Elkhart County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Child support filing

The parties must file a verified child-support worksheet and any court-required supporting documentation regarding income, childcare expenses, and the children’s healthcare expenses.

At least seven (7) days prior to hearing in all matters regarding child support issues, the parties shall file: A. Verified Child Support Worksheet; and B. Such supporting documentation as the Court may require establishing current income and income earned during the prior tax year, work-related childcare expenses, if any, and the children’s portion of health care expenses.

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 successful 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 who service was attempted on, and an indication whether service was either served or not served.

CRITICAL

Applies to

Unsupervised estate records

In an unsupervised administration, the estate attorney must preserve the specified records and supply them to the Court upon request.

The attorney for the estate in an unsupervised administration shall maintain and preserve, in paper or electronic format, records of notices delivered to distributes at the opening of the estate, the estate inventory, correspondence with each distribute during the administration of the estate and a full record of the final accounting including supporting statements, invoices, appraisals, and distribution reports. Such records will be supplied to the Court upon request.

CRITICAL

Applies to

Designation of evidence and table of contents

Exhibits in the Designation of Evidence and Table of Contents must be lettered starting with A and proceeding alphabetically.

1. Exhibits within the Designation of Evidence and Table of Contents must begin with the letter “A” and proceed through the alphabet.

CRITICAL

Applies to

Pleading or motion under trial rules 12 and 56

Pleadings and motions filed under Trial Rules 12 and 56 must include a separate supporting brief.

All pleadings and motions filed pursuant to Trial Rules 12 and 56 shall be accompanied by a separate supporting brief.

CRITICAL

Applies to

Motion petition notice pleading proposed order

Counsel or an unrepresented party submitting a motion, petition, notice, pleading, or proposed order must indicate the method of service.

Counsel or an unrepresented party submitting a motion, petition, notice, pleading or proposed order shall indicate the method of service of process.

CRITICAL

Applies to

Summons

A Family Court Brochure or other court-approved document explaining basic court functions must accompany every summons sent by mail.

A Family Court Brochure, or other Court-approved document explaining basic Court functions, is required to be attached to all Summons when mailed.

CRITICAL

Applies to

Proposed order

A separate proposed order must include the relevant agreement terms in imperative form and instructions for distribution and delivery under Trial Rule 72(D).

A separate proposed Order including the relevant portions of the agreement in imperative form shall also be e-filed. The proposed Order shall include instructions regarding the distribution and delivery of the Order pursuant to Trial Rule 72(D).

CRITICAL

Applies to

Motion

The proposed discovery request must be filed with the motion for the Court’s review.

The proposed discovery request shall be filed with the motion for review by the Court.

CRITICAL

Applies to

Pleading

All pleadings must be filed with the Clerk, not directly with the Court, unless Indiana Rules of Court require otherwise.

Regarding paper and electronically filed pleadings, hereinafter referred to as “all pleadings,” pleadings shall be filed with the Clerk, not directly with the Court, unless otherwise required by the Indiana Rules of Court.

CRITICAL

Applies to

Petition to abate or modify child support

A child-support payor’s petition to abate or modify a support order must state any child-support arrearage owed.

All petitions to abate or modify child support orders which are filed by child support payor shall include a statement of the amount of the arrearage, if any, owed by petitioner in child support

CRITICAL

Applies to

Designation of evidence and table of contents

Previously filed or issued documents designated as evidence must be listed and included in the Designation of Evidence and Table of Contents and assigned an exhibit letter and short title.

Documents that are designated as evidence that have already been filed or issued in the case, such as the Complaint, Answer, Orders, the relevant portions of another party’s designated evidence, extra, must be listed and included in the Designation of Evidence and Table of Contents and assigned an Exhibit Letter and short Title as required in section 207.3 (3).

CRITICAL

Applies to

Motion

The motion to lift the stay must include a copy of the bankruptcy court’s dismissal.

The motion shall include a copy of the dismissal from the bankruptcy court.

CRITICAL

Applies to

Motion

If the bankruptcy is dismissed or no discharge is granted, the judgment creditor must file a motion to lift the stay before taking any other action against the debtor.

If the bankruptcy is dismissed or a discharge is not granted, then the judgment creditor shall file a Motion to Lift Stay of Proceedings before taking any other action in the case against the judgment debtor.

CRITICAL

At a scheduled wage-garnishment exemption hearing, the judgment debtor must bring their three most recent pay stubs, a household budget, and any other information requested by the Court.

