Elkhart County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Waiver and consent

A waiver and consent for fees exceeding the Local Rule Guidelines must be substantive and substantially follow the specified form.

A waiver and consent for allowing fees more than these Local Rule Guidelines shall not be merely a pro forma waiver and consent, but must be in substantially the form as set forth Waiver and Consent to Allow Excess Fees

CRITICAL

Applies to

Inventory

Each inventory prepared after a partial inventory must recapitulate the prior inventories.

In the event a partial inventory is prepared, all subsequent inventories must contain a recapitulation of prior inventories.

CRITICAL

Applies to

Notice of judgment

A Notice of Judgment must be prepared when an agreement provides for a money judgment against a party.

In the event a money judgment is to be rendered against any party by agreement such as a child support arrearage, property equalization payment, and/or attorney fees, a Notice of Judgment shall be e-filed.

CRITICAL

Applies to

Notice

A published hearing notice must explain how to obtain a free copy of the accounting.

If notice is given by publication, the notice shall explain how to obtain a copy of the accounting without charge.

CRITICAL

Applies to

Designated forms and documents

Individuals must provide requested information and complete forms and documents designated by Family Court Services and the Court.

All individuals shall provide information as requested and complete all forms and documents designated by the Elkhart Office of Family Court Services and the Court.

CRITICAL

Applies to

Pretrial order

The pretrial order must include a verified financial statement, contested issues and proposed resolutions, possible admissions, witness information, and other matters aiding disposition.

419.3. Contents of Pretrial Order A. Verified Financial Statement. B. Identification of contested issues, including custody, parenting time, support, post-secondary educational assistance, and rehabilitative maintenance. C. Proposal for resolution of contested issues. D. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof. E. The names of witnesses to be called during the trial and the general nature of their expected testimony. F. Such other matters as may aid in the disposition of the action.

CRITICAL

Applies to

Chronological case summary entry

Hearing dates for filings requiring Court action shall be obtained from the Court Clerk or Court Staff as directed by each Judicial Officer and incorporated in the CCS entry at the time the motion or other pleading is filed. If no date is obtained prior to the filing, there should be a date and time blank line.

Hearing dates for filings requiring Court action shall be obtained from the Court Clerk or Court Staff as directed by each Judicial Officer and incorporated in the CCS entry at the time the motion or other pleading is filed. If no date is obtained prior to the filing, there should be a date and time blank line.

CRITICAL

Applies to

Financial disclosure

A copy of the deed is required for the marital residence and other real estate in which either marital partner has a legal or equitable interest.

D. Copy of deed to marital residence, or any other real estate in which a marital partner has any legal or equitable interest, whether alone or with others, including but not limited to any corporate deeds.

CRITICAL

Applies to

Estate and guardianship pleadings and applications

The Petitioner must sign and verify all estate and guardianship pleadings and other applications to the Court.

All estate and guardianship pleadings and other applications to the Court shall be signed and verified by the Petitioner.

CRITICAL

Applies to

Guardianship triage questionnaire

A separate Guardianship Triage Questionnaire is required in all Adult and Minor Guardianship cases.

A separate Guardianship Triage Questionnaire is required in all Adult and Minor Guardianship cases:

CRITICAL

Applies to

Body attachment or writ of attachment request

For each judgment debtor or garnishee defendant, the judgment creditor must file a request, a writ stating the release bond, and a warrant information card with identifying information.

5. The judgment creditor properly completes and files all pleadings and forms required by the Court. The pleadings and forms include for each judgment debtor or garnishee defendant: a. One (1) Request for Body Attachment/Writ of Attachment b. One (1) Writ of Attachment which must include a statement setting a bond for release. The bond amount shall be set at the lesser of five hundred dollars ($500.00) or the total amount remaining unpaid on the judgment, including costs and interest. c. A Warrant Information Card, including the judgment debtor’s or garnishee defendant’s social security number and/or date of birth.

CRITICAL

Applies to

Default judgment request

A party seeking default judgment must file an affidavit identifying any required information or documentation that is unavailable and explaining why it is unavailable.

H. Unavailable Information or Documentation. If any of the information or documentation required by LR20-SC10-511(A) through LR20-SC-10- 511(G) is unavailable, the party requesting a default judgment shall file an affidavit that identifies the unavailable information or documentation and states why the information or documentation is unavailable.

CRITICAL

Applies to

Summons citation notice or other document

Counsel must prepare and file the specified documents using Clerk forms that include the information necessary to effect service.

