

Attorney fee request

A request for attorney fees at trial or in a default judgment must include evidence of the amount, by attorney-signed affidavit or the attorney’s sworn testimony.

A request for an award of attorney fees at trial or as part of a default judgment shall include evidence as to the amount of the fees. Evidence of the amount of attorney fees shall either be in the form of an affidavit signed by the attorney, or testimony by the attorney under oath.

CRITICAL

Applies to

Sealed affidavit

Where appropriate, a sealed affidavit is to be filed with the Court in substantially the form as provided by the Court.

Where appropriate, a sealed affidavit is to be filed with the Court in substantially the form as provided by the Court.

CRITICAL

Applies to

Motion for enlargement or deadline modification

Must include

proposed order

The motion must use the provided form and be accompanied by a substantially similar proposed order adjusted for the motion; noncompliance may result in summary denial.

The motion shall be in the form provided at Motion for Enlargement, Modification of Time or Deadline A proposed order that is substantially similar to the form set out in Order on Enlargement, Modification of Time or Deadline Order Amending Deadlines, modified for the particular motion, shall also be filed. A party’s failure to strictly comply with these requirements may subject the motion to summary denial.

CRITICAL

Applies to

Documents for sheriff service

The requesting party must provide the Sheriff with three copies of each document to be served and proof of payment.

It is the requesting party’s responsibility to provide the Elkhart County Sheriff with three copies of any document(s) to be served along with proof of payment for this service.

CRITICAL

Applies to

Proceedings supplemental report

After a proceeding supplemental, the judgment creditor must file a chronological case summary entry form reporting its results.

Following a proceeding supplemental, the judgment creditor shall file a chronological case summary entry form notifying the Court regarding the results of the proceedings supplemental.

CRITICAL

Applies to

Attorney fee affidavit

When attorney fees are allowable under contract, the attorney’s affidavit must include the contract language showing recoverability, and the contract must be attached as an exhibit.

In instances where the fee is allowable under contract, an attorney’s affidavit must also be accompanied by the contract language showing that attorney’s fees are recoverable. The contract shall be attached to the affidavit as an exhibit.

CRITICAL

Applies to

Designation of evidence and table of contents

The Table of Contents must be the first item below the caption in the Designation of Evidence and Table of Contents and must clearly identify each exhibit relied on in the motion or response.

The first item set out below the caption of the case in the Designation of Evidence and Table of Contents must be the Table of Contents. 2. The Table of Contents must clearly designate each Exhibit relied upon in the Motion or Response.

CRITICAL

Applies to

Petition for guardian of minor

A petition to appoint a guardian of a minor’s person must include the listed residence, living-history, school and health, custody-litigation, and third-party custody or visitation information.

In every petition for the appointment of a guardian of the person of a minor child, the following information shall be given: A. The child’s present address. B. The places where the child has lived within the past two (2) years and the names and present addresses of the persons with whom the child has lived during that period. C. General information concerning school, health, etcetera. D. Whether, to the petitioner’s knowledge, any other litigation is pending concerning the custody of the child in this or in any other state. E. Whether, to the 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

Participant contact information

Participants must keep an email address on file and update it; if no email address is available, login instructions are sent through the mail notice system.

Participants are required by the Rules of Trial Procedure to have on file an email address and updates to same, if no e-mail address is available then such log in instructions are sent by the mail notice system as any other notice or order of the court pursuant to TR 86.

CRITICAL

Applies to

Designation of evidence

Citations must refer to the page number stated in the Table of Contents.

7. Citations must be to the page number referenced in the Table of Contents.

CRITICAL

Applies to

Proposed qualified domestic relations order

All proposed QDROs must be signed by all parties or their attorneys and, when possible, pre-approved by the Plan Administrator.

All proposed Qualified Domestic Relations Orders (QDRO) shall be signed by all parties or their attorneys, and when possible pre-approved by the Plan Administrator.

CRITICAL

Applies to

Default judgment request

D. Credit Cards. In cases involving credit cards, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. The name of the original credit card company. 2. The unpaid account balance and charge off date. 3. Date and amount of the last payment. 4. The account number is consistent with the requirements of Access to Court Records Rule 5. 5. Date the defendant defaulted on the account. 6. Interest rates(s) for the account. 7. Summary of fees assessed to the account, including but not limited to late fees and over limit fees. 8. Monthly billing statement for the last payment or last purchase, whichever is later. The statement should include the following information: a. Defendant’s name and address. b. Date of last payment or purchase. c. Interest rate and any fees. 9. An itemized statement for the amount requested as a judgment. The itemization shall include the amount charged to the account by the debtor, interest, and fees. 10. If the plaintiff is not the original creditor, then a sworn statement by the plaintiff or the plaintiff’s attorney that the statute of limitations on the claim has not expired.

D. Credit Cards. In cases involving credit cards, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. The name of the original credit card company. 2. The unpaid account balance and charge off date. 3. Date and amount of the last payment. 4. The account number is consistent with the requirements of Access to Court Records Rule 5. 5. Date the defendant defaulted on the account. 6. Interest rates(s) for the account. 7. Summary of fees assessed to the account, including but not limited to late fees and over limit fees. 8. Monthly billing statement for the last payment or last purchase, whichever is later. The statement should include the following information: a. Defendant’s name and address. b. Date of last payment or purchase. c. Interest rate and any fees. 9. An itemized statement for the amount requested as a judgment. The itemization shall include the amount charged to the account by the debtor, interest, and fees. 10. If the plaintiff is not the original creditor, then a sworn statement by the plaintiff or the plaintiff’s attorney that the statute of limitations on the claim has not expired.