If a hearing is scheduled when the judgment debtor requests an exemption to modify the garnishment of wages, the judgment debtor shall bring to the hearing their three (3) most recent pay stubs, a family budget showing income and expenses for the household, and such other information as requested by the Court.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Before entry of an order granting a motion in a listed matter, the moving party must furnish the Court with a proposed order unless the Court directs otherwise.

Prior to entry by the Court of orders granting motions, the moving party shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters: 1. enlargement of time 2. continuance 3. default judgment 4. compel discovery 5. dismissal 6. appointment of receiver 7. appointment of guardian 8. appointment of personal representative 9. immediate possession of real estate 10. immediate possession of personal property 11. petition for certification of interlocutory appeals 12. staying further proceedings by reason of bankruptcy, appeal, or other grounds 13. request for hearing 14. extensions of dispositive motion filing deadlines and resetting the dispositive motion hearing and other hearings Motion and Order on Enlargement, Modification of Time or Deadlines 15. attorney’s withdrawal of appearance 16. other orders, judgments, or decrees as the Court may direct

CRITICAL

Applies to

Exhibits

Exhibits may be submitted only with court approval and in the manner the court directs.

Exhibits may only be submitted upon approval of the court and submitted in such a manner as directed by the court.

CRITICAL

Applies to

Proposed jury instructions

Indiana Pattern Jury Instructions must be used wherever applicable.

Indiana Pattern Jury Instructions shall be used wherever applicable.

CRITICAL

Applies to

Proposed order

A proposed order must include the specified date line at the left margin of the judge’s signature line.

F. at the left margin of the judge’s signature line, contain a date line, stating the following: “Date: (blank line) _________”; and,

CRITICAL

Applies to

Designation of evidence and table of contents

The Table of Contents must state the beginning and ending page number of each exhibit.

4. The Table of Contents must contain the beginning and ending page number for each Exhibit.

CRITICAL

Applies to

Notice of intent to destroy evidence

In civil cases initiated after the Rule's effective date, the initiating party must provide the Clerk with notice copies for each defendant, each plaintiff, and the Court's file when the case is initiated or defendants are added.

For all civil cases initiated after the effective date of this rule, the party initiating the action must provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a copy to be returned to each Plaintiff and a copy for the Court’s file.

CRITICAL

Applies to

Financial disclosure

The listed tax returns, tax forms, paystub, and any written employment contracts are required financial disclosures in a dissolution case.

A. Personal, Federal, and State, tax returns for three (3) years preceding the filing of the petition for dissolution of marriage with all pertinent forms W-2, 1099, K-1 and other schedules, and the most recent employment paystub, with year-to-date gross earnings and written employment contract(s), if any.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order must be filed for the court’s consideration with a motion for a temporary restraining order.

3. Preparation of Temporary Restraining Order. Like all other motions, a proposed order must be filed for the court’s consideration.

CRITICAL

Applies to

Proposed pretrial order

If a party or counsel refuses or fails to sign the proposed pretrial order, the filer must submit a written certification describing the circumstances when filing the order.

D. In the event one party or counsel refuses or fails to sign the proposed pretrial order, the party or counsel filing the order shall certify to the court in writing at the time of filing the order the circumstances surrounding the refusal or failure of the other party or counsel to sign the order

CRITICAL

Applies to

Attorney personal representative fee request

An attorney serving as Personal Representative may seek an additional fee of no more than one-third of the attorney fee, supported by a filed description of services, time spent, and hourly rate.

When the attorney does serve as the Personal Representative, an additional amount not to exceed one-third (1/3) of the attorney fee may be allowed, provided: a. The fee is reasonable considering all circumstances; and b. A description of services rendered including time spent with hourly rate in support of the request is filed.

CRITICAL

Applies to

Professional personal representative fee request

A professional Personal Representative’s fee request must include a filed description of services, and the applicable rate must be on file with and approved by the Court and result in a reasonable fee.

Those rates are on file with and approved by the Court. b. The rate results in a reasonable fee considering all circumstances; and c. A description of services rendered in support of a request for fees is filed.

CRITICAL

Applies to

Default judgment request

For default-judgment requests involving accounts, the listed additional documentation or information must be in the chronological case summary when the request is filed.