Counsel for a party shall be responsible for preparing and filing summons, citations, notices, or other documents for which forms may be obtained from the Clerk of the Court. These forms shall include any names, addresses, electronic address, cell phone number and other descriptive information, such as place of employment, necessary to affect service of said document.

CRITICAL

Applies to

Affidavit for witness attachment

A writ of attachment for an absent witness may issue only if the calling party files an affidavit addressing the testimony’s materiality and expected content and certifying the witness’s service of process.

A writ of attachment for an absent witness shall not be issued unless the party calling said witness files an affidavit showing: 1. The materiality of the testimony of the witness. 2. The expected testimony of the witness; and 3. Certification that the absent witness was served with process more than three (3) days earlier or that for good and sufficient cause the witness was served with process less than three (3) days earlier.

CRITICAL

Applies to

Extraordinary collection remedy

Before seeking an extraordinary collection remedy, a party must have filed a proceeding supplemental and, as appropriate, interrogatory responses, unless an emergency or other good cause is shown.

Unless an emergency or other good cause is shown, any party filing for an extraordinary collection remedy (that is, account freeze, employment information, or garnishment) shall have previously filed a proceeding supplemental and interrogatories responses, as appropriate.

CRITICAL

Applies to

Notice of intent to destroy evidence

For civil cases initiated before but disposed of after the Rule's effective date, enough notice copies must be provided for service on all parties participating in matters where tangible evidence was offered or admitted.

For all civil cases initiated prior to the effective date but disposed of after the effective date of this rule, the Court must be provided with enough copies of the notice for service on all parties participating in all matters at which tangible evidence was offered or admitted.

CRITICAL

Applies to

Decree of dissolution of marriage

Each dissolution decree must require compliance with the applicable child-relocation statute and parent-notification rules, and specifically identify the relocation statute.

A. Each decree of dissolution of marriage shall contain provisions that: 1. Requires compliance with the applicable Indiana statute governing relocation of the residence of children. That provision shall also make specific reference to that statute to assist lay persons in reviewing it. 2. Requires compliance with Indiana Rules that require parents to notify the other parent, and the court of any change in address, phone number or email address.

CRITICAL

Applies to

Initial disclosures

Each party must make initial disclosures using reasonably available information, and the listed circumstances do not excuse disclosure.

K. Each party shall make his or her initial disclosures based on information reasonably available to him or her and no party is excused from making disclosures because he or she has not fully completed his or her investigation of the case or because he or she challenges the sufficiency of the other party’s disclosure or because the other party has not made the required disclosure.

CRITICAL

Applies to

Evidence removal receipt

The party removing evidence must give the court reporter a detailed receipt at removal, and the receipt becomes part of the court file.

At the time of removal, a detailed receipt must be given to the court reporter by the party receiving and removing the evidence; the receipt will be made part of the court file.

CRITICAL

Applies to

Motion on final account

Fees paid to attorneys or fiduciaries in a supervised estate or guardianship must be reported with the Motion on Final Account and are subject to Court approval.

Fees paid to fiduciaries and to attorneys in the administration of a supervised estate or guardianship shall be reported to the Court with Motion on Final Account and such fees shall be subjected to approval by the Court at that time.

CRITICAL

Applies to

All proceedings

Must include

proposed order

Unless the Court directs otherwise, attorneys must prepare a form of Order for the Court’s use in every proceeding.

Unless directed otherwise by the Court, all attorneys are required to prepare a form of Order for use by the Court in all proceedings.

CRITICAL

Applies to

Motion or pleading

A party seeking to vacate a hearing and submit a final order must file an additional motion or pleading stating the reason.

If a party wishes to vacate a hearing and submit a final Order for approval of the Court, the party shall submit an additional Motion or pleading indicating the reason for vacating the hearing and submission of the Order.

CRITICAL

Applies to

Default judgment

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

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

CRITICAL

At a hearing to exempt bank-account funds from garnishment, the judgment debtor or third party must bring the account’s three most recent bank statements and documentation showing the source of funds.

The judgment debtor or third party shall bring to the hearing the last three (3) bank statements for the account and any documentation which demonstrates the source of funds in the account such as pay stubs or social security records.

CRITICAL

Applies to

Extraordinary fee petition

Extraordinary fee petitions must describe the services rendered specifically.

Fee petitions requesting extraordinary fees must set forth services rendered with specificity.