CRITICAL

Applies to

Default judgment affidavit

The moving party must file an affidavit at the motion filing or default-judgment hearing stating that the targeted party is not in military service, a minor, incompetent, or institutionalized.

At the time of filing of a motion for default judgment or at the time of a hearing scheduled for entry of a default judgment, the moving party shall file an affidavit indicating that the party or parties against whom default is sought is not a member of the military service, is neither a minor nor incompetent, and is not institutionalized.

CRITICAL

Applies to

Motion for default judgment

A default-judgment motion involving a loan installment contract or repossession must include the listed contract, sale and payment records, fee support, and military-service affidavit.

In cases involving loan installment contracts or repossession, a Motion for Default Judgment shall include the following additional attachments and information: A. A copy of the original signed contract, which must contain the signature of the defendant. B. Documents showing: 1. If the personal property was repossessed and sold, the date and place of sale. 2. Gross amount from sale of personal property. 3. All deductions (itemized) from gross sale amount; and, 4. Any other deductions made (itemized). C. An itemization of all amounts paid on the contract by the debtor. D. Affidavit of Attorney’s Fees or other fees must be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees. E. Affidavit of Non-Military Service.

CRITICAL

Applies to

Proposed order

A proposed order must describe all relevant details of the relief granted; “Motion granted” alone is insufficient.

B. contain all relevant detail of the relief granted by the order (a single statement, such as “Motion granted” is not sufficient in detail);

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be written and include an attached notice to the client of counsel’s intention to withdraw.

A motion to withdraw shall be in writing with an attached notice to the client of the intention to withdraw.

CRITICAL

Applies to

Financial disclosure

An amortization schedule or balance statement for the petition month is required for mortgages, land contracts, and other liens on real estate in a marital partner’s name.

E. Amortization schedule or statement of balance for month in which the petition for dissolution of marriage was filed for any mortgage, land contract, or other lien on any real estate in the name of a marital partner, whether the marital partner has a sole or partial ownership interest.

CRITICAL

Applies to

Written agreement

If the parties reach an agreement on any issues, they must put its terms in writing and obtain the signatures of all parties or their counsel, including an intervening State and any appointed Guardian Ad Litem.

If the parties reach an agreement on any or all issues, the terms of the agreement shall be reduced to writing and signed by all parties or their counsel, including the State if it has intervened and the Guardian Ad Litem if one has been appointed.

CRITICAL

Applies to

Pre indictment challenge

Pre-indictment challenges to grand jury subpoenas or proceedings must be written, filed with the clerk, and state the specified pertinent facts.

All pre-indictment challenges to grand jury subpoenas or grand jury proceedings shall be made in writing and filed with the clerk and shall recite all pertinent facts including the grand jury number, the date of service of the subpoena, the appearance or production date of the subpoena, and the law.

CRITICAL

A copy of the contract must be provided if there is one.

E. Copy of the contract (if any);

CRITICAL

Applies to

Exhibit

An exhibit’s letter and title must match the letter and title in the Table of Contents.

3. The Exhibit Letter and Title of the Exhibit must match the Exhibit Letter and Title as stated in the Table of Contents.

CRITICAL

Applies to

Bond

A nonresident fiduciary must post the statutorily required bond before qualification.

A nonresident fiduciary shall post bond prior to qualification as required by statute.

CRITICAL

Applies to

Attorney fee request

A request for attorney fees generally requires evidence by attorney testimony or affidavit containing the listed information; this requirement does not apply to a standardized fee for bringing a Rule to Show Cause.

A. No order granting a request for attorney fees shall be made unless fees are allowable under applicable law and there has been evidence furnished by testimony or affidavit of the attorney. The testimony or affidavit shall include: 1. the attorney’s bar license number. 2. identity of the party represented by the requesting attorney. 3. the attorney’s hourly rate. 4. the total of the fees requested. 5. the amount of time expended and a general description of each time entry. 6. the fact that the services and time were reasonably necessary considering the nature and complexity of the matter; and, 7. a statement regarding the reasonableness of the fees requested, including the usual and customary charges. B. Exception to this requirement shall be when a request is made for a standardized attorney fee for bringing a Rule to Show Cause.

CRITICAL

Applies to

Exhibit

Each exhibit title must identify the specific document by its content.

2. The Exhibit Title must identify the specific document by its content, such as “Affidavit of Mary Rose”; “Credit Card Statements 2007-2019”; and “Deposition of John Henry.”

CRITICAL

Applies to

Return of service

When e-filing a Return of Service, the filer must identify the documents, the party served or attempted to be served, and whether service was completed in the comment field.

Note: if e-filing the Return of Service, the filer must specify in the comment field the name of the document(s), the party’s name on whom service was attempted, and an indication whether service was served or not served.

CRITICAL

Applies to

Motion

A party intending to conduct discovery under Indiana Small Claims Rule 6 must file a motion for court approval.

A party that intends to conduct discovery pursuant to Indiana Small Claims Rule 6 shall file a motion for approval of discovery.

CRITICAL

Applies to

Proposed jury instructions

A party submitting proposed instructions must provide two formats: one identifying the proponent and authority, and one omitting both.

A party submitting proposed instructions shall submit the proposal in two formats: One (1) the proposed instruction shall identify the party tendering the instruction and shall contain citations of authority. The second format of the instruction shall be prepared so as not to identify either the party proposing the instruction or the citation of authority.