B. Accounts. In cases involving accounts, 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. An Affidavit of Debt in a form that complies with the requirements of Small Claims Rule 2(B)(4)(b). 2. If the plaintiff is not the original creditor, then the Affidavit of Debt shall include the additional information required by Small Claims Rule 2(B)(4)(c). 3. If the plaintiff is not the original creditor, then a sworn statement by plaintiff or plaintiff’s attorney that the statute of limitations on the claim has not expired. 4. Any agreement, contract, lease, invoice, receipt, bill or other written document that serves as a basis for the claim.

CRITICAL

Applies to

Default judgment request

For default-judgment requests involving medical bills, the specified provider statement or documentation must be in the chronological case summary when the request is filed.

C. Medical Bills. In cases involving medical bills, 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. An account statement or other documentation from the medical provider which includes: a. The name of the medical provider, and name of the patient or responsible party. b. The unpaid account balance. c. The account number is consistent with the requirements of Indiana Access to Court Records Rule 5. d. A detailed summary of the dates of service, charges for medical care and treatment, payments received by the medical provider, and any write-offs on the account.

CRITICAL

Applies to

Alternative motions

When alternative motions are filed together, each motion must be identified in the caption.

Each motion shall be separate, while alternative motions filed together shall each be identified on the caption.

CRITICAL

Applies to

Pre indictment filing

Must include

case number

Pre-indictment filings concerning a grand jury must bear that grand jury’s assigned case number.

All pre-indictment motions, orders and other filings pertaining to matters before that grand jury shall bear that case number

CRITICAL

Applies to

Motion petition notice or pleading

The Clerk will not accept an unrepresented litigant’s filing without the litigant’s current address, phone number, and electronic address; opposing parties may serve notices and responses at any address the litigant provided in a pleading.

The Clerk shall not accept any motion, petition, notice or other pleading for filing from an unrepresented litigant unless the unrepresented litigant’s current address, phone number and electronic address appears on the pleading, and an opposing party may serve notices and responses on an unrepresented litigant at any address the party has provided on a pleading.

CRITICAL

Applies to

Supplemental disclosures

Disclosure duties under the reciprocal discovery order continue, and supplementation showing changes in assets and debts is required at least 10 days before trial using the most recent available documents and things.

Duties of disclosure set forth by the Court’s reciprocal discovery order shall be continuous. Supplementation shall be required not fewer than ten (10) days prior to trial showing any changes in the status of assets and debts as of the month of or one (1) month prior to trial, the most recent of which documents and things are available.

CRITICAL

Applies to

Personal representative deed

A Personal Representative’s Deed may not be approved in an unsupervised estate.

No Personal Representative’s Deed shall be approved in unsupervised estates.

CRITICAL

Applies to

Default judgment request

Must include

proposed order

Documents and information generally must be in the chronological case summary when a default-judgment request is filed, though they may be filed earlier or with the affidavit; a proposed order must be in a Court-approved form.

A. General Requirements. The following documents or information shall generally be a part of the chronological case summary at the time that a request for default judgment is filed. The documents or information may be filed prior to the request for default judgment, or as part of the Affidavit for Judgment by Default: 1. Proof of service of the Notice of Claim or Notice of Counterclaim in compliance with LR20-TR4-505. 2. Affidavit of Non-Military Service including the Service members Civil Relief Act Status Report from the Department of Defense. 3. If the claim includes prejudgment interest, a written calculation of the amount of interest. The calculation shall include the time and interest rate. If the interest rate is higher than the statutory rate for prejudgment interest, documentation shall be included that supports the use of a higher interest rate. 4. If the claim includes attorney fees, an attorney fee affidavit shall be filed along with documentation or legal authority (statute or case law) to support an award of attorney fees. 5. An Affidavit of Debt in a form that complies with the requirements of Small Claims Rule 2(B)(4)(b) Affidavit of Debt If the plaintiff is not the original creditor, then the Affidavit of Debt shall include additional information required by Small Claims Rule 2(B)(4)(c). 6. Any agreement, contract, lease, invoice, receipt, bill, or other written documentation that serves as a basis for the claim. 7. Copies of all assignments/transfers of the debt. 8. A proposed order for default judgment in a form approved by the Court.

CRITICAL

Applies to

Proposed jury instructions

Each party in a civil case must tender all proposed preliminary and final instructions to the court.

In any civil case each party shall tender to the court all proposed preliminary and final instructions at least fourteen (14) days prior to the trial date in electronic format that allows editing.

CRITICAL

Applies to

Proposed order

Counsel must prepare proposed orders when required by the Court, including orders on routine motions and agreements.