CRITICAL

Applies to

Emergency detention application

The sending party must maintain the original Emergency Detention application documents and a record of the electronic transmission.

The original Emergency Detention application documents and a record of electronic transmission must be maintained by the sending party.

CRITICAL

Applies to

Notice of claim

For a possession request involving real estate purchased under a land contract, the Notice of Claim must identify the land contract and include a copy of it.

1. If a plaintiff is requesting an order of possession with respect to real estate that is being purchased pursuant to a land contract, the Notice of Claim must clearly state that the real estate is subject to a land contract, and a copy of the contract shall be filed with the Notice of Claim.

CRITICAL

Applies to

Closing letter

The estate attorney or pro se fiduciary must retain copies of closing letters and provide them to the Court upon request.

The attorney for the estate, or the pro se fiduciary, is responsible for maintaining paper or electronic copy of such closing letter(s) and shall provide any copies to the Court upon request.

CRITICAL

Applies to

Exhibit

Each exhibit and any document or page designated as evidence must bear an exhibit letter and short title.

Each Exhibit must be affixed with a Title and Exhibit Letter. No document or individual page may be designated as evidence that does not contain an Exhibit Letter and short Title.

CRITICAL

Applies to

Proposed jury instructions

In any criminal case each party shall tender to the court all proposed preliminary and final instructions at least seven (7) days prior to the trial date in an electronic format that allows editing.

In any criminal case each party shall tender to the court all proposed preliminary and final instructions at least seven (7) days prior to the trial date in an electronic format that allows editing.

CRITICAL

Applies to

Motion for leave to exceed discovery limits

A party seeking to exceed 50 interrogatories or 25 requests for production must obtain a party stipulation or, if no agreement is possible, file a written leave motion that includes the proposed additional interrogatories and explains their necessity, after full Trial Rule 26(F) compliance.

3. Any party desiring to serve interrogatories more than fifty (50) Interrogatories, or twenty-five (25) Request for Production of Documents shall either: a. File a stipulation of the parties, agreeing to the additional interrogatories; or b. If an agreement cannot be obtained, file a written motion requesting leave of the Court to serve more than fifty (50) interrogatories or twenty-five (25) Request for Production of Documents; the motion shall set forth those additional proposed interrogatories, and shall explain their necessity; full compliance with Trial Rule 26(F) is required.

CRITICAL

Applies to

Attorney fee affidavit

A party seeking attorney’s fees on default must submit an attorney-executed affidavit at the motion filing or hearing that supports the basis and reasonable amount of the fees; fees are not allowed without an affidavit or sworn testimony.

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, a moving party who is requesting an allowance of attorney’s fees shall file an affidavit executed by the attorney requesting the fee. The affidavit shall be in a form and substance to enable the Court to determine if attorney’s fees are appropriate, and if so the reasonable amount of fees. The affidavit shall set forth the authority for the Court to award attorney’s fees (that is, statute, contract, etcetera) and the basis upon which the proposed fees were computed (that is, the hourly rate, the number of hours employed or anticipated to be employed in obtaining and enforcing a judgment herein). In the absence of an affidavit or sworn testimony in lieu thereof, no attorney’s fees shall be allowed.

CRITICAL

The required filing must identify all accounts and account numbers consistently with the Access to Court Records Rules.

5. All accounts and account numbers consistent with the Access to Court Records Rules.

CRITICAL

Applies to

Initial petition or affidavit

A nonresident personal representative or guardian must appear before the Court on the initial petition or submit an affidavit describing their education, employment, and lack of felony convictions.

Nonresident personal representatives and guardians shall either appear before the Court on initial petition or else submit an affidavit describing their education, employment, and lack of felony convictions.

CRITICAL

Applies to

Motion for default judgment

A default judgment motion should generally include an Affidavit of Debt stating, as known or requested by the moving party, the default date, unpaid account balance, and separately enumerated fees.

In addition to the specific requirements set out below in sections 205.2 – 205.6, a Motion for Default Judgment shall generally include the following attachments and information: 1. Affidavit of Debt. The Affidavit of Debt shall include the following information as known or requested by the moving party. a. The default date. b. The unpaid balance of the account; and, c. Any fees, including attorney’s fees or late fees, separately enumerated.