Counsel shall prepare proposed orders as may be required by the Court, such as orders granting or denying routine motions and agreements.

CRITICAL

Applies to

Verified petition for expungement of juvenile chins records

A verified petition to expunge juvenile CHINS records must use State form C-14.06.

A verified Petition for Expungement of Juvenile Child in Need of Services Records may only be filed using State form C-14.06.

CRITICAL

Applies to

Withdrawal of original court document

Original court materials may be withdrawn from the custodian only by court order and after leaving a proper receipt.

No person shall withdraw any original pleading, paper, record, model, exhibit, or other document from the custody of the Clerk or other officer of the Court having custody thereof, except upon order of the Court and upon leaving a proper receipt with the Clerk or other officer.

CRITICAL

Applies to

Exhibit

A document authenticated or referenced by an exhibit must be marked as its subpart and specifically and accurately referenced in the authenticating or reference document.

4. If a document is authenticated or referenced by an Exhibit, it must be marked as a subpart to that Exhibit and must be specifically and accurately referenced in the authenticating or reference document.

CRITICAL

Applies to

Summons

For the service methods listed in this subsection, the initiating party must file a Certificate of Issuance of Summons.

The initiating party must file a Certificate of Issuance of Summons.

CRITICAL

If judgment is sought against someone who did not receive the services, documentation of secondary liability must be provided for each service date.

G. Documentation showing secondary liability if judgment is sought against a person to whom services were not provided (this must be provided for each date of service).

CRITICAL

Applies to

Receiver report

Each receiver’s report must cover receipts, expenditures, and the receiver’s official acts and transactions.

Within twenty-eight (28) days after the filing of inventory, and at regular intervals of three (3) months thereafter until discharged, unless the Court otherwise directs, the receiver or other similar officer shall file reports of the receipts and expenditures and of his or her acts and transactions in an official capacity.

CRITICAL

Applies to

Motion to withdraw

If withdrawal will leave the client unrepresented, the Motion to Withdraw must provide the client’s address and 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 may be delivered, or other notice can be provided.

CRITICAL

Applies to

Receiver inventory

The receiver’s filing must include an inventory and appraisal of assets in the receiver’s or agent’s possession and a separate inventory of assets claimed and held by others.

Unless the Court otherwise orders, a receiver or similar officer, as soon as practicable after appointment and not later than twenty-eight (28) days after he or she has taken possession of the estate, shall file an inventory and an appraisal of all the property and assets in the receiver’s possession or in the possession of others who hold possession as his or her agent, and in a separate schedule, and inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

CRITICAL

Applies to

Financial disclosure

Copies of appraisals prepared within two years of the dissolution petition are required for real estate or personal property in which a marital partner holds an interest.

F. Copies of appraisals of real estate, or personal property in which a marital partner holds an interest, prepared within two (2) years from date of petition for dissolution of marriage.

CRITICAL

Applies to

Transcript

The transcript must identify non-documentary and oversized exhibits where they were admitted into evidence.

Such exhibits shall be identified in the Transcript where they were admitted into evidence.

CRITICAL

Applies to

Physicians report

A treating physician’s report or other evidence required by the Court must be presented when the petition is filed or on the hearing date; no determination will be made without supporting medical evidence or testimony.

In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician’s Report by the doctor treating the alleged incapacitated person, or such additional evidence as the Court shall require shall be presented to the Court at the time the petition is filed or on the hearing date. No determination will be made without a supporting medical report or testimony.

CRITICAL

Applies to

Financial disclosure

Statements for the specified financial accounts and intangible assets are required for the three months before and including the petition month.

C. Statements from all banks, brokerage firms, investments firms, or mutual funds for three (3) months prior to and including the month in which the petition for dissolution of marriage is filed in which either marital partner has any interest, either alone or together with any other person, to include all checking, savings, certificate of deposit, treasury bills, stocks, bonds, or other forms of intangible assets.

CRITICAL

The applicable document must state how child tax exemptions or other child governmental benefits are used and notify parents of the 95% Rule.

3. That states the use of child tax exemptions or other child governmental benefits and notifies parents of the 95% Rule in utilization of child tax exemptions.

CRITICAL

Applies to

Default judgment

The defendant must file an Affidavit for Judgment by Default and any supporting documentation required by the Court.

the defendant must file an Affidavit for Judgment by Default along with any other supporting documentation required by the Court.