CRITICAL

Applies to

Affidavit of attorneys fees

B. Affidavit of Attorney’s Fees or any other fees must be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees.

B. Affidavit of Attorney’s Fees or any other fees must be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees.

CRITICAL

Applies to

Motion

The judgment creditor must file a motion to lift the stay before a stayed garnishment order can be reactivated.

If a garnishment order is stayed at the request of the judgment creditor or because of a bankruptcy, then the judgment creditor shall file a Motion to Lift Stay before the garnishment order can be reactivated.

CRITICAL

Applies to

Motion for proceedings supplemental

A motion for proceedings supplemental must include the Notice of Debtor Rights.

The following notice is required: Notice of Debtor Rights

CRITICAL

Applies to

Motion

The judgment creditor must file a motion for release of the garnishment order after receiving sufficient funds to satisfy the judgment, interest, and costs.

Upon receipt by the judgment creditor or by the Clerk of the Circuit and Superior Courts, on the judgment creditor’s behalf, of funds sufficient to satisfy the judgment, accrued interest, and costs, the judgment creditor shall immediately file a motion for release of the garnishment order

CRITICAL

Applies to

Appraisal for petition to sell

An appraisal required for a petition to sell must be made within one year of the petition’s date.

All appraisals required by 613.1 above shall be made within one year of the date of the Petition to Sell.

CRITICAL

Applies to

Motion

The judgment creditor must attach a copy of the payment-plan agreement to the motion for a voluntary garnishment order.

A copy of the agreement shall be attached to the motion.

CRITICAL

Applies to

Itemized property list

Before the auction, the parties must prepare and submit one itemized list of household goods and personal property that notes items of a separate nature.

C. Prior to the auction, the two parties are ordered to prepare and submit one itemized list of all household goods and personal property noting, items of a separate nature (e.g., premarital, extended family gifts, inheritance, disposed of or disputed items, etc.).

CRITICAL

Applies to

Motion for default judgment

A default-judgment motion involving medical bills must include an Affidavit of Debt identifying each service’s provider and date, the recipient, and the unpaid balance.

In cases involving medical bills, a Motion for Default Judgment shall include the following additional attachments and information: A. Affidavit of Debt must include: 1. original provider and date for each service. 2. Name of the individual to whom each service was provided. 3. Unpaid balance.

CRITICAL

Applies to

Pretrial statement

Each party must prepare a pretrial statement before the conference, exchange it with the other parties, and submit it to the court with the listed information.

Pre-trial Statements shall be prepared by each party prior to the pre-trial conference and shall address the following, exchanged between the parties, and submitted to the court: A. Identification and valuation of assets. B. Identification and valuation of liabilities. C. Statement of each party’s contentions. D. Copies of all proposed exhibits. E. Summaries of witness testimony.

CRITICAL

Applies to

Proposed pretrial order

The proposed pretrial order must be prepared and signed according to whether counsel represents both parties, one party, or neither.

A. In cases where counsel has appeared for both parties, counsel shall prepare and jointly sign the proposed pretrial order. B. In cases where counsel has appeared for one party, the attorney shall prepare the proposed pretrial order and secure the signature of the party appearing unrepresented. C. In cases where both parties are unrepresented, they shall jointly prepare and sign the proposed pretrial order.

CRITICAL

Applies to

Expungement petition

Unrepresented litigants seeking expungement must complete the form provided by the Juvenile Court Clerk.

Unrepresented litigants seeking expungement shall complete the form provided by the Juvenile Court Clerk

CRITICAL

The required filing must state the interest rate sought, if any.

7. Interest rate sought (if any).

CRITICAL

Applies to

Agree commitments

The Agree Commitments document must be filed with the court as proof of compliance.

Proof of compliance is required within 20 days of Notice of this requirement by filing with the court the Agree Commitments document.

CRITICAL

Applies to

Adr request

A request for an order requiring ADR must be written and accompanied by a memorandum describing the case, the attorneys or unrepresented litigants, and the history and good-faith failure of prior settlement negotiations.

One or more of the parties may request that the Court order the parties engage in ADR. Such a request must be in writing and must be accompanied by a memorandum informing the Court of the nature of the case, the attorneys or unrepresented litigants involved, and a history of the settlement negotiations that have taken place to that date and that the previous settlement negotiations made in good faith have failed.

CRITICAL

Applies to

Discovery motion

A motion concerning a discovery dispute must state the date, time, and place of personal consultations and identify their participants.

As a part of such motion, the party shall recite the date, time, and place of the personal consultations and the names of the participants.